Paso Robles City Council
October 1, 2024

Article 5 Special Regulations
Paso Robles Zoning Code 5-52
Table 21.64.030-2 Non-Hosted Accommodation Separation Requirement Zoning district Minimum separation distance Interpretation R-1 Single-Family Residential 100 feet 1. Measured from perimeter of property line.

2. Does not apply to a second
Short-Term Rental Permit on the
same lot.

All other zoning districts 0 feet No separation requirement D. The application form for a permit shall be available from the Community Development Department. A separate permit application is required for each rental address or individual rental unit. The owner (for a homeshare permit) or the owner and registered authorized agent (for a non-hosted accommodation permit) shall be required to provide, maintain, and keep current the following information on the permit application:

1. Name and contact information (including home/business telephone numbers, mobile phone numbers, email address, and permanent mailing address) of the owner and authorized agent, if any, of the short-term rental property.

2. Identification of whether the short-term rental is a homeshare and/or non-hosted accommodation.

3. Address of the short-term rental property.

4. Floor plan (to scale) showing all interior rooms and location of each bedroom with number of beds (including sofa beds or hide-a-beds) to be rented as part of the short-term rental and approximate square footage in the short-term rental property, and the maximum number of overnight renters, subject to the limitations set forth in Subsection 21.64.030.E (Permit Application Process) below.

5. Site plan showing entire property on which short-term rental unit is located, including the power panel disconnect, house water main valve, number and location of designated on-site parking spaces available (including garage parking) for use by renter(s), and storage location of trash containers and scheduled day for trash pickup.

6. Evidence satisfactory to the City that each bedroom meets all local building and safety code requirements.

7. Acknowledgement that the owner, and the authorized agent, if any, has read all regulations pertaining to the operation of a short-term rental, including this Chapter, the City's business license tax requirements (Chapter 3.28), the City's transient occupancy tax requirements (Chapter 3.26), City Council Resolution 17-082 creating the Paso Robles Tourism Improvement District and agreement to pay the required assessments thereunder, the San Luis Obispo County Visitors and Conference Bureau (dba Visit SLO CAL) and agreement to pay the required assessments thereunder, and to comply with any additional administrative regulations promulgated by the Director to implement this Chapter.

8. The name and all forms of contact information of the registered contact person (who may be the owner or the authorized agent, if any) who shall be available by telephone 24 hours a day, 7 days a week, and who shall be able to respond within thirty minutes of receipt of a complaint while the short-term rental property is occupied by a renter.

9. Any other information as the Director deems reasonably necessary to administer this Chapter.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-53

10. Acknowledgement and agreement that any and all use of the property for short-term rental shall cease upon transfer of the property, expiration of the permit, or revocation of the permit, pursuant to Section 21.64.060 (Enforcement).

11. Agreement to hold harmless, indemnify, and defend the City against any claims or litigation arising from the issuance or revocation of the permit.

12. Agreement to pay any costs to enforce the conditions of the permit, including, but not limited to any City authority response to verified nuisance complaints, or inspections of the short-term rental property.

13. Certification under penalty of perjury as to the accuracy of the information provided on the permit application and agreement to comply with all conditions of the permit and this Chapter.

E. Permit Application Process.

1. Processing Fee. The City Council, by resolution, shall specify from time to time, in its master fee schedule, the amount of the permit application and processing fee, based upon the City's reasonable estimated costs for processing and reviewing the permit application materials and maintaining the hotline. The permit application and processing fee shall be non-refundable.

2. Numeric Limits on the Processing and Issuance of Short-Term Rental Permits. The City Council, by resolution, may adopt procedures to implement permit issuance, including the establishment of application periods, waitlists, and/or grace periods for applicants already in possession of valid short-term rental business licenses, and may limit the total number of ShortTerm Rental Permits available for issuance.

3. Review. Upon review of the materials submitted with the permit application, the Director shall determine whether a permit will be issued or the application is incomplete and notify the applicant within 60 days. If the Director determines that the permit may be issued upon compliance with certain conditions, the Director shall notify the applicant in writing of the nature of the conditions that shall be satisfied in order to receive a permit. If the Director determines that the permit should be denied, the Director shall notify the applicant in writing of the reasons for the denial. The decision of the Director may be appealed to the Planning Commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).

4. Permit Renewal. No earlier than 12 months and at least 60 days prior to the expiration of a permit, the owner and the authorized agent, if any, of a short-term rental shall submit an application to renew the permit on a form available from the City, along with a renewal fee in an amount to be established by resolution of the City Council in the City's master fee schedule. The owner or authorized agent shall identify any notice of violation or concern (including any compliance or citation issued by the City) issued for the short-term rental use during the permit term and shall document how the violation or concern has been addressed. If the Director determines that any past violation or concern has not been adequately addressed, or that a history of past violations is detrimental to the public health, safety, or welfare, the Director may determine that the permit is ineligible for renewal for a period of 12 months. The applicant or any interested person may appeal the decision of the Director to the Planning Commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).

5. Permit Transfer Prohibited. No permittee shall transfer, or attempt to transfer, a permit to any other person.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-54

6. Exceptions: Short-term Rental Permits may be transferred to a new owner in the TC-1 and TC-2 Zoning Districts (uptown/town center specific plan) and any other "T" zoning districts.

F. Permit Conditions. Each permit issued pursuant to this Chapter shall be subject to all of the following conditions:

1. The term of each permit issued pursuant to this Chapter shall be for 3 years. Upon the expiration or lapse of any permit, it shall be of no further force or effect.

2. A copy of the permit and good neighbor brochure shall be posted in a prominent location inside the short-term rental unit.

3. The permittee shall require any renter to sign an agreement acknowledging receipt of the good neighbor brochure and agreement to comply with its terms. If the rental is through a third party hosted on-line platform, the permittee shall require the third party to provide an on-line link to the good neighbor brochure and a mechanism by which a renter shall provide an acknowledgement of receipt of the good neighbor brochure and agreement to comply with its terms.

4. The permittee shall require renters to utilize the designated on-site parking spaces, to the maximum extent possible.

5. The permittee shall limit:
a. Parking on public streets;
b. Overnight occupancy; and
c. Daytime guests of the short-term rental property to the numbers specified in the following table:

Table 21.64.030-3 Short-Term Rental Parking and Occupancy Limits # of bedrooms
Minimum on-site
parking
Total # of
overnight occupants
(9:00 P.M. to 7:00 A.M.)
Maximum # of
daytime occupants
(7:00 A.M. to 9:00 P.M.)
0/1 bedrooms 1 2 6
2 bedrooms 2 4 8
3 bedrooms 3 6 10
4 bedrooms 4 8 12
5 bedrooms 5 10 14
Exceptions to Table 21.64.030-3 (Short-Term Rental Parking and Occupancy Limits):
i. The Director may approve exceptions to the parking requirements for short-term rentals with existing, non-conforming on-site parking deficiencies in all zoning districts.
ii. Children 2 years of age and under are not counted as occupants.

6. The permittee shall provide access to the garage of the short-term rental if the garage has been included in the determination of the number of available on-site parking spaces.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-55

7. It is the intent of the City to enforce sections of the Streets and Highways Code related to the provision for emergency vehicle access. Accordingly, no limousine or bus parking, and no stopping without the driver's presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency vehicle access area.

8. The permittee shall provide appropriate refuse and recycling service for the short-term rental property. Property shall be free of debris both onsite and in the street. Refuse and recycling cans shall be maintained in a clean and sanitary condition, stored in the approved onsite location, moved to the pickup location no more than 24 hours prior to trash pickup, and returned to storage no more than 24 hours after pickup.

9. The permittee shall post in a conspicuous interior location near the entry door, an informational sign for renters with important notices, rules, and regulations; immediate contact information for owner/agent, police, and emergency services; hotline telephone number; emergency procedures; site address; maximum allowed number of permitted overnight renters, daytime occupants, and vehicles; neighborhood quiet time regulations; and trash pickup instructions and trash pickup days.

10. The permittee shall ensure that the renters and/or guests of the short-term rental property do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code, including but not limited to any City noise regulations including Chapter 9.07 (Prohibited Conduct).

11. The permittee shall, upon notification that renters and/or guests of the short-term rental property have violated any permit conditions (including any unreasonable noise or disturbances, disorderly conduct, or violations of this Code or State law), promptly act to stop the violator(s) and prevent a recurrence of the violation, provided, however, that the City does not intend to authorize, and the City does not authorize, the permittee to act as a peace officer or place himself or herself in harm's way.

12. The permittee shall not allow the short-term rental property to be used for any gathering where the number of persons will exceed the permitted daytime occupancy limits, as set forth in this Section, unless an approved City use permit for a special event has been obtained.

13. The owner or authorized agent shall be available to respond to any nuisance complaints within 30 minutes, at all times when the short-term rental is rented, twenty-four hours a day.

14. The permittee shall allow the City, upon 24-hour notice from the City, to inspect, with cause, the short-term rental for compliance with the requirements of this Chapter. Permittee shall pay an inspection fee in an amount set by the City Council by resolution for the City's master fee schedule based on the estimated reasonable cost to perform the inspection.

15. Within 10 days of permit issuance, the owner or agent shall notify all neighbors, within 100 feet of the perimeter of the property, that a Short-Term Rental Permit has been obtained. Notification will include a copy of the good neighbor brochure and the owner's name and phone number.

G. Rental Agreements. The permittee shall enter into a written rental agreement with the renter of any shortterm rental property, or shall enter into an agreement provided by a third party hosted on-line platform, which agreement shall, at a minimum, include the following:

1. The name, address, mobile phone, text, and email address of the renter.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-56

2. The terms and conditions of the rental agreement, including occupancy limits, noise prohibitions and vehicle parking requirements.

3. Acknowledgment by the renter that he or she is legally responsible for compliance by all occupants of the short-term rental and any guests with the conditions of this Section and the terms of the rental agreement.

4. Acknowledgment by the renter of receipt of a copy of the good neighbor brochure.

5. Acknowledgment and agreement that the City may inspect the short-term rental property, for cause, upon 24 hours' notice.

21.64.040. OCCUPANCY AND GUEST LIMITS FOR SHORT-TERM RENTALS The number of overnight occupants and guests for each short-term rental property shall be limited in accordance with Table 21.64.030-2 (Non-Hosted Accommodation Separation Requirement) and State law, based on the number of bedrooms identified in the Short-Term Rental Permit.

21.64.050. SHORT-TERM RENTAL HOTLINE
A. The City shall establish and maintain a non-emergency hotline telephone number for the express purpose of receiving complaints regarding the operation of any short-term rental property, and forwarding those complaints to both the owner and authorized agent, if any, for that short-term rental property for immediate resolution of the complaint, and/or, if necessary, to the Paso Robles Police Department if the complaint has not been resolved. Owner/authorized agent will be responsible for paying any and all City costs incurred in response to the complaint. The hotline number and the City complaint policy shall be included in all permits, the good neighbor brochure, and in all rental agreements for all short-term rental properties. In addition, the City shall post the hotline number on the City website.

B. The City/hotline shall maintain a record of complaints received on the hotline that shall include the following information:

1. Date and time of complaint;

2. Nature of complaint;

3. Address of the short-term rental property that is the subject of the complaint;

4. Complainant's name, address, and contact information;

5. Actions taken by the hotline attendant in response to the complaint including, but not limited to:
persons contacted, including law enforcement, if applicable, and date and time of actions taken in response to complaint; and

6. Corrective action taken by owner/authorized agent in response to complaint.

C. Hotline Response.

1. The owner or authorized agent shall resolve the complaint within 30 minutes of being notified of a complaint by the hotline.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-57

2. The owner or authorized agent shall notify the hotline attendant of the corrective action taken and results obtained within thirty minutes of being notified of a complaint by the hotline.

3. If the owner or authorized agent believes the situation is unsafe, they shall immediately contact the Police Department for assistance. Proactively contacting the Police Department for assistance will not be counted as a permit violation.

21.64.060. ENFORCEMENT
A. Revocation of Permit. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. At any time during the term of permit, the Director is authorized to initiate proceedings to revoke a permit (or pursue any other remedy set forth in Title 1 (General Provisions) of this Code), if the Director determines in his or her discretion that:

1. The permittee provided materially false or misleading information in any submittal required under this Chapter; or

2. The permittee has committed a total of 3 violations of a combination of any of the violations specified in Subsection 21.64.060.B (Cause for Revocation for Non-Renewal of a Permit) below within a 12-month period; or

3. The permittee fails to maintain an active Business License tax certificate per Chapter 3.28.

In the event the Zoning Administrator determines that any of the conditions described above exists, the Director is authorized to issue an order specifying the violations to be cured. If the permittee fails to cure the violations identified in the order within the time period specified, the Director may pursue any of the remedies set forth in Title 1 of the Paso Robles Municipal Code, including but not limited to the issuance of administrative citations, revocation of permit, criminal prosecution, and/or civil action. The City Council may, by resolution, establish escalating administrative fines for violations of this Chapter. The applicant or any interested person may appeal the decision of the Zoning Administrator to the Planning Commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).

B. Cause for Revocation or Non-Renewal of a Permit.

1. Failure to remit required fees and taxes.

2. Attempt to transfer the permit to another owner.

3. Operation for other than the specific purpose of the property as a short-term rental including, but not limited to:
a. Criminal activity, habitual public nuisance, or serial violation of the ordinance take place at, on, or with respect to the short-term rental property. b. Keeping of a disorderly place; that is, the ownership and/or management of any property purported to be a short-term rental where unlawful practices regularly occur will result in the loss of the Short-Term Rental Permit.

4. Operation of the property for other than the specific purpose of a short-term rental including but not limited to allowing or taking part in dealing of controlled substances, gambling, pandering, or prostitution, or sub-letting for such illegal use or uses.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-58

5. Keeping of a disorderly place, defined as 1 or more criminal complaints verified within a 12-month period or 2 or more complaints requiring law enforcement response, also within 12-month period.

6. The property constitutes a public nuisance pursuant to Section 9.06.030 (Nuisances) of this Code.

In addition to any other remedy allowed by law, the City may enforce the provisions of this Chapter through the provisions Chapter 9.06 (Nuisance Abatement) of this Code, including civil, criminal, and administrative abatement proceedings, administrative citations, and penalties.

7. Failing to comply with regulations specified (by written notice) all related corrective measures within a 30-day period.

8. Advertising the short-term rental and purposely not including in the advertisement display the Short-Term Rental Permit identification.

9. Failure to comply with the short-term rental occupancy and parking requirements.

10. Failure to maintain solid waste and recycling consistent with short-term rental requirements.

C. Operating Without a Permit. Operating a short-term rental without a permit is a violation of this Code and any person operating a short-term rental without a permit is guilty of a misdemeanor subject to the enforcement process and a fine of not more than $1,000. Each owner and/or authorized agent is guilty of a separate offense for each and every day during any portion of which the violation of this Chapter or any rule or regulation promulgated there under is continued.

D. Pursuant to California Government Code Section 38771, the City Council hereby declares the following condition to constitute a public nuisance: operating and/or maintaining a short-term rental without a valid permit.

E. The penalties in this Chapter are in addition to, and not in lieu of, any other available remedy at law. All remedies prescribed under this Chapter shall be cumulative and the election of 1 or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof or in the abatement of any public nuisance.

CHAPTER 21.65. URBAN DWELLING UNITS

21.65.010. PURPOSE.

The purpose of this section is to allow and appropriately regulate urban dwelling units in accordance with California Government Code Section 65852.21.

21.65.020. DEFINITION.

An "urban dwelling unit" means the definition listed in Section 21.91.220 (“U” Definitions).

21.65.030. APPLICATION.

A. Only individual property owners may apply for an urban dwelling unit. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by California Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-59
Revenue and Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

B. An application for an urban dwelling unit shall be submitted on the City's approved form and shall include information showing compliance with the applicable standards contained within this Code.

C. When determined necessary by the Zoning Administrator, the applicant shall obtain a Certificate of Compliance for the lot in conformance with the Subdivision Map Act.

D. Only a complete application will be considered. The City shall inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

E. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee shall be paid with the application.

F. Other sections of this Code are applicable to the extent they:

1. Are objective;

2. Avoid physically precluding a primary dwelling unit and urban dwelling unit least 800 square feet in floor area each; and

3. Do not conflict with Chapter 21.65 (Urban Dwelling Units).

G. In the event of a conflict, the provisions of Chapter 21.65 (Urban Dwelling Units) control.

21.65.040. APPROVAL.

A. An application for an urban dwelling unit shall be approved or denied ministerially, by the Zoning Administrator, without discretionary review. Requirements for urban dwelling units may not be modified with an applications for Site Plan Modifications (Section 21.17.020) or Development Plan Modifications (Section

21.16.020).

B. The ministerial approval of an urban dwelling unit shall not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

D. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

21.65.050. REQUIREMENTS.

An urban dwelling unit project shall satisfy each of the following requirements:

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-60
A. Map Act Compliance. The lot shall have been legally subdivided.

B. Zoning District. Urban dwelling units are allowed in the R-1 Zoning District.

C. Lot Location.

1. The lot shall not be located on a site that is any of the following described by any of the subparagraphs of California Government Code Section 65913.4(a)(6)(B)—(K), as may be amended from time to time:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection Building Code standards. f. Within a 100-year flood hazard area, unless the site either:
i. Has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program and Chapter 21.80 (Floodplain Management) of this Code. g. Within a regulatory floodway, unless all development on the site has received a no-rise certification and is in compliance with City's flood plain ordinance (Chapter 21.80). h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. i. Habitat for protected species.
j. Land under conservation easement.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-61
D. Not Historic. The parcel shall not contain a structure listed on the City's historic resources inventory, be a historic property, or be within a historic district that is included on the State historic resources inventory. Nor may the parcel be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

E. No Impact on Protected Housing. The urban dwelling unit project shall not require or include the demolition or alteration of any of the following types of housing:

1. Housing that is income-restricted for households of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code Sections 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

4. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an urban dwelling unit is sought shall provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F. Unit Standards.

1. Quantity.
a. No more than 2 dwelling units of any kind may be built on a lot that results from an Urban Lot Split (Chapter 22.34). For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, an ADU, or a JADU. b. A lot that is not created by an urban lot split may have a primary dwelling unit, urban dwelling unit, plus any ADU or JADU that is allowed under State law and Chapter 21.58 (Accessory Dwelling Units).

2. Unit Size.
a. The total floor area of an urban dwelling unit that is developed under this Chapter shall be a minimum of 800 square feet of conditioned living space. b. No application of a development standard shall physically preclude the construction of up to two 800-square foot units on the lot. When necessary, development standards shall be modified by the Zoning Administrator in the following order and only as necessary to enable the construction of two 800 square-foot units:
i. Maximum lot coverage (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);
Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-62
ii. Structure separation (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);
iii. Open space;
iv. Height;
v. Rear and side setbacks;
vi. Front setback;
vii. Oak tree preservation (Chapter 10.01).

3. Height and Setback Restrictions.
a. Existing structures. No setback is required for an existing legally established structure that is converted into an urban dwelling unit or for a new urban dwelling unit that is constructed in the same location and to the same dimensions as an existing legally established structure.
b. Urban dwelling units shall conform to the front setback for a primary dwelling unit in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]).
c. Urban dwelling units shall be limited to the side and rear setback and height combinations listed in Table 21.65.050-1 (Allowed Urban Dwelling Unit Height / Setback Combinations).

Table 21.65.050-1: Allowed Urban Dwelling Unit Side and Rear Setback / Height Combinations Minimum Side and Rear Setbacks Maximum Height
No less than 4 feet 16 feet and one story
No less than the setback requirements for a primary
residence in the applicable zoning district (see Table

21.33.030-1 [Development Standards for R-A, R-1 and R1 Combining Districts]) The maximum height allowed for a primary residence in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts])
d. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a urban dwelling unit.

4. Demolition Cap. The urban dwelling unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.

5. Open Space. All lots shall provide a usable, unobstructed natural or manufactured (graded) area 10 feet in depth for each dwelling unit. "Usable" means that the slope is not more than 5 percent.

Where a residential building is designed to be built into existing natural slopes, this requirement may be met by providing either a five-foot wide usable manufactured area no less than the full width of a dwelling unit, or a deck a minimum of 10 feet in depth and no less than the full width of a dwelling unit.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-63

6. Parking. Each new primary dwelling unit or urban dwelling unit shall have at least 1 covered, offstreet parking space per unit unless a parking space shall not be imposed by the City pursuant to California Government Code Section 66314(d)(10).

7. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the urban dwelling unit, the urban dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the urban dwelling unit, the primary dwelling unit and urban dwelling unit shall match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The urban dwelling unit and any primary dwelling unit built at the same time as the urban dwelling unit shall use at least 5 of the following architectural features on all front and any street side elevations and at least 3 of the following architectural features on all interior side and rear yard elevations, as appropriate for the building type and style:
i. Dormers;
ii. Gables;
iii. Recessed entries;
iv. Covered porch entries;
v. Cupolas or towers;
vi. Pillars or posts;
vii. Eaves (minimum six-inch projection);
viii. Off-sets in building face or roof (minimum 16 inches); ix. Window trim;
x. Bay or oriel windows;
xi. Balconies;
xii. Decorative patterns on exterior finishes (for instance, scales/shingles, wainscoting, ornamentation, and similar features); and
xiii. Decorative cornices and roof lines.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-64
d. All exterior lighting shall be limited to down-lights that are shielded so that the light source is not visible from off-site. Shielding shall be at least 2 inches in dimension. e. No window or glass door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential window within 10 feet. Fencing, landscaping, or privacy glass (such as frosted glass) may be used to provide screening and prevent a direct line of sight.

8. Nonconforming Conditions. An urban dwelling unit may only be approved if all nonconforming zoning conditions are corrected.

9. Frontage Improvements. Frontage improvements for an urban dwelling unit shall be required to the extent applicable and consistent with State law and in conformance with Section 11.12.030 (Required Frontage Improvements—Curb, Gutter, Sidewalk, Curb Ramps, Driveway Aprons, Street and Alley Paving). Frontage improvements shall be constructed, prior to final occupancy of the first dwelling unit (primary or urban dwelling unit) constructed after application for an urban dwelling unit.

10. Utilities.
a. Each primary dwelling unit and urban dwelling unit on the lot shall have its own direct utility connection to each utility service provider.
b. Urban dwelling units shall be served by the City sewer system when reasonably available as specified in Section 14.08.270 (Permit for Septic System). For urban dwelling units where the sewer is not available, a private wastewater system shall meet the requirements of Article III (Private Wastewater Systems) of Chapter 14.08 (Sewerage System Operations) and the Onsite Wastewater Treatment System (OWTS) Policy of the California Regional Water Quality Control Board. A percolation test shall be completed within the last 5 years or, if the percolation test has been recertified by a licensed civil engineer, within the last 10 years.
c. Urban dwelling units shall be served by City water.
d. Building and Safety. All structures built on the lot shall comply with all current local building standards. A project under this Chapter is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.

11. Slope. Urban dwelling units are subject to the objective standards for Hillside Development (Chapter 21.81).

G. Fire-Hazard Mitigation Measures.

1. All dwellings on the site must comply with current Building and Fire Code requirements for dwellings in a very high fire hazard severity zone.

2. Prior to submitting an application for an urban lot split, the applicant must obtain a Certificate of Compliance with all applicable fire-hazard mitigation measures in accordance with this subpart.

The City or its authorized agent must inspect the site, including all structures on the site, and certify Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-65
as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

H. Separate Conveyance.

1. The dwelling units on the lot may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted within the lot.

3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

I. Regulation of Uses.

1. Residential-only. No non-residential use is permitted on the lot.

2. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

3. Owner Occupancy. Unless the lot was formed by an urban lot split (Chapter 22.34), the individual property owners of a lot with an urban dwelling unit shall occupy 1 of the dwellings on the lot as the owners' principal residence and legal domicile.

J. Notice of Construction.

1. At least 30 business days before starting any construction of an urban dwelling unit, the property owner shall give written notice to all the tenants and owners of record of each of the adjacent residential parcels, which notice shall include the following information:
a. Notice that construction has been authorized,
b. The anticipated start and end dates for construction, c. The allowed hours of construction,
d. Contact information for the project manager (for construction-related complaints), e. Contact information for the property owner, and
f. Contact information for the Community Development Department.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this Chapter. This notice requirement is purely to promote neighborhood awareness and expectation.

K. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

2. Expressly prohibits any non-residential use of the lot.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-66

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. If the lot is not created by an Urban Lot Split (Chapter 22.34): expressly requires the individual property owners to live in 1 of the dwelling units on the lot as the owners' primary residence and legal domicile.

5. States that:
a. If the lot is formed by an Urban Lot Split it is subject to the City's Urban Lot Split (Chapter

22.34) regulations, including all applicable limits on dwelling size and development standards.
b. Development on the lot is limited to development of a primary dwelling unit (Sections

21.33.030 [Development Standards in Single-Family Residential Zoning Districts and

21.33.040 [Additional Development Standards in Single-Family Residential Zoning Districts), Urban Dwelling Unit (Chapter 21.65), and Accessory Dwelling Units (Chapter

21.58) except as otherwise provided or required by State law.

21.65.060. SPECIFIC ADVERSE IMPACTS.

A. Notwithstanding anything else in this Section, the City may deny an application for an urban dwelling unit if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B. "Specific adverse impact" has the same meaning as in California Government Code Section 65589.5(d)(2):
"a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:

1. Inconsistency with the Zoning Code or general plan land use designation; or

2. The eligibility to claim a welfare exemption under California Revenue and Taxation Code Section 214(g).

C. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

21.65.070. REMEDIES.

If an urban dwelling unit violates any part of this Code or any other legal requirement:

A. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

B. The City may:

1. Bring an action to enjoin any attempt to sell, lease, or finance the property.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-67

2. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

3. Pursue criminal prosecution, punishable by imprisonment in County jail or State prison for up to 1 year, by a fine of up to $10,000, or both; or a misdemeanor.

4. Record a notice of violation.

5. Withhold any or all future permits and approvals.

6. Pursue all other administrative, legal, or equitable remedies that are allowed by law or this Code.

CHAPTER 21.66. WIRELESS COMMUNICATIONS FACILITIES

21.66.010. PURPOSE AND APPLICABILITY
A. Intent and Purpose. The purpose of this Chapter is to regulate the installation, operation and maintenance of wireless communications facilities in the City while providing placement, design, and screening criteria to protect the public health, safety, general welfare, and quality of life in the City consistent with applicable Federal and State requirements. Additionally, the standards in this Chapter make wireless communications reasonably available while preserving the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communications facilities with their surroundings.

B. Applicability and Exemptions. The requirements of this Section apply to all wireless communications facilities , except as exempted. The following are exempt from the provisions of this Chapter:

1. Amateur Radio Antenna. Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the Federal Communications Commission that does not exceed a height of 15 feet above the maximum allowable building height of the zoning district in which it is located. For the purpose of this Section, amateur radio means the licensed non-commercial, nonprofessional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

2. Government Antenna. Any antenna, dish, or similar equipment owned and/or operated by any government entity.

3. Radio or Television Antenna. Any ground- or building-mounted antenna that receives radio or television signals for use only by owners or occupants of the property or development on which the antenna is located that does not exceed a height of 10 feet above the maximum allowable building height for the zoning district in which the antenna is located.

4. Satellite Dish Antenna. Ground- or building-mounted dish antenna that is 1 meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-tohome satellite service, or to receive or transmit fixed wireless signals as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.

5. Temporary Facility. Placement of a temporary wireless communications facility for a period of not more than 30 days following Federal, State or City declaration of an emergency or disaster or as part of a City permitted or sponsored special event.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-68

6. Wi-Fi Routers. Any wireless facilities located within a structure and intended to provide wireless service only within the same structure, including Wi-Fi hotspots and access points.

21.66.020. DEFINITIONS
For the purposes of this Chapter, the following terms and phrases have the meaning ascribed to them in this Chapter.

A. "Co-location" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section

1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of a new wireless communications facility on an eligible support structure that is existing at the time a complete application for the new wireless communications facility is received by the City pursuant to Section

21.66.030 (Permit Requirements). As an illustration and not a limitation, the Federal Communications Commission’s definition effectively means “to add” and does not necessarily refer to more than one wireless communications facility installed at a single site.

B. “Existing wireless communications facility” means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed wireless communications facility that has been reviewed and approved under the applicable zoning and permitting process or is legal nonconforming pursuant to Section 21.74.020 (Establishment of Legal Nonconforming Status).

C. “Freestanding wireless communications facility” means a freestanding antenna support structure erected to support wireless communication facilities, associated equipment cabinets, and connecting appurtenances.

This includes guyed towers, self-supporting lattice towers, monopoles, camouflage structures, replacement utility poles, and other self-supporting poles and towers accommodating wireless communication antennas.

D. “Modification, Major” and “Modification, Minor” mean an alteration proposed or made to an existing wireless communication facility and shall not have the same meaning as a Site Plan Modification (Section 21.17.020) or Development Plan Modification (Section 21.16.020).

E. "Public right-of-way" means a public alley or street.

F. "Wireless communications facility" means a facility that transmits and/or receives electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles, distributed antenna systems, wireless utility monitoring and control services, support or accessory structures and related equipment.

Amateur radio operators are not included in this definition.

21.66.030. PERMIT REQUIREMENTS
A. Permitting Process.

1. New Wireless Communications Facilities.
a. New Wireless Communications Facilities Outside the Public Right-of-Way. A Conditional Use Permit is required for wireless communications facilities outside of the public right-of-way. See Table 21.32-1 (Zoning District Use Regulations) for zoning districts where wireless communications facilities are permitted subject to approval of a Conditional Use Permit pursuant to Chapter 21.19 (Conditional Use Permit and Administrative Use Permits).

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-69
b. New Wireless Communications Facilities in the Public Right-of-Way. i. An Administrative Use Permit is required for wireless communications facilities in the public right-of-way pursuant to Chapter 21.19 (Conditional Use Permit and Administrative Use Permits). Administrative Use Permit applications shall be reviewed, approved, conditionally approved, or denied by the Zoning Administrator in consultation with the City Engineer.
ii. Wireless communications facilities in the public right-of-way are subject to the standards in Section 21.66.040 (Development and Design Standards), Section

21.66.050 (Operation and Maintenance), and Section 21.66.060 (City Changes to the Public Right-of-Way). The applicant shall provide scaled drawings signed by a licensed professional demonstrating that any encroachments in the public right-of-way will not affect handicapped accessibility or traffic safety. Applicants shall also obtain all applicable encroachment and building approvals and permits.

2. Alterations to Existing Wireless Communications Facilities. a. Major Alterations. Major alterations to an existing wireless communications facility shall be subject to the applicable permitting process required for a new wireless communications facility in Paragraph 21.66.030.A.1 (New Wireless Communications Facilities). Major alterations are those that meet one or more of the following criteria:
i. The alteration would:
(a) Not comply with conditions of approval in the Conditional Use Permit or Administrative Use Permit, provided however that this limitation does not apply to any alteration that is non-compliant only in a manner that would not exceed the thresholds identified in any of the criteria of Subsection 21.66.030.C (Application Factors Considered – Findings of Approval).
(b) Entail any excavation or deployment outside the existing site; or (c) Defeat the concealment elements of the eligible support structure. ii. For wireless communications facilities outside the public right-of-way, the alteration would:
(a) Increase the height of the tower by more than 10 percent or by the height of 1 additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;
(b) Involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-70
more than the width of the tower structure at the level of the appurtenance, whichever is greater; or
(c) Involve installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed 4 cabinets that are outside of or visible from outside of any existing equipment screening enclosure.
iii. For wireless communications facilities in the public right-of-way the alteration would:
(a) Increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(b) Involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet; or
(c) Involve installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure.
b. Minor Alteration. The following are considered minor alterations to an existing wireless communications facility and shall be subject to approval of a building permit only. i. Decrease or do not increase capacity, including alterations such as replacing the existing antenna with a smaller antenna, installing quieter equipment, or decreasing the number of antennas.
ii. Where a proposed wireless communications facility will be placed on a previously approved wireless communications facility and is consistent with requirements of the applicable Conditional Use Permit, Administrative Use Permit, or other installation permit.
iii. Any co-location that meets the requirements of California Government Code Section 65850.6.
iv. Alteration of an existing wireless tower or base station that does not substantially change the dimension of such tower or base station within the meaning of Public Law 112-96, Section 6409(a) and any Federal Communications Commission regulations or orders interpreting this Section, including Wireless Infrastructure Order FCC 14-153 (2014). An application for a alteration pursuant to this Subparagraph shall expressly request treatment under this Subparagraph and Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-71
shall identify, with supporting documentation, how the alteration qualifies under this Subparagraph.

B. Application Submittal Requirements.

1. In addition to the submittal requirements for any applicable Conditional Use Permit or an Administrative Use Permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the following information shall be provided in a manner deemed appropriate by the Zoning Administrator:
a. Documentation of compliance with Federal Communications Commission regulations pertaining to radio frequency emissions, including cumulative emissions from any existing wireless communications facilities on the site and the proposed wireless communications facility;
b. An accurate representation of the appearance and visual impact of the wireless communications facility;
c. Pursuant to Paragraph 21.66.030.C.2, evidence of a significant gap in service (if applicable); and
d. Documentation demonstrating compliance of the wireless communications facility with the application factors listed in Subsection 21.66.030.C (Application Factors Considered – Findings for Approval);

2. The applicant shall be financially responsible any third-party review of the application submittal items if deemed necessary by the Zoning Administrator.

C. Application Factors Considered - Findings for Approval.

1. In addition to the required findings for any applicable Conditional Use Permit or an Administrative Use Permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the review authority shall make the following findings before granting approval for a wireless communications facility:
a. The wireless communications facility complies with the design and development standards in this Chapter and with the applicable zoning standards where the wireless communications facility is proposed to be located;
b. The wireless communications facility complies with height and setback standards; c. When exceptions to the design and development standards in this Chapter are requested, the applicant has demonstrated the exception is justified due to a significant gap in service that cannot be remedied with a compliant wireless communications facility; d. The wireless communications facility is sufficiently distant from residential uses to protect public health, prevent nuisance, and to be consistent with the character of the neighborhood;
Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-72
e. The wireless communications facility is compatible with the nature of uses on adjacent and nearby properties;
f. The surrounding topography and landscaping will assist in the screening of the wireless communications facility and will not contribute to its visibility off site; g. The stealth design and screening are of high quality and are compatible with the surrounding neighborhood, offsite views, other nearby structures; h. The wireless communication facility will not have a significantly negative impact on public views and the visual quality of the surrounding areas;
i. There are no facilities or buildings reasonably available for collocation; j. The wireless communications facility will not have a significantly negative impact to the future use and aesthetics of the public right-of-way and streetscape character; and k. The wireless communications facility will not have a significantly negative impact to historic structures, historic districts, parks, and the Downtown historic core.

2. In the event that the review authority cannot make findings that the proposed application meets all development standards set forth in this Chapter, the review authority may still approve the application if the following can be documented:
a. The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage. b. The applicant has demonstrated by clear and convincing evidence that no feasible alternative site exists that would close a significant gap in the operator's service coverage and that the alternative site under consideration would not result in any adverse impacts to public health, safety, and general welfare.

21.66.040. DEVELOPMENT AND DESIGN STANDARDS
A. Compliance. All new wireless communications facilities and significant alterations to an existing wireless communications facility shall comply with the applicable development and design standards in this Section except when there is a significant gap in service.

B. Standards for All Wireless Communications Facilities.

1. Wireless communications facilities shall be integrated into existing or proposed facilities that are functional for other purposes. The review authority shall have the authority to determine, based on evidence presented, that such integration is neither practical nor feasible based on the size of the proposed wireless communications facility, the area of coverage to be achieved by the wireless communications facility, or other factors supported by evidence.

2. Wireless communications facilities shall incorporate stealth design to minimize aesthetic impacts on surrounding land uses. Stealth design means that the wireless communications facility is designed to closely blend into the surrounding environment or building and to be minimally visible.

Stealth designed antennas and related equipment are either not readily visible beyond the property Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-73
on which it is located, or, if visible, appear to be part of the existing building, landscape, or environment rather than the wireless communications facility.

3. Wireless communications facilities and any methods to screen wireless communications facilities that are located on the sides or roof of a building shall be match the color of the building and be compatible with the architecture of the building.

4. Accessory equipment shall be co-located within an existing equipment enclosure or undergrounded to the extent technologically feasible. If co-location or undergrounding are not feasible, the equipment shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping, and similar treatments.

5. Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless communications facility and future co-location of additional wireless communications facilities.

6. No wireless communications facility or any portion thereof shall be located within a required setback area unless such location is indicated on the application and requested as part of the application and is approved by the review authority based on information presented to the review authority.

7. Wireless communications facilities shall adhere to the height limitations for a structure in the zoning district in which they are located.

8. Wireless communications facilities shall comply with the City's noise ordinance. The City may request that an applicant provide an acoustical analysis to prove compliance. Wireless communications facilities operating in excess of the maximum sound levels permitted by the noise ordinance shall be enclosed to achieve compliance with the noise ordinance. Backup generators or similar equipment that operates only during power outages or other emergencies are exempt from this requirement. Testing of such backup generators or similar equipment may only occur during standard daytime hours.

9. No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions and/or electromagnetic radiation in excess of Federal Communications Commission standards and any other applicable regulations.

All wireless communications facilities shall comply with all standards and regulations of the Federal Communications Commission, and any other agency of the State or Federal government agency with the authority to regulate wireless communications facilities.

C. Standards for Freestanding Wireless Communications Facilities. In addition to the standards in Subsection 21.66.040.B (Standards for All Wireless Communications Facilities), the following are required for freestanding wireless communications facilities:

1. An applicant for a freestanding wireless communications facility shall demonstrate as part of the application that a proposed wireless communications facility cannot be placed on an existing building, utility pole, streetlight, or co-located.

2. Freestanding wireless communications facilities shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening to minimize aesthetic impacts on surrounding land uses.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-74

3. Freestanding wireless communications facilities shall be designed to allow for co-location of additional antennas.

4. Freestanding wireless communications facilities shall not utilize guy wires or other diagonal or horizontal support structures.

5. Exterior lighting of freestanding wireless communications facilities is prohibited unless required by the Federal Aviation Administration (FAA) or other government agency.

D. Standards for Wireless Communications Facilities in the Public Right-of-Way. In addition to the standards in Subsection 21.66.040.B (Standards for All Wireless Communications Facilities), the following are required for wireless communications facilities in the public right-of-way:

1. No Administrative Use Permit shall be issued unless the applicant is authorized to place wireless communications facilities within the public right-of-way by franchise, certificate of convenience and necessity, City license, or otherwise. Any City license may be granted in the City's sole discretion as property owner, and not as land use regulator.

2. Wireless communications facilities shall have subdued colors and non-reflective materials that blend in with the surrounding area to the satisfaction of the Zoning Administrator.

3. The height of any new wireless communications facility pole or structure shall not exceed 10 vertical feet more than the maximum height allowed in the nearest adjacent zoning district.

4. In residential areas, wireless communications facilities shall not be located within 300 feet of another wireless telecommunications facility; this does not include co-location of sites.

5. All wireless communications facilities and equipment shall be built in compliance with the Americans with Disabilities Act (ADA) and traffic safety standards, including but not limited to surface access in and around facilities.

6. Utility and Light Poles.
a. Antennas in the public right-of-way shall be co-located or installed on existing utility or light poles, except when impractical or technologically infeasible. No new poles may be installed except as replacements for existing poles, or when the applicant provides evidence as part of the application showing why and how complying with the foregoing standard would be impractical or technologically infeasible. b. If a City streetlight or other City-owned structure is used, compensation shall be paid to the City as the owner in compliance with applicable agreements and/or fee schedules. c. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95.
d. The maximum height of any antenna or antenna radome shall not exceed 6 feet above the height of an existing light pole.
e. Revocation for Non-Use. Wireless communications facility permits shall be revoked if not used within 180 days from the date of approval. The 180-day period may be extended for additional time upon written request to and written approval of the Zoning Administrator.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-75

7. Equipment Location.
a. Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-ofway, or create safety hazards to pedestrians and/or motorists as determined by the City Engineer.
b. Ground-mounted equipment shall be undergrounded to the extent technologically feasible. Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, either within the equipment contained in the pole or through the use of landscaping, walls, or other decorative features, to the satisfaction of the Zoning Administrator.
c. Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Zoning Administrator or his/her designee. d. The wireless communications facility shall not interfere with the use of the public right-ofway and existing subterranean infrastructure and shall not interfere with the City’s plans for alteration of such location and infrastructure.

21.66.050. OPERATION AND MAINTENANCE
All wireless communications facilities shall comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within 48 hours after discovery or notification of the need.

A. Each permittee of a wireless communications facility shall provide the City with the name, address and 24- hour local or toll-free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility (“contact information”). Contact information shall be updated within 7 days of any change.

B. All wireless communications facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1. General dirt and grease;

2. Chipped, faded, peeling, and cracked paint;

3. Rust and corrosion;

4. Cracks, dents, and discoloration;

5. Missing, discolored or damaged artificial foliage or other camouflage;

6. Graffiti, bills, stickers, advertisements, litter, and debris;

7. Broken and misshapen structural parts; and

8. Any damage from any cause.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-76
C. Graffiti shall be removed from a wireless communications facility as soon as practicable, and in no instance more than 24 hours from the time of notification by the City.

D. All trees, foliage or other landscaping elements approved as part of the wireless communications facility shall be maintained in good condition at all times, and the permittee, owner, and operator of the wireless communications facility shall be responsible for replacing any damaged, dead, or decayed landscaping.

E. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

F. Each facility shall be operated and maintained to comply at all times with the noise standards of this Code and any wireless communications facility conditions of approval, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents.

G. Each owner or operator of a wireless communications facility shall routinely inspect each site to ensure compliance with the standards set forth in this Chapter and any conditions of approval.

21.66.060. CITY CHANGES TO THE PUBLIC RIGHT OF WAY
A. The permittee shall modify, remove, or relocate its wireless communications facility, or portion thereof, without cost or expense to the City, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency. Said alteration, removal, or relocation of a wireless communications facility shall be completed within a reasonable relocation time frame as determined by the Zoning Administrator. In the event a wireless communications facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the City may modify, remove, or relocate wireless communications facilities without prior notice to applicant provided applicant is notified within a reasonable time period thereafter.

21.66.070. SATELLITE DISH ANTENNAE
Satellite dish antennae with diameters of 24 inches or less shall not be installed within a required front yard or within 5 feet of any side or rear property line. Satellite dish antennae with diameters greater than 24 inches shall comply with the following regulations:

A. They shall only be mounted on the ground and shall not be mounted on the roof of any building or structure; B. They shall not be located in any required front yard or within 5 feet of a side or rear property line; C. They shall not exceed 15 feet in height, including any platform or structure upon which they are mounted; D. They shall not extend beyond the property lines of the lot on which they are placed; E. They shall not be unnecessarily bright, shiny, or reflective; and F. The visual impact from adjacent properties and streets shall be minimized via screening by fences, landscaping, buildings, or topography.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-77

21.66.080. ABANDONMENT OR DISCONTINUATION OF USE
A. Within 30 days of discontinuation of use, the wireless communications facility operator shall notify the Zoning Administrator in writing that use of the wireless communications facility has been discontinued. A wireless communications facility shall be completely removed, and the site returned to its pre-wirelesscommunications-facility condition within 180 days of discontinuation of use.

B. Non-operation, disuse (including, but not limited to, cessation of wireless services) or disrepair for 180 days or more shall constitute abandonment under this Chapter or any predecessors to this Chapter.

C. A wireless communications facility that is not removed with 180 days of abandonment or discontinued use will be considered a nuisance and, in addition to any other available remedy, will be subject to abatement under Chapter 9.06 (Nuisance Abatement).

D. The City may require a performance bond or other sufficient security in an amount rationally related to the cost of removing the wireless communications facility and all related facilities and equipment on the site, as determined by the Zoning Administrator. However, the City may not require the owner or operator to post a cash deposit or establish a cash escrow account as security under this Paragraph. In setting the amount of the bond or security, the Zoning Administrator shall take into consideration the estimate of removal costs.

21.66.090. REVOCATION FOR VIOLATION.

Any permit granted in accordance with the terms of this Chapter for a wireless communications facility may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.

21.66.100. REMOVAL AND RESTORATION
A. Upon termination or revocation of the permit or abandonment of the wireless communications facility, the permittee, owner, or operator shall remove its wireless communications facility and restore the site to its natural condition, except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property at no cost or expense to the City. If the wireless communications facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after termination or revocation of the permit or abandonment of the facility, shall be a violation of this Code, and be grounds for:

1. Prosecution

2. Calling of any bond or other assurance required by this Chapter or conditions of approval of permit.

3. Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner’s expense; and/or

4. Any other remedies permitted under this Code.

Exhibit A

Article 5 Special Regulations
Paso Robles Zoning Code 5-78
C. Summary Removal. In the event the City Engineer determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition obstruction of the public right-of-way, or an imminent threat to public safety, or determines other circumstances require immediate corrective action, the City Engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within 5 business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within 60 days, the facility shall be treated as abandoned property.

D. Removal of Facilities by the City. In the event the City removes a wireless communications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the City.

21.66.110. USE OF OUTSIDE CONSULTANTS
From time to time, the City may need the services of a qualified outside consultant to serve as third-party reviewer or supplement staff to review and make appropriate recommendations including, but not limited to, compliance with radio frequency emissions standards and/or identification of alternative solutions where there is a possibility that a proposed facility could result in a significant impact to the surrounding area. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees associated with the project and shall be contracted for and administered by the City.

21.66.120. STATE OR FEDERAL PREEMPTION.

Notwithstanding any other provision of this Chapter to the contrary, if any provision(s) of this Chapter would give rise to a claim by an applicant that a proposed action by the City would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC 332(c)(7), or otherwise are preempted or prohibited by state or federal law, evidence of such effect may be grounds for a Variance from the requirements of this Chapter or an appeal of any decision denying an application for a wireless communications facility.

CHAPTER 21.67. RESERVED
CHAPTER 21.68. RESERVED
Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-i
Article 6: Standards for Specific Land Uses and Activities 6 x
Chapter 21.69. Standards for Specific Land Uses and Activities ................................................................... 6-1

21.69.010. Purpose and Applicability ................................................................................................................. 6-1

21.69.020. Accessory Dwelling Units ................................................................................................................. 6-1

21.69.030. Adult Business Uses ........................................................................................................................ 6-1

21.69.040. Animal Keeping, Accessory to Residential Use ............................................................................... 6-1

21.69.050. Animal Keeping, Commercial ........................................................................................................... 6-3

21.69.060. Bed and Breakfast Inns.................................................................................................................... 6-5

21.69.070. Cannabis .......................................................................................................................................... 6-6

21.69.080. Electricity Generation and Storage Facilities ................................................................................... 6-6

21.69.090. Emergency Shelters - General ......................................................................................................... 6-6

21.69.100. Emergency Shelters - Low Barrier Navigation Centers .................................................................... 6-8

21.69.110. Equestrian Facilities ......................................................................................................................... 6-8

21.69.120. Food Trucks and Food Truck Courts ............................................................................................... 6-9

21.69.130. Manufactured Homes..................................................................................................................... 6-11

21.69.140. Mobile Home Parks........................................................................................................................ 6-11

21.69.150. Self Storage Facilities .................................................................................................................... 6-12

21.69.160. Personal Services - Restricted ....................................................................................................... 6-13

21.69.170. Outdoor Sales, Displays, and Storage ........................................................................................... 6-14

21.69.180. Recreational Vehicle Parks ............................................................................................................ 6-16

21.69.190. Religious Assembly Facility ........................................................................................................... 6-16

21.69.200. Residential Care Facilities ............................................................................................................. 6-16

21.69.210. Retail – Restricted.......................................................................................................................... 6-17

21.69.220. Right to Farm ................................................................................................................................. 6-18

21.69.230. Short-Term Rentals........................................................................................................................ 6-20

21.69.240. Tattoo and Body Art Establishments .............................................................................................. 6-20

21.69.250. Vehicle Fuel Sales and Accessory Service .................................................................................... 6-21 Chapter 21.70. Reserved .................................................................................................................................. 6-22 Chapter 21.71. Reserved .................................................................................................................................. 6-22 Chapter 21.72. Reserved .................................................................................................................................. 6-22 Chapter 21.73. Reserved .................................................................................................................................. 6-22 Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-1
CHAPTER 21.69. STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES

21.69.010. PURPOSE AND APPLICABILITY
The purpose of this Chapter is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed within individual or multiple zones, as set forth in Chapter 21.32 (Land Use Regulations in Zoning Districts), and for activities that require special standards to reduce their potential adverse impacts.

21.69.020. ACCESSORY DWELLING UNITS
The provisions of Chapter 21.58 (Accessory Dwelling Units) of Title 21 (Zoning Code) shall apply.

21.69.030. ADULT BUSINESS USES
The provisions of Chapter 21.59 (Adult Business Uses) of Title 21 (Zoning Code) shall apply.

21.69.040. ANIMAL KEEPING, ACCESSORY TO RESIDENTIAL USE Animal keeping is allowed as an accessory use to a primary residential use. Animals shall be kept in compliance with Title 8 (Animal Control) of the Municipal Code, and the following standards:

A. Bee Keeping in Single-Family Residential Zoning Districts.

1. Beekeeping shall be in compliance with the California Food and Agricultural Code and California Health and Safety Code.

2. Beekeeper. The person who is the owner of or in possession of an apiary shall be registered as a beekeeper with the County of San Luis Obispo Department of Agriculture/Weights and Measures.

3. Minimum Lot Area. The minimum lot area upon which bees may be kept is 7,000 square feet.

4. Quantity of Hives. The number of hives shall be limited to 1 for every 7,000 square feet of lot area and no more than 6 hives.

5. Location of Hives. Hives shall be located at least 25 feet from residences on adjacent lots and outside the front yard of a lot.

6. Setbacks. Hives shall be located a minimum of 5 feet from the side and rear lot lines and a minimum of 20 feet from public rights-of-way or private streets.

7. Orientation. Hive entrances shall face away from lot lines.

8. Barrier. A 6-foot wall, fence, or hedge shall be located between hives and adjacent lots, or hives shall be placed at a minimum of 8 feet above ground level of the adjacent lot. The purpose of this provision is to provide a solid barrier to help direct bees over 6 feet above ground level when departing the lot to minimize interactions between bees and individuals in the vicinity.

9. Water Source. A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs, and other water sources on adjacent public or surrounding property.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-2
B. Horses in Residential Districts. The maintenance of horses (including horses, mules, burros, and ponies) for private use in residential zoning districts shall be permitted subject to the following procedures, regulations and requirements, the general requirements of this Chapter, and only after first obtaining approval by the Zoning Administrator.

1. Minimum Lot Area. The minimum lot area upon which a horse may be kept shall be 1 acre without the need for a Conditional Use Permit. To keep a horse on a lot less than 1 acre (but no smaller than 20,000 square feet) a Conditional Use Permit must first be obtained.

2. Maximum Animal or Acreage Ratio. A maximum of 2 adult horses and their immature offspring may be kept on a 1-acre parcel. One additional adult animal and their immature offspring may be kept for each additional ½ acre (Note: immature offspring shall be defined as a colt or a foal which has not yet been weaned—typically up to 1 year of age).

3. Density Cap. No more than 4 horses may be kept on any given parcel unless a Conditional Use Permit is first obtained.

4. Structures and Setbacks. Stables, corrals, and similar buildings for the keeping of such animals are allowed, provided that none shall be located nearer than 100 feet from the front property line or 50 feet from any existing dwelling on an adjacent lot.

5. Drainage. Every parcel of land upon which such animals are maintained shall be well drained. The surface of corrals or enclosures shall be graded to prevent the accumulation of storm or nuisance water. In no case shall surface runoff with manure or associated debris be diverted onto or across surrounding properties.

6. Maintenance. It is unlawful to keep such animals or the premises in an offensive, obnoxious, or unsanitary condition. It is the intention that no nuisance, private or public, be maintained.

7. Nonpermitted Activities. The operation of commercial animal-related activities shall be prohibited within residential zoning districts. Such prohibited activities shall include, but may not be limited to:
boarding of a horse(s) other than those owned by the resident of the property, public riding stables, rental of animals, breeding services, and arenas.

8. Visiting Horses. Transient visits by horses to a property (such as for joint riding ventures or loading and unloading in trailers) shall not exceed 12 hours in a period of 30 days.

9. Conformity Required. No horse shall be kept within the City for any periods of time unless the requirements of this Section are met. Noncompliance with these regulations shall be deemed a public nuisance and shall be handled within the authority and scope of this Chapter and Chapter

1.02 (Penalties). Consistent with provisions for dealing with public nuisance abatement, the cost for the abatement of such nuisance shall be the responsibility of the property owner.

10. When a Conditional Use Permit is Required. When a Conditional Use Permit is required by this Section, the standards applied to such Conditional Use Permit shall be, at a minimum, subject to the same standards noted within this Section, but may also include additional standards and/or controls in order to maintain neighborhood compatibility. Such controls may include, but may not be limited to, increased setbacks of structures from dwellings, improved structural integrity of fencing, and specialized schedules or techniques for site maintenance and/or development.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-3
C. Other Animals in Residential Districts. The maintenance of large animals other than horses (including cows, sheep, goats, llama, and ostrich, but specifically excluding swine, which are prohibited except where Commercial Animal Keeping is allowed) may be allowed only after first obtaining a Conditional Use Permit (Chapter 21.19). The keeping of such animals shall, at a minimum, be subject to the same standards as applicable to horse keeping, but additional standards and/or controls may be applied through the Conditional Use Permit process in order to maintain neighborhood compatibility. Such additional standards may include, but may not be limited to, increased setbacks of structures from dwellings, improved structural integrity of fencing, and specialized schedules or techniques for site maintenance and/or development.

Animals shall satisfy all applicable requirements of the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Wildlife, and the California Department of Food and Agriculture.

21.69.050. ANIMAL KEEPING, COMMERCIAL
A. Purpose. The purpose of this Section is to provide reasonable standards for the commercial keeping and raising of animals to avoid and minimize adverse impacts on adjacent properties (including, but not limited to, the propagation of flies and other disease vectors, dust, noise, offensive odors, soil erosion, and sedimentation) and to preserve the City’s quality and character, where Commercial Animal Keeping as defined in Chapter 21.91 (Land Use Definitions) is allowed by Chapter 21.32 (Land Use Regulations in Zoning Districts). See also Section 21.69.110 (Equestrian Facilities).

B. Maintenance and Operational Standards. In addition to the general performance standards for all uses in Chapter 21.85 (Performance Standards - General) of this Title, the following shall apply to Commercial Animal Keeping:

1. Odor and Vector Control. All animal enclosures, including but not limited to pens, coops, cages, and feed areas shall be maintained free from litter, garbage, and the accumulation of manure so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Sites shall be maintained in a neat and sanitary manner and shall not create a nuisance.

2. Erosion and Sedimentation Control. In no case shall an animal-keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement as set forth in Title 9 (Public Safety), Chapter 9.06 (Nuisance Abatement) of the Paso Robles Municipal Code.

C. Standards for Low-Density Commercial Animal Keeping. Commercial Animal Keeping is a permitted use as allowed by Chapter 21.32 (Land Use Regulations in Zoning Districts) when it occurs at the minimum lot size, minimum setbacks, and maximum density listed in Table 21.69.050-1 (Low-Density Commercial Animal Keeping Standards).

Table 21.69.050-1: Low-Density Commercial Animal Keeping Standards Type of Animal Minimum
Lot Size
Minimum
Setbacks1
Maximum
Density2
Bees 0.5 acre 50 feet 12 hives
Birds (domestic or exotic other than poultry)3 0.5 acre 50 feet 20 birds Poultry 0.5 acre 50 feet 20 poultry
Rabbits 0.5 acre 50 feet 20 rabbits
Sheep and Goats (and other animals of
similar size at maturity)
1 acre 100 feet 6 animals/acre
Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-4
Table 21.69.050-1: Low-Density Commercial Animal Keeping Standards Type of Animal Minimum
Lot Size
Minimum
Setbacks1
Maximum
Density2
Horses (excluding equestrian facilities,
which are defined separately)
1 acre 100 feet 4 horses/acre up to
30 animals
Cattle 1 acre 100 feet 3 cattle/acre
Pigs 1 acre 100 feet 4 pigs (one of which
may be a male)
Worm Farm - 50 feet -
Notes:
1 As measured from all animal enclosures and pasture areas to existing residential uses (e.g. dwellings, swimming pools, patios, or other living areas) on adjoining lots. 2 Density limitations shall not apply to unweaned offspring. 3 Applicants should be advised that the keeping of imported birds may also require approval by the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or California Department of Food and Agriculture.

D. High-Density Commercial Animal Keeping.

1. Standards for High-Density Commercial Animal Keeping. Commercial Animal Keeping that does not meet the lot size, setback, or maximum density standards of Table 21.69.050-1 (LowDensity Commercial Animal Keeping Standards) is allowed where listed in Chapter 21.32 (Land Use Regulations in Zoning Districts), but is subject to approval of a use permit (see Chapter 21.19 [Conditional Use Permits and Administrative Use Permits]), additional standards specified in Table

21.69.050-2 (High-Density Commercial Animal Keeping Standards), and as required by the review authority.

Table 21.69.050-2: High-Density Commercial Animal Keeping Standards Type of Animal1 Approval Required Additional Standards
Bees Administrative Use Permit
Birds (domestic or
exotic birds other than
poultry)
Administrative Use Permit
Poultry (21-99 animals) Administrative Use Permit
Poultry (100 or more
animals)
Conditional Use Permit 1. Minimum site size: 5 acres

2. Additional notice is required as described
in Paragraph 21.69.050.D.2 (Additional
Notice).

Rabbits Administrative Use Permit
Sheep and Goats (and
other animals of similar
size at maturity)
Conditional Use Permit Additional notice is required as described in Paragraph 21.69.050.D.2 (Additional
Notice).

Horses (excluding
equestrian facilities,
which are defined
separately)
Conditional Use Permit
Minimum site size: 8 acres
Additional notice is required as described
in Paragraph 21.69.050.D.2 (Additional
Notice).

Cattle (domestic cattle
and similar animals)
Conditional Use Permit 1. Minimum site size: 20 acres;
Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-5
Table 21.69.050-2: High-Density Commercial Animal Keeping Standards Type of Animal1 Approval Required Additional Standards

2. All cattle enclosures shall be no closer
than 400 feet from any dwelling unit other
than those on the site and no closer than
1 mile from any residential district;

3. Additional notice is required as described
in Paragraph 21.69.050.D.2 (Additional
Notice).

Pigs Conditional Use Permit 1. Minimum site size: 20 acres;

2. All pig enclosures shall be no closer than
1,000 feet from any school or dwelling,
and no closer than 1 mile from any
residential district;

3.Additional notice is required as described
in Paragraph 21.69.050.D.2.

Notes
1 Where the subject animals have satisfied all applicable requirements of the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game and the California Department of Food and Agriculture, the Zoning Administrator may determine after consultation with appropriate zoological experts that a particular noncarnivorous, nonpoisonous animal is substantially similar in its physical characteristics and/or potential effects on a site and persons in the vicinity to one of the animals listed.

2. Additional Notice. The public notice required for a hearing on a Conditional Use Permit by Chapter 21.26 (Public Hearings and Notice) shall include additional mailed notice to all owners and occupants of property located within 1,500 feet of the exterior boundaries of the site.

3. Application Content. All applications for high-density commercial animal keeping activities shall provide the following information:
a. Site drainage patterns and a statement of measures proposed by the applicant to avoid soil erosion and sedimentation caused by the keeping of animals; b. Plans for animal waste disposal; and
c. Where the site is located adjacent to a residential or parks and open space district, a statement of other measures proposed by the applicant for the management of the site and proposed animals to ensure that the animals will not become a nuisance to other residents in the vicinity of the site.

21.69.060. BED AND BREAKFAST INNS
A. Purpose. This Section provides standards for bed and breakfast inns, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Standards.

1. Primary Residence. The structure shall serve as the primary residence of the owner, and the bed and breakfast use shall be operated as an accessory use to the owner's residence.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-6

2. Parking. The minimum off-street parking for the base residential use shall be provided as required in the underlying zoning district. In addition, 1 parking space shall be provided for each guest bedroom. Parking shall not be located in a manner that detracts from the residential appearance of the structure, or the neighborhood. In the Uptown/Town Center Specific Plan area, parking shall be located as required for the applicable building type and zoning district.

3. Signage. In residential zoning districts, wall-mounted signs shall not exceed 2 square feet; freestanding signs shall not exceed 8 square feet in area and 4 feet in height.

4. Health Department Approval. Applicants for bed and breakfast inns shall receive written approval from the San Luis Obispo County Health Department prior to the business becoming operational.

21.69.070. CANNABIS
The provisions of Chapter 21.60 (Cannabis) of Title 21 (Zoning Code) shall apply.

21.69.080. ELECTRICITY GENERATION AND STORAGE FACILITIES A. Purpose. This Section provides standards for siting and operating electricity generation and storage facilities, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Battery Energy Storage System Requirements.

1. Hazardous Materials Plan. Applicant/operator shall submit for Review Authority approval a hazardous materials business/reclamation plan for decayed batteries at they near the end of their useful life.

2. Vegetation. Areas within 10 feet on each side of Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

21.69.090. EMERGENCY SHELTERS - GENERAL
A. Purpose. This Section provides standards for siting and operating emergency shelters - general, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations), consistent with California Government Code Section 65583(A)(4).

B. Applicability.

1. The requirements of this Section apply only to emergency shelters where allowed or conditionally allowed pursuant to Table 21.32-1 (Zoning District Use Regulations) and within the Uptown/Town Centre Specific Plan Chapter 5 Development Code, where allowed or conditionally allowed pursuant to Table 5.3-1 (Allowed Land Uses and Permit Requirements) and subject to approval of a Site Plan in accordance with Chapter 21.17 (Site Plans).

2. In the Planned Industrial (PM) Zoning District on Commerce Way, Niblick Road, Fontana Road, and Linne Road, emergency homeless shelters shall be subject to approval of a Site Plan in accordance with Chapter 21.17 (Site Plans).

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-7
C. Site Development Standards.

1. Maximum Number of Persons/Beds. Emergency homeless shelters may have a maximum of 50 beds/persons for overnight occupants per facility.

2. Operator.
a. Each shelter shall be operated by a responsible agency or organization, with experience in managing and/or providing social services.
b. Staff and services shall be provided to assist residents to obtain permanent shelter and provide referral information and/or services for health or mental health services, educational opportunities, job training/employment and life skills training. c. There shall be at least 1 on-site supervisor per 25 persons during the hours of operation. d. The operator of an emergency shelter or daytime service facility shall submit a management plan for approval by the Zoning Administrator including, as applicable, provisions for staff training, neighborhood outreach, security, screening to ensure compatibility with services provided at the facility, affirmative measures to discourage loitering at the facility, and hours of operation.

3. Concentration of Use. In accordance with Subsection (a)(4)(A)(v) of California Government Code Section 65583 regarding the standards a city may establish for proximity of one emergency shelter to another, no emergency shelter shall be established within 200 feet of another emergency shelter.

4. Parking. One vehicle parking space for each staff working in the emergency shelter; however, in no case shall more parking be required than for other residential or commercial uses within the same zone.

5. Waiting Area. For facilities with on-site client intake, an enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or waiting area. A minimum of 200 square feet shall be provided for the waiting area, unless the Director determines that additional waiting space is required to meet the needs of the anticipated client load.

6. Length of Stay. Individuals and families may not stay at an emergency homeless shelter for more than a total of 180 days per calendar year.

7. Lighting. Exterior lighting may be installed for security purposes. Lighting shall be directed away from adjacent properties and shall be shielded and downcast consistent with Chapter 21.82 (Lighting and Illumination).

8. Outdoor Cleanliness. The outdoor areas (yards) of shelters and surrounding areas shall be kept clean and free of debris, litter, and personal effects shall not be stored outdoors.

9. Security. Security systems shall be installed prior to issuance of certificate of occupancy. Security systems shall include an alarm system to detect unrecorded or unauthorized entry or exiting of a facility, and a camera surveillance system which shall be installed in locations to the satisfaction of the Police Chief.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-8

10. Uptown/Town Center Specific Plan. Emergency homeless shelters proposed in the Riverside Corridor (RSC) zone shall comply with site development standards of the RSC zone, Section 5.5.8 in the Uptown/Town Center Specific Plan, except for parking requirements, which shall be provided in compliance with Paragraph 21.69.090.C.4 (Parking) of this Subsection.

21.69.100. EMERGENCY SHELTERS - LOW BARRIER NAVIGATION CENTERS A. Purpose and Applicability. The purpose of this Section is to ensure that Low Barrier Navigation Centers, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations), are allowed consistent with California Government Code Section 65660.

B. Standards. Low Barrier Navigation Centers shall meet the following specific requirements:

1. Services. Offer services to connect people to permanent housing through a services plan that identifies services staffing.

2. Coordinated Entry System. Link to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those Sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. Homeless Management Information System. Use a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.65664.

4. Housing First. Comply with Housing First according to Welfare and Institutions Code Section 8255 et seq.

5. Process. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the Director shall notify the applicant of application completeness pursuant to Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the Director shall act upon review of the application.

21.69.110. EQUESTRIAN FACILITIES
A. Purpose. The purpose of this Section is to provide reasonable standards for the commercial keeping, training, and maintaining of horses to avoid and minimize adverse impacts on adjacent properties and to preserve the city’s quality and character, where equestrian facilities as defined in Chapter 21.91 (Land Use Definitions) is allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Structures and Setbacks. Stables, corrals, and similar buildings incidental to the keeping of horses are permitted, provided that none shall be located nearer than 100 feet from the front property line or 100 feet from any existing dwelling on an adjacent lot.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-9
C. Additional Notice. The public notice required for a hearing on a Conditional Use Permit by Chapter 21.26 (Public Hearings and Notice) shall include additional mailed notice to all owners and occupants of property located within 1,500 feet of the exterior boundaries of the site.

21.69.120. FOOD TRUCKS AND FOOD TRUCK COURTS
A. Purpose and Applicability. The purpose of this Section is to ensure that food trucks are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, and litter.

B. Special Events that Include Food Trucks. The provisions of this Section shall not apply to persons operating a food truck as part of a certified farmer’s market, an authorized street fair or other event occurring under a special permit issued by the City of Paso Robles, or as allowed by the City in City parks provided that the food truck is part of the event and is complying with all terms of the permit or permits issued for the event.

C. Permit Requirements Food Trucks.

1. Food Truck (single vehicle operating in one location 7 days or less). Temporary food trucks lasting less than 7 days in a single location are subject to the requirements of Subsection

21.69.120.D (Operational Requirements for Food Trucks).

2. Food Truck (single vehicle operating in one location more than 7 days but less than 1 year).

Temporary food trucks lasting 7 or more days (not to exceed 1 year) in a single location require approval of a Temporary Use Permit (Chapter 21.20). No Temporary Use Permit shall be issued for a food truck unless it conforms to the requirements of Subsections 21.69.120.D (Operational Requirements for Food Trucks).

3. Food Truck (single vehicle operating in one location 1 year or more). Temporary food trucks operating for more than 1 year in a single location shall not operate without the approval of a Site Plan (Chapter 21.17). Applications for a food truck shall conform to the requirements of Subsections 21.69.120.D (Operational Requirements for Food Trucks).

4. Food Truck Court (2 or more). Two or more food trucks located on the same property require approval of a Conditional Use Permit (Chapter 21.19). Applications for a food truck court shall conform to the requirements of this Subsection 21.69.120.D (Operational Requirements for Food Trucks).

D. Operational Requirements for Food Trucks. All food trucks shall comply with the following requirements:

1. Private Property. Food trucks shall operate only on private property with an existing commercial use and only as an accessory use to an existing business.

2. Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the Zoning Administrator with the permit application, prior to operating at the location. The vendor shall maintain proof of the owner’s approval in the vehicle.

The person operating the food truck shall present this proof upon the demand of a peace officer or City employee authorized to enforce.

3. Permanent Surface Parking. The food truck shall only be stopped, standing, or parked on a permanent surface paved with concrete, asphalt, or similar as determined by the review authority.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-10

4. Litter Removal. Each vendor shall provide adequate garbage receptacles accessible to customers for disposal of garbage. The food truck and surrounding property shall be maintained in a safe and clean manner at all times. The mobile vendor shall remove litter caused by its products from any public and private property within a 25-foot radius of the food truck's location.

5. No Discharge of Liquid. The vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

6. Temporary Shade Structures. Temporary shade structures shall be removed whenever the food truck is not in operation.

7. Noise. The vendor shall be subject to the noise provisions set forth in Chapter 21.82 (Noise). The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. The vendor shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be permitted.

8. Hours of Operation. Food truck vending hours shall be established by the review authority with the required permit.

9. Business License Required. The vendor shall have a valid business license issued by the City pursuant to Municipal Code Title 5 (Permits and Regulations). As part of its application for a business license, the vendor shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or use of its food truck.

10. Health Permit Required for Food Sales. Vendors operating a food trucks shall have a valid permit issued by the San Luis Obispo County Health Agency. All required County Health permits shall be in the possession of the mobile food vendor at all times during which it operates within the City.

11. Fire Department Inspection. All food trucks shall be inspected and approved by the Paso Robles Fire and Emergency Services Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the Paso Robles Fire and Emergency Services Department. At a minimum, all cooking equipment producing grease-laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A Class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code.

12. Circulation. Food trucks and trailers and associated equipment (such as tables, chairs, garbage receptacles, etc.) shall not alter the circulation pattern of parking lots nor shall they be parked in restricted areas marked for “no parking”, “fire lane”, etc.

13. Egress. Food trucks shall not block egress from a building.

14. Equipment Storage. Food trucks and associated equipment shall not be stored overnight at the location of vending.

15. Conditions of Approval. Food trucks shall comply with all conditions of approval required by the review authority approving a temporary use permit, site plan, or conditional use permit.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-11

21.69.130. MANUFACTURED HOMES
A. Purpose and Applicability. This Section provides standards for manufactured homes where single-family dwellings are allowed as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table

21.32-1 (Zoning District Use Regulations). Where 2 or more manufactured homes are located on one lot, refer to Section 21.69.140 (Mobile Home Parks).

B. Standards. The following standards apply to single-family manufactured homes:

1. Permit Requirement. Manufactured homes are an allowed use on any lot in which the Zoning Code permits single-family dwellings. Except as otherwise provided in this Chapter, manufactured homes shall be subject to the same regulations as conventional single-family homes.

2. Parking. Manufactured homes shall be subject to the same parking requirements as single-family residential uses (see Section 21.033.040.E [Parking Design]).

3. Development Standards. Requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space shall be subject to the same requirements as the zoning district in which the manufactured home is located.

4. Architectural Requirements. Manufactured homes shall be subject to the General Architectural Requirements for Primary Structures in the Single-Family Residential Zoning Districts (Subsection

21.33.040.D) and the following additional standards:
a. Skirting. The space beneath a manufactured home and the ground shall not exceed 36 inches of height and shall be screened with a skirt or by a combination of skirts, decks, and/or grading with ventilation and access in accordance with State law.

5. Foundation Systems. All manufactured homes constructed on a foundation system shall comply with the requirements of Health and Safety Code Section 18551 and California Code of Regulations, Title 25, Division 1, as they may be amended from time to time.

6. Prior to installing a manufactured home on a foundation system as a fixture or improvement to real property, the owner or a licensed contractor shall obtain a building permit from the City, provide the City with the information required under Health and Safety Code Section 18551, and pay any applicable permit fees.

21.69.140. MOBILE HOME PARKS
A. Purpose and Applicability. This Section provides standards for the location and development for mobile home parks as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Development Standards. All development in any mobile home park shall comply with the development standards for single-family dwellings in residential zones (Sections 21.33.030 and 21.33.040). The standards listed below also supersede any of the standards required for multi-family dwellings in residential zoning districts:

1. Building Site. The minimum building site shall be 1 acre and the minimum lot width shall be not less than 200 feet.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-12

2. Fences and Walls. A 6-foot-tall solid masonry or concrete fence shall be placed and maintained on perimeter property lines.

3. Landscaping. Landscaping shall be provided at least 10 feet deep between the perimeter wall and the public right-of-way.

4. Access. Mobile home parks must be served from internal streets within the mobile home or trailer park, and there shall be no direct vehicular access from a mobile home space to a public street or road.

5. Fire Protection. Fire protection devices, hydrants, and alarm systems shall be installed as approved by the Fire Department.

6. Minimum Setbacks. Minimum setback requirements for the zoning district shall apply to the mobile home park’s comprehensive development, rather than each individual mobile home. In addition, the following standards are required:
a. No mobile home space shall be located closer than 25 from the property line when the line is a public street.
b. No mobile home space shall be closer than 5 feet from any other portion of the property line of the mobile home park.
c. No mobile home space shall be placed closer than 5 feet from its side lot line or space boundary line.

7. Vehicle Storage. Storage areas shall be provided for boat trailers and other recreation vehicles as required by the review authority.

21.69.150. SELF STORAGE FACILITIES
A. Purpose and Applicability. This Section provides standards for self storage facilities as defined in Chapter

21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Standards.

1. Minimum Lot Size. The minimum lot size shall be 5,000 square feet.

2. Setback. A minimum 300-foot setback is required from a highway or from frontage roads adjacent to highways.

3. Prohibited Locations. Establishing new self-storage facilities shall be prohibited at the following locations:
a. Abutting Spring Street or Creston Road.
b. At the City gateways as identified in the Paso Robles Gateway Plan: Design Standards.

4. Sanitary Facilities. At least 2 restrooms shall be provided and shall be available at all times to renters and employees. The restrooms shall be maintained in a clean and sanitary condition at all times.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-13

5. Landscaping and Screening. The building site shall be landscaped in a manner approved by the review authority. Landscaping standards will be required as follows:
a. A minimum of 25 feet of landscaped setback shall be required for projects that abut a collector, arterial, highway, highway frontage road, or residentially zoned property. b. A minimum of 15 feet of landscaped setback shall be required for all other streets less significant than a collector.
c. Up to 50 percent of the landscaped setback can be used for off-street parking, but a 10- foot landscaped setback shall be required between the property line and the parking area.

The purpose and intent are to ensure adequate screening is provided and the review authority shall have the option of requiring parking to be located in other areas to address the need to provide adequate screening.

6. Commercial Uses Prohibited. The use of all rental units shall be limited to storage. Renters may conduct minor maintenance such as cleaning, minor repairs, and spot painting to their privately owned boats, trailers, and other recreation vehicles. However, no rental spaces shall be used for any retail or service commercial uses including business or professional offices, retail sales, services provided for a fee, or fabrication of any products intended for sale.

7. Required Findings. The review authority shall make the following findings in approving a personal storage facility:
a. The project is designed to be aesthetically pleasing, through the use of good quality materials and architecture, and/or fully screened.
b. The project will not be detrimental to economic vitality goals in place on a citywide basis. c. The project will not diminish community character, critical gateways, or the downtown.

21.69.160. PERSONAL SERVICES - RESTRICTED
A. Distancing. No new restricted personal services establishment shall be allowed within 500 feet of an existing restricted personal services establishment unless otherwise specified in a Conditional Use Permit.

1. Nonconforming Uses. Establishments in existence as of the effective date of the ordinance codified in this Section that are in compliance with the provisions of this Section are permitted to remain in their current locations, subject to all otherwise-applicable restrictions.

2. Measurement. Distance shall be measured in a straight line from the closest property line of the restricted personal services use to the closest property line of another restricted personal services use.

B. Location. No restricted personal service establishment shall be established within 300 feet of the following uses within or outside the City limits unless otherwise specified in a Conditional Use Permit:

1. Residentially zoned properties;

2. Public or private educational facilities;
Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-14

3. Religious institutions;

4. Public parks and public facilities;

5. Youth-oriented facilities;

6. Bars or taverns.

C. Hours of Operation. Hours of operation shall be limited to 7:00 A.M. to 9:00 P.M. unless otherwise specified in a Conditional Use Permit.

21.69.170. OUTDOOR SALES, DISPLAYS, AND STORAGE
A. Purpose and Applicability. The purpose of this Section is to provide areas for the outdoor display of merchandise for sale and outdoor storage areas as an accessory use as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Outdoor Display of Merchandise.

1. Definition. The outdoor display of merchandise for sale is defined as finished products that are temporarily displayed on the site.

2. Standards. All outdoor display of merchandise for sale shall conform to the following regulations:
a. No displayed merchandise shall be located within the public right-of-way. No displayed merchandise shall be located within parking aisles, required parking spaces, landscaped areas or within required fire or handicapped access ways, unless otherwise permitted with a conditional use permit for permanent displays. For displays lasting more than 7 days but less than 60 days, a Temporary Use Permit is required. b. The products shall be limited to the primary merchandise sold by the principal business that occupies the site. No merchandise shall be displayed for sale on an undeveloped or vacant site, unless otherwise allowed with a Temporary Use Permit. c. In multi-tenant centers, the displayed merchandise should be limited to the area directly in front of the store displaying the merchandise.
d. No merchandise shall be displayed that is unsightly or creates any other condition that is detrimental to the appearance of the premises or surrounding property or in any other manner is detrimental to the public health, safety, welfare or causes a public nuisance.

C. Outdoor Storage Areas.

1. Sites that do not have dedicated public right-of-way or other legal access in a form acceptable to the City Engineer, or existing public improvements including but not limited to curb, gutter, sidewalk, street lights, and street trees shall require a Conditional Use Permit, unless the applicant voluntarily installs or posts the appropriate security for such improvements, in a manner to be approved by the City Engineer.

2. All outdoor storage areas shall conform to the following regulations:

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-15
a. All outdoor storage areas within commercial and industrial zoning districts shall be thoroughly screened from public view and adjacent properties by a combination of walls or fences and landscaping. Landscaping requirements shall be as follows:
i. A minimum of 25 feet of landscaped setback shall be required for projects abutting a collector, arterial, highway, highway frontage road, or residentially zoned property.
ii. A minimum of 15-foot landscaped setback shall be required for all other streets less significant than a collector.
iii. Up to 50 percent of the landscaped setback can be used for off-street parking, but a 10-foot landscaped setback shall be required between the property line and the parking area. The purpose and intent are to ensure adequate screening is provided and the review authority shall have the option of requiring parking to be located in other areas to address the need to provide adequate screening. iv. Outdoor Storage shall be prohibited at the City gateways identified in the Paso Robles Gateway Plan: Design Standards, unless project is fully screened by architecturally designed walls and treatments.
b. The stored materials shall be limited to those normally associated with the principal use on the site.
c. All walls or fences shall be at least 6 feet but no greater than 8 feet in height. d. Landscape planters shall be a minimum of 5 feet wide (interior dimensions) unless an existing planter is less. In no cases shall the planter be less than 3 feet wide. The landscaping should be placed adjacent to the wall or fence to create interest and deter graffiti and vandalism.
e. In cases where unusual topographical conditions, land use conflicts, or zoning district boundaries exist, the outdoor storage areas may require additional screening structures and/or materials as determined by the Review Authority. f. Storage materials or equipment that exceed the height of the wall or fence shall be stored on the rear 50 percent of the site unless otherwise approved by the Review Authority. g. All arterial streets shall have a combination of decorative masonry wall and landscaping along outdoor storage areas adjacent to the right-of-way unless otherwise approved by the review authority.
h. All screening materials shall be installed and finalized prior to the commencement of storage onsite.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-16

21.69.180. RECREATIONAL VEHICLE PARKS
A. Purpose and Applicability. This Section provides standards for the location and development for recreational vehicle parks where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Development Plan. Recreational vehicle parks shall be subject to review and approval of a Development Plan (Chapter 21.16).

C. Development Standards. The standards listed below supersede any of the standards required for the zoning district in which a recreational vehicle proposed:

1. Building Site. The minimum building site shall be 2.5 acres.

2. Access. Recreational vehicle parks must be served from internal streets within the park, and there shall be no direct vehicle access from a recreational vehicle space to a public street or road.

3. Setbacks. No part of a recreational vehicle shall be located closer than 25 feet to any public rightof-way, and no closer than 15 feet to any interior property line. No recreational vehicle shall be located closer than 10 feet to any other recreational vehicle.

4. Fire Protection. Fire protection devices, hydrants, and alarm systems shall be installed as approved by the Fire Department.

5. Permanent/Nonmobile Spaces. No more than 20 percent of the recreational vehicle spaces may be reserved for permanent/nonmobile structures rented out to the public by the operator.

21.69.190. RELIGIOUS ASSEMBLY FACILITY
A. Purpose and Applicability. This Section provides standards for Religious Assembly Facilities, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Property Development Standards. Development shall comply with the property development standards of the zoning district in which the project is located.

C. Affordable Housing. Up to 50 percent of parking spaces required for the religious institution may be eliminated or reduced for a proposed housing development per California Government Code Section 65913.6.

21.69.200. RESIDENTIAL CARE FACILITIES
A. Purpose and Applicability. This Section provides standards for the location, development, and operation of General Residential Care Facilities and Assisted Living Residential Care Facilities, where allowed by Table 21.32-1 (Zoning District Use Regulations).

B. Development Standards.

1. Density. Density limits for dwelling units shall not apply to the allowable intensity of land use for such facilities as convalescent homes, skilled nursing facilities, residential care facilities for the elderly, and similar facilities as defined by State law. The number of rooms and/or occupants for such a facility shall be determined on a case-by-case basis in conjunction with an application for a Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-17
Conditional Use Permit (Chapter 21.19) and shall not exceed the densities in Table 21.69.200-1 (Densities for Residential Care Facilities General and Assisted Living).

Table 21.69.200-1: Densities for Residential Care
Facilities (General and Assisted Living)
Zoning District Beds/Acre
R-1 10
R-2 21
R-3 31
R-3-O 31
R-4 42
R-5 52
OP 21
Mixed-Use Overlay 78
T3-N and T3-F 21
T4-N and T4-F 78
T4-NC, TC-1, and TC-2 78

2. Fire Protection. Fire protection devices, hydrants, and alarm systems shall be installed as approved by the Fire Department.

3. State Approval. Where a facility is required to be licensed by the State, written proof shall be submitted to the City that the appropriate State licensing agency will be able to issue all required licenses and specifying the maximum number of beds for which a license will be issued by such agency.

21.69.210. RETAIL – RESTRICTED
A. Distancing. No new restricted retail establishment shall be allowed within 500 feet of an existing restricted retail establishment unless otherwise specified in a Conditional Use Permit.

1. Nonconforming Uses. Establishments in existence as of the effective date of the ordinance codified in this Section that are in compliance with the provisions of this Section are permitted to remain in their current locations, subject to all otherwise-applicable restrictions.

2. Measurement. Distance shall be measured in a straight line from the closest property line of the restricted retail use to the closest property line of another restricted retail use.

B. Location. No restricted retail establishment shall be established within 300 feet of the following uses within or outside the City limits unless otherwise specified in a Conditional Use Permit:

1. Residentially zoned properties;

2. Public or private educational facilities;
Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-18

3. Religious institutions;

4. Public parks and public facilities;

5. Youth-oriented facilities;

6. Bars or taverns

7. City gateways as identified in the Paso Robles Gateway Plan: Design Standards.

C. Hours of Operation. Hours of operation shall be limited to 7:00 A.M. to 9:00 P.M. unless otherwise specified in a Conditional Use Permit.

21.69.220. RIGHT TO FARM
A. Findings and Policy.

1. It is the declared policy of this City to enhance and encourage agricultural operations within the City. It is the further intent of this City to provide to the residents of this City, living within 300 feet of property in the Agricultural Zoning District, notification of the City's recognition and support through the ordinance codified in this Title of those persons' and/or entities' right to farm.

2. Where nonagricultural land uses occur near agricultural areas, agricultural operations frequently become the subjects of nuisance complaints due to lack of information about such operations. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investments in farm improvements to the detriment of agricultural uses and the viability of the City's agricultural industry as a whole. It is the purpose and intent of the ordinance codified in this Title to reduce the loss to the City of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. The ordinance codified in this Title is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of State law relative to nuisances.

Instead, it is to be utilized only in the interpretation and enforcement of the provisions of this Code and City regulations.

3. An additional purpose of the ordinance codified in this Title is to promote a good neighbor policy by advising purchasers of residential property, and owners of other property in the City, of the inherent potential problems associated with the purchase of such property. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural results of living in or near agricultural areas.

B. Preexisting Agricultural Uses Not a Nuisance.

1. No agricultural activity, operation or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with property and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than 3 years if it was not a nuisance at the time it began.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-19

2. Paragraph 21.69.220.B.1 of this Subsection shall not apply if the agricultural activity, operation or facility, or appurtenances thereof, obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street, or highway.

C. Disclosure.

1. The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City, and those inconveniences or discomforts arising from legally established agricultural activities or operations, as defined in this Section or State law, shall not be or become a nuisance.

2. Disclosure Statement. "The City of Paso Robles declares it a policy to protect and encourage agricultural operations as defined in Section 21.69.220 (Right to Farm) of the City of Paso Robles Municipal Code. If your property is located in the incorporated area of the City, in or near the Agricultural Zoning District, you may at some times be subject to inconvenience or discomfort arising from agricultural operations. If conducted in a manner consistent with State law and City Code, said inconveniences and discomforts shall not be or become a nuisance."

3. The disclosure statement is given for informational purposes only and nothing in the ordinance codified in this Title, or in the disclosure, shall prevent anyone from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice.

4. The disclosure statement set forth above shall be used as described in Subsections 21.69.220.D (Property Tax Bill Disclosure), 21.69.220.E (Disclosure Upon Transfer of Residential Property), and

21.69.220.F (Discretionary Land Use Permit Disclosure) of this Section.

D. Property Tax Bill Disclosure. The City may mail a copy of the disclosure statement to all owners of real property in the City within 300 feet of the Agricultural Zoning District with the annual tax bill.

E. Disclosure Upon Transfer of Residential Property. Upon any transfer of real property located in the incorporated area of the City within 300 feet of the Agricultural Zoning District by sale, exchange, installment land sale contract (as defined in Civil Code section 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative, improved with or consisting of not less than 1 nor more than 4 dwelling units, the transferor shall deliver to the prospective transferee the written disclosure statement required by the ordinance codified in this Title. The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10. Exceptions to the applicability of this section are set forth in Civil Code section 1102.1. The written disclosure shall be set forth in, and shall be made on a copy of, the disclosure form attached on file with the City's Community Development Department.

F. Discretionary Land Use Permit Disclosure. The City shall include the disclosure statement described in Subsection 21.69.220.C (Disclosure) of this Section to all discretionary land use permit applications (e.g.

Conditional Use Permits, Planned Developments, Tract Maps, etc.) administered by the Community Development Department.

G. Penalty for Violation. Any violation of any of the requirements of this Section shall be handled as a civil matter between the parties affected and shall not be a misdemeanor or infraction.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-20
H. Resolution of Disputes. Should any controversy arise regarding any inconvenience or discomfort occasioned by agricultural operations conducted in accordance with existing laws, ordinances and regulations, then the parties may notify the Zoning Administrator as set forth below in an attempt to resolve the matter:

1. The aggrieved party may notify the Zoning Administrator or his designee within 30 days of the occurrence of the agricultural operation giving rise to the controversy.

2. Within 15 days after receiving the complaint, the Zoning Administrator or his designee shall set a meeting with affected parties and shall attempt to mediate the dispute.

3. If the dispute cannot be successfully mediated by the Zoning Administrator or his designee, then both parties may agree to present the controversy to a professional mediator. The expense of such mediation shall be the responsibility of the affected parties.

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

21.69.230. SHORT-TERM RENTALS
The provisions of Chapter 21.64 (Short-Term Rentals) of Title 21 (Zoning Code) shall apply.

21.69.240. TATTOO AND BODY ART ESTABLISHMENTS
A. Purpose. The purpose and intent of this Chapter is to prohibit tattooing within the City, except for in those zoning districts specifically authorized in this Chapter. Due to concerns about the potential unsanitary conditions and the public image projected by tattoo parlors, and in order to protect the pedestrian-friendly and welcoming character of other areas in the City, including the historic downtown core, the City desires to allow operation of tattoo parlors only in the C-3 and Riverside Corridor Zoning Districts.

B. Definitions.

1. “Body piercing” means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow, or navel for the purpose of inserting jewelry or other decorative items. Body piercing does not include piercing of the ear lobe or outer portion of the ear.

2. “Tattoo parlors” means any establishment where the act of tattooing or body piercing humans takes place. This includes tattooing or body piercing as a primary or ancillary use. Tattoo parlors do not include permanent makeup of the face as an ancillary use to a beauty shop or paramedical tattooing ancillary to a medical clinic.

3. “Tattoo” or “tattooing” means the act or process of inserting pigment under the surface of the skin of a human being by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-21

4. “Permanent makeup” means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes microblading, micropigmentation, lip liner tattoos, and similar procedures.

C. Tattoo Parlors Permitted in Specified Zones. Operation of tattoo parlors is permitted only in the Riverside Corridor Zoning District of the Uptown/Town Centre Specific Plan (RSC) and C-3 Zoning District. Tattoo parlors are expressly prohibited from operating in all other zoning districts.

D. Tattoo Parlors; Standards and Limitations. Every tattoo parlor shall be subject to the following conditions, in addition to all other requirements imposed by law:

1. The exterior walls of the tattoo parlor are to be located at least 1,000 feet from the exterior walls of any other tattoo parlor.

2. The exterior walls of the tattoo parlor are to be located at least 500 feet from the outer boundary of any City-owned park facilities.

3. The exterior walls of the tattoo parlor are to be located at least 500 feet from the outer boundary of any kindergarten through 12th grade school facilities.

4. The operator of the tattoo parlor and all tattoo practitioners operating therein shall obtain and maintain all required State and/or County permits, licenses and registrations for operation of a tattoo parlor.

5. Tattoo parlors shall not operate between the hours of 11:00 A.M. and 7:00 P.M.

6. Live animals, except for service animals, shall not be allowed on the premises.

7. Once established, tattoo parlors shall not be permitted to expand into another tenant space or building otherwise on the site, or any contiguous site.

8. Temporary or mobile tattoo establishments or events are not authorized by this Section.

21.69.250. VEHICLE FUEL SALES AND ACCESSORY SERVICE
A. Purpose and Applicability. This Section establishes standards for the location, development, and operations for vehicle fuel sales and accessory services, as defined in Chapter 21.91 (Land Use Definitions) and where allowed in compliance with Table 21.32-1 (Zoning District Use Regulations).

B. Combining Uses. Vehicle fuel sales may be permitted as the primary use of a site or may be combined with other retail or service commercial uses such as mini-marts or auto repair.

C. Landscaping and Screening. The review authority may require construction of a 6-foot-high decorative masonry wall along interior boundaries of the site where it deems it necessary to provide a durable and aesthetically pleasing screen wall adjacent to existing or planned land uses of a more-sensitive nature (for instance, residential, restaurants, hotels, and visitor-serving commercial). Street frontages between driveways shall be landscaped with planters that are at least 5 feet deep exclusive of curbs (raised or flat) that define or contain planter areas.

Exhibit A

Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-22
CHAPTER 21.70. RESERVED
CHAPTER 21.71. RESERVED
CHAPTER 21.72. RESERVED
CHAPTER 21.73. RESERVED
Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-i
Article 7: Nonconformities
7 x
Chapter 21.74. General Nonconforming Provisions ........................................................................................ 7-1

21.74.010. Purpose and Applicability ................................................................................................................. 7-1

21.74.020. Establishment of Legal Nonconforming Status ................................................................................ 7-1

21.74.030. Proof of Legal Nonconformity .......................................................................................................... 7-1

21.74.040. Loss of Legal Nonconforming Status ............................................................................................... 7-2

21.74.050. Public Acquisition that creates a Nonconforming Condition ............................................................. 7-2 Chapter 21.75. Nonconforming Lots ................................................................................................................. 7-3

21.75.010. Lots Less than Minimum Required Size........................................................................................... 7-3 Chapter 21.76. Nonconforming Structures ....................................................................................................... 7-3

21.76.010. Continuation of Legal Nonconforming Structures ............................................................................ 7-3

21.76.020. Residential Structures - Exceptions ................................................................................................. 7-4

21.76.030. Work Under Existing Building Permits ............................................................................................. 7-5 Chapter 21.77. Nonconforming Uses ................................................................................................................ 7-5

21.77.010. Continuation of Legal Nonconforming Uses..................................................................................... 7-5

21.77.020. Destruction of a Structure Containing a Legal Nonconforming Use ................................................. 7-5 Chapter 21.78. Other Nonconforming Provisions ............................................................................................ 7-5

21.78.010. Nonconforming Parking ................................................................................................................... 7-5

21.78.020. Nonconformities Regarding Fences ................................................................................................. 7-7

21.78.030. Nonconforming Landscaping ........................................................................................................... 7-7

21.78.040. Nonconforming Lighting ................................................................................................................... 7-7

21.78.050. Nonconforming Signs....................................................................................................................... 7-7 Chapter 21.79. Reserved .................................................................................................................................... 7-7 Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-1
CHAPTER 21.74. GENERAL NONCONFORMING PROVISIONS

21.74.010. PURPOSE AND APPLICABILITY
This Article establishes uniform provisions for the regulation of nonconforming land uses, nonconforming development (including structures and improvements), and nonconforming lots that were lawfully established but do not comply with the current requirements of this Article (“nonconforming situations”). The overall intent of this Article is to protect public health, safety, and general welfare while allowing reasonable use of private property by:

A. Limiting the number and extent of specific nonconforming uses and development that conflict with the provisions of this Title by prohibiting their reestablishment after discontinuation; B. Limiting the extent to which nonconforming uses and development that are involuntarily damaged or destroyed can be restored;
C. Allowing for the continuation and maintenance of nonconforming uses and development until such use or development is changed in any manner beyond the scope allowed by this Article; D. Establishing procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and development; and
E. Limiting the alteration, enlargement, or relocation of nonconforming uses and development in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this Zoning Code.

21.74.020. ESTABLISHMENT OF LEGAL NONCONFORMING STATUS
A. Uses or developments that were not lawfully established do not have a legal right to continue as nonconforming situations as defined by this Article and shall be removed immediately. See Chapter 1.02 (Penalties).

B. Nonconforming situations shall have the following meanings:

1. A nonconforming lot means a lot that was lawfully established but does not meet the requirements of the zoning district in which it is located.

2. A nonconforming development means a structure, building, or site improvement, such as an offstreet parking facility, that was lawfully established in compliance with the applicable zoning regulations in effect at the time of construction or establishment but which no longer complies with the applicable development standards of the zoning district in which it is located, such as setbacks, buffers or yards, area, bulk, height, density, or parking.

3. A nonconforming use means a use of land or a structure that was lawfully established in compliance with the applicable zoning regulations in effect at the time it was established but which no longer complies with the applicable regulations of the zoning district in which it is located.

21.74.030. PROOF OF LEGAL NONCONFORMITY
When submitting a development application to alter or expand a nonconforming situation or otherwise establish that a lot, development, or use is a legal nonconforming situation, the property owner or applicant shall document that a Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-2
nonconforming situation was legally established on its present site. Evidence that the situation was legally established shall depend upon the type of nonconforming situation, as follows:

A. For nonconforming lots, the property owner or applicant shall document when the lot was lawfully created based upon recorded deeds or similar.

B. For nonconforming development or nonconforming uses, the property owner or applicant shall provide building, land use, or development permits. For development or uses which did not require a permit when lawfully established, the property owner or applicant shall provide other evidence which clearly shows the date the development or use was established, such as dated aerial photographs.

C. In addition, for nonconforming uses, the property owner or applicant shall document that the use has been continually maintained the prior 12 months. However, an extension of time to demonstrate that the use has not ceased may be granted by Planning Commission action or, upon appeal, City Council action. Evidence that a use has been maintained over time shall consist of building permits, functioning utility hookups, tax records, business licenses, lease agreements, business receipts, and/or similar documentation.

21.74.040. LOSS OF LEGAL NONCONFORMING STATUS
A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance pursuant to the provisions of Chapter 9.06 (Nuisance Abatement) or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the City Council or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Section 9.06.030 (Nuisances), a nonconforming use is a public nuisance if:

1. The use interferes with the enjoyment of life or property in the neighborhood; or

2. The use is injurious to the health of persons in the neighborhood.

B. The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located is determined to be a public nuisance pursuant to the provisions of Chapter

9.06 (Nuisance Abatement) or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated by the City Council or order of the court. If the abatement of the nuisance required demolition of the structure, the City Council order or judgment or order of the court shall find that in fairness and in justice there is no other way reasonably to correct the nuisances other than by demolition of the structure.

C. Where it cannot be found that demolition of a structure is appropriate, the City Council may permit the structure to remain in existence but may impose one or more conditions to bring the structure into conformity with the requirements of this Title so far as is reasonable, in addition to any other conditions necessary to abate the public nuisance.

21.74.050. PUBLIC ACQUISITION THAT CREATES A NONCONFORMING

CONDITION
Whenever any City action to require dedication of land to or purchase of land by the City for any public purpose, or any eminent domain proceedings by any government agency, results in the creation of a nonconforming condition within the meaning of this Title, such conditions shall not be considered nonconforming within the meaning of this Title. The City shall record a Deed Notification of said conformity determination at time of dedication or acquisition.

Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-3
CHAPTER 21.75. NONCONFORMING LOTS

21.75.010. LOTS LESS THAN MINIMUM REQUIRED SIZE
A. Nonconforming lots may be developed with land uses that are permitted by the zoning district in which they are located, provided that all development occurs per Zoning Code standards.

B. Lot line adjustments to nonconforming lots that do not increase the deviation between the existing nonconforming situation and the Code requirement or create a new nonconforming situation are allowed.

C. If a development is proposed on a nonconforming lot and a contiguous lot or lots is owned by the same party as the lot on which the development is proposed, the City shall have the authority to require the merger of the lots to create a conforming lot, provided all the following requirements are met:

1. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

2. With respect to any affected parcel, one or more of the following conditions exists:
a. Comprises less than 5,000 square feet in area at the time of the determination of merger; b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
c. Does not meet current standards for sewage disposal and domestic water supply; d. Does not meet slope stability standards;
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
f. Its development would create health or safety hazards, as determined by the Director; or g. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.

Any such requirement for a merger shall be processed as a lot line adjustment pursuant to Chapter 22.18 (Lot Line Adjustment Process).

CHAPTER 21.76. NONCONFORMING STRUCTURES

21.76.010. CONTINUATION OF LEGAL NONCONFORMING STRUCTURES Legally nonconforming buildings and structures may continue to be used and maintained subject to the following limitations:

Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-4
A. General. Additions or alterations are allowed unless such additions or alterations would increase the deviation between the existing nonconforming situation and the Code requirement or would create a new nonconforming situation.

B. Alterations. Additions or alterations that extend a nonconforming setback or structure height are allowed only upon approval of a Site Plan Modification. In approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C) as well as find that that such extension does not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood.

C. Force Majeure. If any legally nonconforming building or structure is damaged by fire, earthquake, explosion, or other force majeure to an extent of more than 75 percent of the gross floor area of the structure(s), as determined by the Building Official, such building or structure shall only be rebuilt to conform to the present Code requirements. However, any property owner seeking to rebuild any such building or structure to the condition existing prior to occurrence of a fire, earthquake, explosion, or other force majeure shall apply for a Development Plan Modification pursuant to the provisions of Section 21.16.020 (Development Plan Modifications). In addition to the required findings for approval of a Development Plan Modification, findings shall also be made that restoring the building or structure to the previous state of nonconformity would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the General Plan would be advanced by such restoration.

D. Purposeful Destruction. If any legally nonconforming building or structure is damaged by a purposeful act of destruction to an extent of more than 50 percent of the gross floor area of the structure(s), as determined by the Building Official, such damaged portions of the building or structure shall only be rebuilt to conform to the present code requirements. Full restoration may be made to the previous state of nonconformity subject to approval of a Development Plan Modification (Section 21.16.020). In addition to the required findings for approval of a Development Plan Modification, findings shall also be made that restoration would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the General Plan would be advanced by such restoration.

E. Lot Line Adjustments. If the legally nonconforming buildings or structures do not meet the zoning district requirements for setbacks, including situations in which buildings or structures are located across property lines, and the owner of the nonconforming buildings or structures and the owner of the adjacent property seek to reduce the nonconforming situation via the filing of a lot line adjustment application, and if it can be demonstrated that the lot line adjustment does not increase the deviation between the existing nonconforming situation and the Code requirement or create a new nonconforming situation, then, subject to approval of a Conditional Use Permit, including any conditions deemed necessary to protect the public health, safety, and welfare, the Planning Commission may approve such a lot line adjustment.

21.76.020. RESIDENTIAL STRUCTURES - EXCEPTIONS
Notwithstanding the provisions of Section 21.76.010.C, any multi-family residential development that is nonconforming with regard to maximum allowed density and is damaged to any extent by fire, earthquake, explosion, or other act not attributed to a purposeful act of destruction may be rebuilt to include the same number of units that existed prior to the occurrence of such destructive act.

Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-5

21.76.030. WORK UNDER EXISTING BUILDING PERMITS
Nothing contained in this Title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of ordinances then effective and upon which actual construction has been started, provided that in all such cases actual construction shall be diligently carried on until completion of the building in accordance with approved plans.

CHAPTER 21.77. NONCONFORMING USES

21.77.010. CONTINUATION OF LEGAL NONCONFORMING USES
Legally nonconforming land uses may continue to be operated and maintained subject to the following limitations:

A. The site or building areas in which they are located shall not be enlarged or increased. Exception: Subject to approval of a Conditional Use Permit, additions may be made to residential dwelling units in commercial and industrial districts, provided that said addition shall not increase the number of dwelling units on a property, including the addition of any accessory dwelling unit.

B. The intensity or level of use or activity shall not be increased in terms of hours of operation, daily generation of vehicle trips, or other metric determined by the Zoning Administrator based on the use.

C. If a nonconforming use is abandoned for a period of 12 or more consecutive months, such use shall neither be reestablished nor resume operation, and subsequent land uses shall conform to the general and zoning district regulations of this Title. The lack of a valid City Business License for the non-conforming use for a period exceeding 12 months shall be evidence of abandonment of use.

21.77.020. DESTRUCTION OF A STRUCTURE CONTAINING A LEGAL

NONCONFORMING USE
A. If the building(s) or structure(s) in which a legal nonconforming use is located is damaged by fire, earthquake, explosion, or other force majeure not attributed to a purposeful act of destruction to an extent of more than 50 percent of the gross floor area of the structure(s), the use shall neither be continued nor be reestablished at that location. Exception: If the nonconforming use consists of residential dwellings in a commercial or industrial zoning district subject to approval of a Conditional Use Permit, any dwellings may be rebuilt if doing so would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the General Plan would be advanced by such restoration.

B. If the buildings or structures containing a legal nonconforming use are damaged by a purposeful act of destruction, the use may not be re-established.

CHAPTER 21.78. OTHER NONCONFORMING PROVISIONS

21.78.010. NONCONFORMING PARKING
A. Industrial, Commercial, and Other Non-residential Developments.

1. For industrial, commercial, and other nonresidential developments that are legally nonconforming only as to the regulations relating to off-street parking and loading facilities, such uses may be continued in the same manner as if the parking and loading facilities were conforming, except as Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-6
needed to comply with Americans with Disabilities Act (ADA) and any applicable State or local disability access statute. However, such parking and loading facilities as do exist may not be further reduced with respect to number provided, dimensions, and any other relevant requirement.

2. Any building addition or increase in the intensity of use of any building, structure, or premises shall provide parking for such addition or increase in intensity that conforms to the requirements of this Title.

B. Multi-family Residential Development. For any multi-family residential development that does not provide parking in compliance with the requirements this Title, the following shall apply:

1. On lots greater than 9,000 square feet in area and 65 feet in width, with residential dwellings with 1 parking space in a garage or carport, the square footage of any individual unit may be increased up to 40 percent without requiring a second parking space in a garage or carport.

2. For residential units with no parking spaces provided, any addition to a unit shall require provision of at least 1 parking space in a garage or carport or as a designated, uncovered space.

3. Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010.D below.

4. On lots greater than 9,000 square feet in area and 65 feet in width, with residential dwellings with 1 parking space in a garage or carport, the square footage of any individual unit may be increased up to 40 percent without requiring a second parking space in a garage or carport.

5. For residential units with no parking spaces provided, any addition to a unit shall require provision of at least 1 parking space in a garage or carport or as a designated, uncovered space.

6. Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010.D below.

C. Single-family Residential Units: For any single-family residence that does not provide parking in compliance with the requirements of this Title, the following shall apply:

1. For a residential unit with only 1 parking space in a garage or carport, the square footage may be increased up to 20 percent or 500 square feet, whichever is less, without requiring a second parking space in a garage or carport.

2. For a residential unit with no parking spaces provided, any addition to that unit shall require provision of at least 1 parking space in a garage or carport.

3. Exceptions for accessory dwelling units and urban dwelling units shall apply as specified in Subsections 21.78.010.D and 21.78.010.E below, respectively.

D. Accessory Dwelling Units: The parking provisions associated with accessory dwelling units as specified in Section 21.58.050 (Requirements for All ADUs) shall apply with respect to accessory dwelling units and the associated primary structures.

E. Urban Dwelling Units: The parking provisions associated with urban dwelling units as specified in Paragraph 21.65.050.F.8 (Parking) shall apply with respect to the urban dwelling unit and, as applicable, to the associated primary structures.

Exhibit A

Article 7 Nonconformities
Paso Robles Zoning Code 7-7

21.78.020. NONCONFORMITIES REGARDING FENCES
Any fence or wall that is legally nonconforming with respect to height, materials, or absence where required shall be brought into compliance with the provisions of this Title in the following circumstances:

A. For single-family residential uses, a legal nonconformity is allowed to be maintained in all circumstances.

B. For multi-family residential uses, the fence or wall shall be made to conform at the time of any increased density or additional of dwelling units on the premises.

C. For commercial, industrial, or other nonresidential use, the fence or wall shall be made to conform at the time of any increased intensity of use of additional square footage exceed 1,000 square feet on the premises.

21.78.030. NONCONFORMING LANDSCAPING
A. Nonconforming Landscape Materials and/or Irrigation.

1. Where a development or use in a nonresidential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this Title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of 25 percent of the gross square footage of all existing buildings.

2. Where a development or use in a residential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this Title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of 50 percent of the gross square footage of all existing buildings.

B. Nonconforming Landscape Screening. Where a development or use lacks required landscape screening or has landscape screening that does not conform to the requirements of this Title, such landscape screening shall be brought into compliance at the time of any onsite physical expansion of a building(s).

C. Removal or Abandonment of Turf. Removal or abandonment of turf that is not being used for active recreational purposes shall not be allowed to be replaced except as allowed by Section 21.56.030 (Turf Limitations for New Construction and Rehabilitated Landscapes).

21.78.040. NONCONFORMING LIGHTING
See Paragraph 21.82.010.B.2 (Nonconforming Lighting).

21.78.050. NONCONFORMING SIGNS
See Section 21.52.100 (Nonconforming Signs – Copy Changes).

CHAPTER 21.79. RESERVED

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-i
Article 8: Environmental Standards
8 x
Chapter 21.80. Floodplain Management ........................................................................................................... 8-1

21.80.010. Purpose and Applicability ................................................................................................................. 8-1

21.80.020. Statutory Authorization, Findings of Fact, and Methods of Reducing Flood Losses ........................ 8-1

21.80.030. Definitions ........................................................................................................................................ 8-2

21.80.040. General Provisions........................................................................................................................... 8-9

21.80.050. Permits Required ........................................................................................................................... 8-10

21.80.060. Designation of the floodplain administrator .................................................................................... 8-11

21.80.070. Duties and Responsibilities of the Floodplain Administrator .......................................................... 8-11

21.80.080. Standards of Construction ............................................................................................................. 8-13

21.80.090. Standards for Utilities ..................................................................................................................... 8-17

21.80.100. Standards for Subdivisions and Other Proposed Development ..................................................... 8-17

21.80.110. Standards for Manufactured Homes .............................................................................................. 8-18

21.80.120. Standards for Recreational Vehicles .............................................................................................. 8-18

21.80.130. Floodways ...................................................................................................................................... 8-18

21.80.140. Variance Procedures for Floodplains ............................................................................................. 8-19

21.80.150. Appeals .......................................................................................................................................... 8-20 Chapter 21.81. Hillside Development .............................................................................................................. 8-21

21.81.010. Purpose ......................................................................................................................................... 8-21

21.81.020. Applicability .................................................................................................................................... 8-21

21.81.030. Definitions ...................................................................................................................................... 8-22

21.81.040. Hillside Development Standards .................................................................................................... 8-23

21.81.050. Modification to Hillside Development Standards ............................................................................ 8-26

21.81.060. Creation of New Lots ..................................................................................................................... 8-27 Chapter 21.82. Lighting and Illumination ........................................................................................................ 8-28

21.82.010. Purpose and Applicability ............................................................................................................... 8-28

21.82.020. Lighting Standards ......................................................................................................................... 8-29

21.82.030. Modification to Lighting Standards ................................................................................................. 8-30 Chapter 21.83. Noise ......................................................................................................................................... 8-30

21.83.010. Purpose and Applicability ............................................................................................................... 8-30

21.83.020. Findings ......................................................................................................................................... 8-31

21.83.030. Definitions. ..................................................................................................................................... 8-31

21.83.040. General Noise Regulations ............................................................................................................ 8-33

21.83.050. Sound Level Measurement Generally ............................................................................................ 8-33

21.83.060. Exterior and Interior Noise Standards ............................................................................................ 8-33

21.83.070. Noise standards applicable to short-term rentals ........................................................................... 8-35 Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-ii

21.83.080. Noise standards specifically applicable to outdoor music venues and events ............................... 8-35

21.83.090. Prohibited Noise Disturbances ....................................................................................................... 8-36

21.83.100. Exemptions .................................................................................................................................... 8-37

21.83.110. Administration ................................................................................................................................ 8-38

21.83.120. Modification to Noise Standards .................................................................................................... 8-38

21.83.130. Violation ......................................................................................................................................... 8-39

21.83.140. Other Remedies ............................................................................................................................. 8-39 Chapter 21.84. Oak Tree Preservation ............................................................................................................ 8-39 Chapter 21.85. Performance Standards - General ......................................................................................... 8-39

21.85.010. Purpose and Applicability ............................................................................................................... 8-39

21.85.020. General Performance Standards for All Uses ................................................................................ 8-39 Chapter 21.86. Surface Mining and Reclamation ........................................................................................... 8-41

21.86.010. Purpose ......................................................................................................................................... 8-41

21.86.020. Applicability .................................................................................................................................... 8-41

21.86.030. Definitions ...................................................................................................................................... 8-43

21.86.040. Incorporation of SMARA and Other State Regulations .................................................................. 8-43

21.86.050. Mineral Resource Management Policies ....................................................................................... 8-43

21.86.060. Vested Rights ................................................................................................................................ 8-43

21.86.070. Required Permit and Approvals ..................................................................................................... 8-44

21.86.080. Process .......................................................................................................................................... 8-44

21.86.090. Findings for approval ..................................................................................................................... 8-46

21.86.100. Phasing of Reclamation ................................................................................................................. 8-47

21.86.110. Financial Assurances ..................................................................................................................... 8-47

21.86.120. Interim Management Plans ............................................................................................................ 8-49

21.86.130. Annual report requirements ........................................................................................................... 8-50

21.86.140. Inspections ..................................................................................................................................... 8-50

21.86.150. Revisions to Reclamation Plans .................................................................................................... 8-51

21.86.160. Violations and Penalties ................................................................................................................. 8-51

21.86.170. Fees ............................................................................................................................................... 8-52 Chapter 21.87. Reserved .................................................................................................................................. 8-52 Chapter 21.88. Reserved .................................................................................................................................. 8-52 Chapter 21.89. Reserved .................................................................................................................................. 8-52 Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-1
CHAPTER 21.80. FLOODPLAIN MANAGEMENT

21.80.010. PURPOSE AND APPLICABILITY
A. Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow), or flood related erosion areas. These regulations are designed to:

1. Protect human life and health;

2. Minimize expenditure of public money for costly flood control projects;

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. Minimize prolonged business interruptions;

5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B. Applicability. This Chapter shall apply to all areas of special flood hazards (as defined in Section

21.80.030) within the jurisdiction of the City.

C. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for the City of El Paso de Robles, California (San Luis Obispo County) dated March 16, 1981 with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated September 16, 1981, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this Chapter. The FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs, and FBFMs are on file at the office of the City Engineer, City Hall, located at 1000 Spring Street, El Paso de Robles, CA 93446.

D. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

21.80.020. STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND METHODS OF

REDUCING FLOOD LOSSES
A. Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-2
promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council does adopt the following floodplain management regulations.

B. Findings of Fact.

1. The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to flood losses.

C. Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes methods and provisions to:

1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights, or flood velocities;

2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Control the alteration of natural floodplain, stream channels, and natural protective barriers which help accommodate or channel flood waters;

4. Control filling, grading, dredging, and other development which may increase flood damage;

5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

21.80.030. DEFINITIONS
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. Definitions included in this Section that are also defined in Chapter 21.92 (General Definitions) shall be applicable only to Chapter 21.80 (Floodplain Management).

A. A Zone. See "Special flood hazard area."
B. "Accessory structure" means a structure that is either:

1. Solely for the parking of no more than 2 cars; or

2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.

C. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

D. “Agricultural structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-3
E. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

F. “Alteration of watercourse” means a dam, impoundment, channel relocation, change in channel capacity, or any other form of modification which may alter, impede, retard, or change the direction and/or velocity of the riverine flow during conditions of the base flood.

G. "Apex" means the point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

H. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter.

I. "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

J. Area of Special Flood Hazard. See "Special flood hazard area." K. “ASCE24” means the standard Flood Resistant Design and Construction, referenced by the Building Code, developed and published by the American Society of Civil Engineers, Reston, VA.

L. "Base flood" means a flood which has a 1 percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this Chapter.

M. "Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a1 percent or greater chance of being equaled or exceeded in any given year.

N. "Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

O. “Breakaway wall” means a wall that is not part of the structural support of a structure and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the structure or supporting foundation system.

P. Building. See "Structure."
Q. “Design flood elevation” means the elevation of the highest flood (generally the base flood elevation including freeboard) that a retrofitting method is designed to protect against. Also referred to as “flood protection elevation”.

R. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.

S. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, structures, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-4
T. “Exceptional hardship” means for the purpose of Variances from these regulations or the Building Code, the exceptional difficulty that would result from a failure to grant a requested Variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting Variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

U. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 30, 1977.

V. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

W. "Flood," "flooding," or "floodwater" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (for example, mudflows), see "mudslides"; and

2. The condition resulting from flood-related erosion, see "flood-related erosion." X. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

Y. “Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

Z. “Flood damage-resistant material” means any building product (material, component, or system) capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage.

AA. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

BB. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

CC. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

DD. "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source, see "Flooding."
EE. "Floodplain Administrator" is the community individual appointed by title to administer and enforce the floodplain management regulations.

Exhibit A

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;
Exhibit A

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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.

Exhibit A

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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; Exhibit A

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."
Exhibit A

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 Exhibit A

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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 Exhibit A

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Paso Robles Zoning Code 8-11
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.

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 Exhibit A

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Paso Robles Zoning Code 8-12
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.

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);
Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-13

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);

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; Exhibit A

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Paso Robles Zoning Code 8-14

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.

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:

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-15
i. 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,
ii. The bottom of all openings shall be no higher than 1 foot above grade, iii. 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 iv. 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.

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.
i. 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.
ii. 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.
i. 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;
Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-16
(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.
ii. 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 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:
i. 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,
Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-17
ii. 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, iii. 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
iv. 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.

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.

Exhibit A

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Paso Robles Zoning Code 8-18
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:

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:

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-19
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 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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-20

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.

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; Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-21

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 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 Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-22
(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.

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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-23
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.

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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-24

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
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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-25
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 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:
i. 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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-26
ii. Architectural Enhancement. Trees and shrubs shall be planted to provide screening under decks, along walls, and as accent features. iii. Street Trees. Street trees shall be planted as required by Title 10 (Vegetation). iv. 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. v. 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).
vi. 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),
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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-27
Table 21.81.050-1: Hillside Modifications
Standard Site Plan
Modification
Development
Plan
Modification
Special Planned
Development
Zoning Code Section
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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-28
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 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:

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;
Sports fields;
Temporary holiday lighting; and
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:

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-29

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;

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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-30
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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-31

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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-32
“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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-33

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.

Exhibit A

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 Areas1 Interior 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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-35
Table 21.83.060-1:

Exterior Noise Standards for Locally Regulated (Non-Transportation) Noise Sources Receiving Land Use Period3
Exterior Areas1 Interior 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
Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-36
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.

Exhibit A

Article 8 Environmental Standards
Paso Robles Zoning Code 8-37
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.

Exhibit A