Article 8 Environmental Standards
Paso Robles Zoning Code 8-38
I. Noise sources associated with agricultural operations in zones permitting agricultural uses.
J. Noise sources associated with maintenance of residential area property, provided said activities take place between the hours of 7:00 A.M. and 8:00 P.M. on any day except Saturday or Sunday, or between the hours of 9:00 A.M. and 5:00 P.M. on Saturday or Sunday. Otherwise, the noise standards of Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) shall apply.
K. Noise generated by persons authorized to engage in waste disposal service or garbage collection, including any truck-mounted waste or garbage loading and/or composting equipment, or similar mechanical device.
21.83.110. ADMINISTRATION
The Zoning Administrator shall be responsible for:
A. Employing individuals trained in acoustical engineering or an equivalent field to assist the Zoning Administrator in the administration of this Chapter;
B. Training field inspectors;
C. Procuring measuring instruments and training inspectors in their calibration and operation; D. Conducting a public education program in all aspects of noise control; and E. Coordinating the noise ordinance with other governmental agencies.
21.83.120. MODIFICATION TO NOISE STANDARDS
A. General. Modifications to noise standards may be allowed through a Development Plan Modification (Section 21.16.020). An application for a Development Plan Modification (Section 21.16.020) shall set forth all actions taken to comply with this Chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment.
B. Findings and Decision.
1. Decision and Conditions. The Planning Commission may grant or deny the application for a Development Plan Modification to noise standards. If approved, the Modification may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning Commission may deem reasonable to achieve maximum compliance with the provisions of this Chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.
2. Findings. In addition to the findings of Subsection 21.16.020.D for a Development Plan Modification, in deciding whether to grant a Modification, the review authority shall consider all facts relating to whether strict compliance with the requirement of this Chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noise-sensitive use affected by noise from such facility. The review authority shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area affected by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment, and the general public interest and welfare.
Exhibit A
Article 8 Environmental Standards
Paso Robles Zoning Code 8-39
21.83.130. VIOLATION
The City will review the complaint and may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this Chapter. If the City has reason to believe that any provision(s) of this Chapter has been violated, they may cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this Chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the Department, upon conviction, the violation shall constitute enforcement consistent with Title 1 (General Provisions) of this Code.
21.83.140. OTHER REMEDIES
A. Provisions of this Chapter are to be construed as an added remedy of abatement of the public nuisance declared and not in conflict or derogation of any other action, proceedings, or remedies provided by law.
B. Any violation of the provisions of this Chapter shall be, and the same is declared to be unlawful and a public nuisance, and the duly constituted authorities of the City shall, upon order of the City Council, immediately commence actions or proceedings for the abatement or enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate such nuisance.
CHAPTER 21.84. OAK TREE PRESERVATION
Oak tree preservation standards shall be as provided in Chapter 10.01 (Oak Tree Preservation)..
CHAPTER 21.85. PERFORMANCE STANDARDS - GENERAL
21.85.010. PURPOSE AND APPLICABILITY
A. Purpose. This Chapter establishes performance standards intended to guard against the use of any property or structure in any zoning district in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable condition or element that adversely affects the health and safety of residents, the community, and the surrounding area and adjoining premises.
B. Applicability. The minimum requirements in this Chapter apply to all land uses in all zoning districts, unless otherwise specified.
21.85.020. GENERAL PERFORMANCE STANDARDS FOR ALL USES
Exhibit A
Article 8 Environmental Standards
Paso Robles Zoning Code 8-40
A. General Standard. Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.
B. Measurement of Impacts. Measurements necessary for determining compliance with the performance standards of this Chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
C. Fire and Explosion Hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in industry and as approved by the Fire Department. All incineration of inflammable and explosive materials is prohibited.
D. Radioactivity or Electrical Disturbance. Devices which radiate radio-frequency energy shall be operated in a manner that does not cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Further, no radiation of any kind shall be emitted which is dangerous to humans. All radio transmissions shall occur in full compliance with Federal Communications Commission (FCC) and other applicable regulations.
E. Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (for example, construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.
F. Smoke. No emission shall be permitted at any point which would constitute a violation of standards established by the San Luis Obispo County Air Pollution Control District (APCD).
G. Odors. Except for fireplaces and barbecues, no emission shall be permitted of odorous gases or other odorous matter in such quantities as to constitute a public nuisance.
H. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, animals, vegetations or other forms of property, or which can cause any excessive soiling at any point. No emissions shall be permitted in excess of the standards established by the San Luis Obispo County Air Pollution Control District (APCD).
I. Glare. No direct glare, whether produced by floodlight, high-temperature processes such as combustion or welding or other processes, so as to be visible from any boundary line of the property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by reasonable means as are practical to the end that said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. See also Chapter 21.82 (Lighting and Illumination).
J. Liquid or Solid Wastes. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accord with standards approved by the California Department of Health or such other governmental agency as shall have jurisdiction over such activities. Manufacturing, processing, treatment and other activities involving use of toxic or hazardous materials shall be designed to incorporate the best available control technologies and wherever technically feasible shall employ a "closed loop" system of containment.
Exhibit A
Article 8 Environmental Standards
Paso Robles Zoning Code 8-41
K. Transportation Systems Impacts. Vehicular, bikeway and/or pedestrian traffic, directly attributable to the proposed land use, shall not increase to a significant extent without implementation of adequate mitigation measures in a form to be approved by the City Engineer. In determining significance of impacts, consideration shall be given to cumulative (projected build-out) capacity of streets and highways serving the land use. Mitigation measures required may include but not be limited to curb, gutter, sidewalk, street and/or alley, bikeway, transit related improvements and traffic signalization. Mitigation may be required as pursuant to the California Environmental Quality Act (CEQA), or as a condition of a discretionary review.
CHAPTER 21.86. SURFACE MINING AND RECLAMATION
21.86.010. PURPOSE
A. This Chapter is adopted pursuant to Section 2710 et seq. of the California Public Resources Code (Surface Mining and Reclamation Act of 1975), and to that end, the City Council finds and declares that:
1. Mineral extraction is essential to the continued economic well-being of the City and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
2. Reclamation of mined lands as provided in this Chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
3. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.
B. The City is the lead agency for enforcing the State Surface Mining and Reclamation Act of 1975 (SMARA) regulations on all mining operations in the City, and is required to annually inspect each mining operation, ensure adequate financial assurances are secured for reclamation, and oversee mining and reclamation activities to the goals of the SMARA.
C. It is the intent of the City to create and maintain an effective and comprehensive surface mining and reclamation policy to ensure that:
1. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition that is readily adaptable for alternate land uses.
2. The production and conservation of minerals are encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
3. Residual hazards to the public health and safety are eliminated.
21.86.020. APPLICABILITY
A. The provisions of this Chapter shall apply to surface mining operations on public and private lands in the City, except as exempted in Subsection 21.86.020.B. Any applicable exemption does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the City, including the application of the California Environmental Quality Act (CEQA), the requirement of a Conditional Use Permit (CUP), the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.
Exhibit A
Article 8 Environmental Standards
Paso Robles Zoning Code 8-42
B. The provisions of this Chapter are not applicable to:
1. Excavations or grading conducted for farming or for the purpose of restoring land following a flood or natural disaster.
2. Onsite excavation and earthmoving activities that are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, provided all required permits for the improvements have been approved by the City in accordance with applicable provisions of State law and City plans and ordinances, including, but not limited to, the California Environmental Quality Act (CEQA), as specified in California Public Resources Code Section 2714(b)(1)-(4).
3. Operation of a mineral processing site, including associated on-site structures, equipment, machines, tools, or other materials, including onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:
a. The plant site is located on lands appropriately designated in the General Plan and zoned for mineral processing;
b. None of the minerals being processed are extracted on-site; and c. All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976.
4. Prospecting for and extraction of minerals for commercial purpose and the removal of overburden where total amounts are less than 1,000 cubic yards in any 1 location of 1 acre or less.
5. Surface mining operations that are required by Federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.
6. Any other mining operations that the Stale Mining and Geology Board determines to be of an infrequent nature, and which involve only minor surface disturbances.
7. Surface mining operations and emergency excavations or grading conducted by the California Department of Water Resources or the Reclamation Board as specified in California Public Resources Code Section 2714(i)(1).
8. Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes. This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations (CCR) and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the California Department of Forestry and Fire Protection.
Exhibit A
Article 8 Environmental Standards
Paso Robles Zoning Code 8-43
9. Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil and gas as specified in California Public Resources Code Section 2714(l).
10. The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition.
21.86.030. DEFINITIONS
A. “Idle” means that an operator of a surface mining operation has curtailed production at the surface mining operation with the intent to resume the surface mining operation at a future date, for a period of 12 months or more by more than 90 percent of its maximum annual mineral production within any of the last 5 years during which an interim management plan has not been approved.
B. “Surface mining” means the mining of minerals on lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to, in-place distillation or retorting or leaching; the production and disposal of mining waste; and prospecting and exploratory activities.
C. “Operator” means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.
D. “Overburden” means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.
E. “Supervisor of Mine Reclamation” means the director of the Division of Mine Reclamation of the California Department of Conservation.
21.86.040. INCORPORATION OF SMARA AND OTHER STATE REGULATIONS The provisions of the SMARA (California Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.), California Public Resources Code Section 2207, and the California Code of Regulations Section 3500 et seq.,) as those provisions may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.
21.86.050. MINERAL RESOURCE MANAGEMENT POLICIES
California Public Resources Code Sections 2762, 2763 and 2764 and Chapter 14 California Code of Regulations Section 3676, and subsequent amendments regarding mineral classification studies and General Plan resource management policies are incorporated into this Chapter.
21.86.060. VESTED RIGHTS
A. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, State regulations, and this Chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, that person shall obtain City approval of a reclamation plan covering the mined lands Exhibit A
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disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan, shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the SMARA (January 1, 1976).
B. All other requirements of State law and this Chapter shall apply to vested mining operations.
21.86.070. REQUIRED PERMIT AND APPROVALS
A. A Conditional Use Permit (CUP) shall be required for a surface mining operation that is determined not to be vested pursuant to Section 21.86.060 (Vested Rights), and shall be required for the expansion of a surface mining operation beyond the boundaries of the vested area.
B. Except as provided in this Chapter, no person shall conduct surface mining operations unless a reclamation plan has been submitted to and approved by, and financial assurances for reclamation have been approved by, the City.
21.86.080. PROCESS
A. Applications for a Conditional Use Permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Zoning Administrator and shall be submitted together in a single application. The forms for a reclamation plan application shall require, at a minimum, each of the elements required by the California Public Resources Code Sections 2772 and 2773, Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and any other requirements determined necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the Zoning Administrator.
B. Within 30 days of determination of completeness of an application for a Conditional Use Permit for surface mining operations and/or a reclamation plan as complete, the Community Development Department shall submit the reclamation plan to the Supervisor of Mine Reclamation for review and certify to the Supervisor of Mine Reclamation that the reclamation plan is a complete submission that is consistent with this Chapter, the SMARA, Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. The Supervisor shall have 30 days from the receipt of the reclamation plan to notify the City and operator if the submission does not meet the content requirements of California Public Resources Code Sections 2772, 2773, and 2773.3 and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and is incomplete.
C. The Supervisor of Mine Reclamation shall have 30 days after the date of receipt of the reclamation plan to notify the City if the submission is incomplete and to prepare written comments on the reclamation plan if the Supervisor chooses. The Community Development Department shall prepare a written response to the Supervisor’s comments received describing the major issues raised by the comments. The Community Development Department shall submit its response to the Supervisor at least 30 days prior to the intended approval of the reclamation plan. The Community Development Department’s response shall either describe how the City proposes to adopt the Supervisor’s comments on the reclamation plan, or describe in detail the reasons why the City proposes not to adopt the Supervisor’s comments. The Community Development Department shall promptly forward any written comments received and responses prepared by the Community Development Department to the operator.
Exhibit A
Article 8 Environmental Standards
Paso Robles Zoning Code 8-45
D. Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within 1 mile, upstream or downstream, of any State highway bridge, the Community Development Department shall notify the State Department of Transportation that an application has been received. The Department of Transportation shall have a period of not more than 45 days to review and comment on the proposed surface mining operations, and the City shall not issue or renew the permit until the Department of Transportation has submitted its comments or until 45 days from the date the application for the permit was submitted, whichever occurs first.
E. The Community Development Department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
F. Subsequent to the appropriate environmental review, the Community Development Department shall prepare a staff report with recommendations for consideration by the Planning Commission, which incorporates input from any other affected department or agency.
G. The City shall give the Supervisor of Mine Reclamation at least 30 days written notice of the time, place, and date of the hearing at which the reclamation plan is scheduled to be approved by the City, or, if no hearing is required, the City shall provide 30 days written notice to the Supervisor that the City intends to approve the reclamation plan.
H. The Planning Commission shall hold at least 1 noticed public hearing on the Conditional Use Permit and/or reclamation plan.
I. The City’s review of reclamation plans is limited to whether the plan substantially meets the applicable requirements of California Public Resources Code Sections 2772, 2773.3 and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and this Chapter adopted pursuant to California Public Resources Code Section 2774(a)). Reclamation plans determined to substantially meet these requirements shall be approved by the City for the purposes of this Chapter.
J. The Planning Commission shall then take action to approve, conditionally approve, or deny the Conditional Use Permit and/or reclamation plan, except where pre-empted by the California Public Resources Code.
The Planning Commission's action shall be final, subject to appeal as provided in Chapter 21.25 (Appeals and Calls for Review).
K. If a Conditional Use Permit is being processed concurrently with the reclamation plan, the Planning Commission may also conceptually approve the Conditional Use Permit at this time. However, the Planning Commission may defer action on the Conditional Use Permit until taking final action on the reclamation plan.
If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the Conditional Use Permit with the condition the Community Development Department shall not release the mining operation for occupancy until financial assurances have been reviewed by the Supervisor of Mine Reclamation and final action has been taken on the reclamation plan.
L. Within 30 days following the approval of the reclamation plan, the City shall provide the Supervisor of Mine Reclamation notice of the reclamation plan and Conditional Use Permit approval. The City shall provide as soon as practicable, but no later than 60 days after approval of the reclamation plan, certified copies of all maps, diagrams, or calculations, signed and sealed.
M. No later than 60 days after the approval of the reclamation plan, the City shall provide to the Supervisor of Mine Reclamation an official copy of the approved reclamation plan. The official copy shall incorporate all approved modifications to the reclamation plan and shall include an index showing any permit conditions or Exhibit A
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approval or binding mitigation measures adopted or certified pursuant to CEQA that are necessary to meet the requirements of subdivision (c) of California Public Resources Code Section 2772, California Public Resources Code Sections 2773 and 2773.3, and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. Those conditions of approval and mitigation measures shall be included in an appendix to the reclamation and shall be considered part of the reclamation compliance requirements and subject to the annual inspection.
N. The City, upon approval of a reclamation plan or an amendment to a reclamation plan, shall record a “Notice of Reclamation Plan Approval” with the County recorder. The notice shall read: “Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the City of El Paso de Robles, a copy of which is on file with the City Clerk.” The notice shall also include the name of the owner of record of the mine operation, the name of the City, and the acknowledged signature of the City representative. A copy of the final approved reclamation plan shall be kept on the mining site at all times.
21.86.090. FINDINGS FOR APPROVAL
In addition to findings for the approval of Conditional Use Permits (Section 21.19.050), approval for surface mining operations shall include a finding that the project complies with the provisions of State law and regulations.
A. For reclamation plans, the following findings shall be made by the reviewing authority prior to approval:
1. The reclamation plan and goals and potential use of reclaimed land pursuant to the plan are consistent with this Chapter, the City's General Plan, and zoning for the area.
2. The reclamation plan complies with the purpose, intent, and requirements of this Chapter.
3. The project has been reviewed pursuant to CEQA, all adverse impacts related to the reclamation plan have been mitigated by the plan and/or the recommended condition(s) of approval, and the appropriate environmental determination has been adopted.
4. The reclamation plan complies with the requirements of the State Surface Mining and Reclamation Act of 1975, specifically California Public Resources Code Sections 2772 and 2773, and the Reclamation Standards specified in California Code of Regulations Title 14, Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713.
5. The reclamation plan has been forwarded to the Supervisor of Mine Reclamation, as prescribed in this Chapter, and in accordance with California Public Resources Code Section 2772.1, including all applicable documentation required for submission as outlined in California Public Resources Code Section 2772.1.
6. Through implementation of the reclamation plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible;
7. The land and/or resources to be reclaimed will be restored to a condition that is compatible with the surrounding environment;
8. The reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with any applicable air quality and/or water quality resources plan and/or that suitable off-site Exhibit A
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development will compensate for related disturbances to resource values existing after reclamation is completed;
9. The reclamation plan will restore the mined lands to a usable condition which is adaptable for alternative land uses consistent with the general plan and any other applicable plan or element;
10. A written response to the Supervisor of Mine Reclamation has been prepared, describing the disposition of major issues regarding the reclamation plan raised by the Supervisor. Where the City's position is at variance with the recommendations and objections raised by the Supervisor, the City has prepared detailed responses regarding why specific comments and suggestions of the Supervisor were not accepted.
21.86.100. PHASING OF RECLAMATION
A. Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations if it is determined to be necessary to ensure the success of final reclamation or for health and safety purposes. Reclamation may be done on an annual basis, or in stages compatible with continuing operations, or on completion of all excavation, removal, or fill as approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: the approximate length of time for completion of each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in Section
21.84.110 (Financial Assurances). The reclamation schedule shall be approved as part of the reclamation plan pursuant to Section 21.86.080 (Process).
21.86.110. FINANCIAL ASSURANCES
In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the City shall require, as a conditional of approval, one or more forms of security which will be released upon satisfactory performance. The applicant shall post security in the form of a corporate surety bond executed by an admitted surety insurer as defined in subdivision (a) of Section 995.120 of the Code of Civil Procedure, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the City and the Department of Conservation as specified by the State Mining and Geology Board pursuant to California Public Resources Code Section 2773.1(e). Financial assurances shall be made payable to the City of El Paso de Robles and Department of Conservation. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is complete. The financial assurance cost estimates shall be submitted to the City for review on a form developed by the Supervisor of Mine Reclamation and approved by the State Mining and Geology Board.
Prior to approving the financial assurance cost estimate, the City shall submit the financial assurance cost estimate to the Supervisor of Mine Reclamation for review. No later than 15 days after receiving the estimate, the Supervisor shall notify the City and the operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the Mining and Geology Board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. The Supervisor shall specifically identify all aspects of the submission that are incomplete and shall have 45 days from the date of receipt of the cost estimate to prepare written comments if the Supervisor chooses to provide written comments.
The City shall evaluate written comments received from the Supervisor of Mine Reclamation relating to the financial assurance cost estimate and submit written responses on the comments raised to the Supervisor at least 30 days Exhibit A
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prior to the approval of the financial assurance cost estimate. The City’s response shall include either a description of how the Community Development Department proposes to adopt the Supervisor’s comments on the cost estimate, or a detailed description of the reasons why the Community Development Department proposes to not adopt the Supervisor’s comments. Copies of the written comments received and responses prepared by the Community Development Department shall be provided to the operator.
If the Community Development Department proposes to not adopt the Supervisor of Mine Reclamation’s comments relating to the financial assurance cost estimate, the Supervisor may within 15 days of the City’s written response request in writing a consultation with the City to discuss the Supervisors comments and City’s responses, which shall occur not later than 30 days after the Supervisor’s request for consultation. If the Supervisor requests a consultation, the City shall not approve the financial assurance cost estimate until after consulting with the Supervisor.
A. The City shall give the Supervisor of Mine Reclamation at least 30 days notice of the time, place, and date of the hearing before the City at which time the financial assurance is scheduled to be approved by the City.
If no hearing is required, the City shall provide 30 days written notice to the Supervisor that it intends to approve the financial assurance. The City shall send to the Supervisor its final response to the Supervisor’s comments within 30 days following its approval of the financial assurance. Financial assurances shall be required to ensure compliance with elements of the reclamation plan including, but not limited to, revegetation and landscaping requirements; restoration of water bodies and water quality; slope stability and erosion and drainage control, disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the reclamation plan shall be monitored by the Community Development Department.
B. Financial assurances shall not be released until written notification has been made by the Zoning Administrator to the mining operator and the Supervisor of Mine Reclamation that reclamation has been completed in accordance with the approved reclamation plan, and the Supervisor and City consent to the release of the financial assurance. The amount of financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the reclamation plan, including any irrigation and maintenance of reclaimed areas as may be required. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator; such estimates shall be approved by the Zoning Administrator. Financial assurances may be based upon estimates, including but not necessarily limited to, the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with revegetation, restoration of wildlife habitat, and any other applicable element of the reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.
C. In projecting final costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the City or State may need to construct with a third-party commercial company for mobilization and reclamation on the site.
D. Where reclamation is accomplished in annual increments, the amount of financial assurances required for any 1 year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operation by the end of the following year.
The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be Exhibit A
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subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subsequent years of the operation shall be handled in the same manner.
E. Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation.
F. If a change of ownership occurs, the existing financial assurances remains in force until a replacement financial assurance is approved by the City.
21.86.120. INTERIM MANAGEMENT PLANS
A. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Community Development Department an interim management plan. The interim management plan shall fully comply with requirements of California Public Resources Code Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the Conditional Use Permit and/or reclamation plan approval. The interim management plan shall be processed as a minor revision to the reclamation plan pursuant to Section 21.86.150 (Revisions to Reclamation Plans), and shall not be considered a project for the purposes of CEQA. The interim management plan shall only provide for the necessary measures the operator will implement during its idle status to maintain the site in compliance with the SMARA, including, but not limited to, all permit conditions.
B. The financial assurances required by Section 21.86.110 (Financial Assurances) shall remain in effect during the period that the surface mining operation is idle. If the operation is still idle after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
C. Within 45 days of receipt of the interim management plan, the City shall review the interim management plan and determine if it is consistent with this Chapter. If the interim management plan is consistent, the City shall forward the plan to the Supervisor of Mine Reclamation for review and certify to the Supervisor of Mine Reclamation that the interim management plan is a complete submission that is consistent with this Chapter, Article 1 (commencing with Section 3500), and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. If the City determines that the interim management plan is inconsistent with this Chapter, the City shall notify the operator in writing of any deficiencies in the plan. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the City, to submit a revised interim management plan.
D. The Supervisor of Mine Reclamation shall have 30 days after receipt to prepare written comments on the interim management plan, if he/she so chooses. The City shall review and evaluate written comments received from the Supervisor related to the interim management plan, prepare a written response to the Supervisor’s comments describing the disposition of the major issues raised by the comments, and shall either:
1. Describe how the City proposes to adopt the Supervisor’s comments on the interim management plan; or
2. Prepare a detailed description of the reasons why the City proposes not to adopt the Supervisor’s comments. The City shall submit its response to the Supervisor and the operator at least 30 days prior to the intended approval of the interim management plan.
E. Where the Supervisor of Mine Reclamation has commented on the interim management plan, the City shall give the Supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the City, or, if no hearing is required, the City shall Exhibit A
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Paso Robles Zoning Code 8-50
provide 30 days written notice to the Supervisor that the City intends to approve the new interim management plan.
F. Within 30 days following the approval of the interim management plan, the City shall provide the Supervisor notice of the approval and a copy of the approved interim management plan.
G. The Zoning Administrator shall approve or deny approval of the interim management plan pursuant to the process in Section 21.86.150 (Revisions to Reclamation Plans) within 60 days of receipt of the Supervisor’s comments or within 90 days of submitting the interim management plan to the Supervisor if no comments are received from the Supervisor. If the City Zoning Administrator denies approval of the interim management plan, the operator may appeal that action to the Planning Commission, which shall schedule a public hearing within 45 days of the filing of the appeal or a longer period mutually agreed upon by the operator and the City.
H. Unless review of an interim management plan is pending before the City or an appeal is pending, a surface mining operation that remains idle for over 1 year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.
I. Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan.
J. The interim management plan may remain in effect for a period not to exceed 5 years, at which time the Planning Commission may either:
1. Renew the plan for another period not to exceed 5 years which may be renewed for 1 other 5-year period at the expiration of the first 5-year renewal period, if the City finds the operator has complied fully with the interim management plan, or
2. Require the operator to commence reclamation in accordance with its approved reclamation plan.
21.86.130. ANNUAL REPORT REQUIREMENTS
A. The owner of a surface mining operation shall forward to the Community Development Department and the Supervisor of Mine Reclamation an annual report not later than a date established by the Supervisor, upon forms approved by the State Mining and Geology Board, which shall include all items provided in California Public Resources Code Section 2207(a)(1) through (16).
B. New mining operations shall file an initial surface mining report and any applicable filing fees with the Supervisor of Mine Reclamation within 30 days of permit approval, or before commencement of operations, whichever is sooner.
C. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the Supervisor of Mine Reclamation at the time of filing the annual surface mining report.
21.86.140. INSPECTIONS
A. The Community Development Department shall arrange for inspection of a surface mining operation within 6 months of receipt of the annual report required in Section 21.86.130 (Annual Report Requirements) to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and State regulations.
Exhibit A
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B. In no event shall more than 1 inspection be conducted in any 12-month period. The inspections may be made by a State-registered geologist, State-licensed civil engineer, State-licensed landscape architect, State-registered forester, or other qualified specialist who has not been employed by the mining operation in any capacity during the previous 12 months, as selected by the Community Development Department. All inspections shall be conducted using a form developed by the Division of Mine Reclamation and approved by the State Mining and Geology Board that includes the professional licensing and disciplinary information of the person who conducted the inspection. The Community Development Department shall notify the Supervisor of Mine Reclamation within 90 days of completion of the inspection. The notice shall contain a statement regarding the surface mining operation’s compliance with the SMARA and a copy of the completed inspection form, and shall specify the items listed in California Public Resources Code Section 2774(b)(A) through (D). The City shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including any inspection report prepared by the inspector. The operator shall be solely responsible for the reasonable cost of such inspection.
21.86.150. REVISIONS TO RECLAMATION PLANS
A. Revisions to Approved Plans. Requests for revisions of approved reclamation plans shall be processed in the same manner as original applications for reclamation plan reviews pursuant to Section 21.86.080 (Process) unless they are determined to be minor modifications.
B. Minor Revisions to Approved Plans. Applications for minor revisions may be submitted for review by the review authority in connection with the following, as long as it is not in incompatible with existing conditions and/or plans:
1. To allow the minor recontouring of final topography, providing slope stability is maintained and substantiated, affecting no more than 10 percent of the site;
2. To allow minor modification or addition of site access;
3. To allow a minor substitution in the reclamation plan, provided it does not substantially alter the intended end use described in the approved reclamation plan;
4. To allow minor technological and/or administrative changes in methods used to achieve reclamation;
5. To allow measures to be taken that will ensure and/or maintain public safety (such as fences, gates, signs or hazard removal), provided it does not substantially alter the intended end use described in the approved reclamation plan;
6. To allow minor modifications to a previously approved phasing plan; and/or
7. To allow interim management plans.
21.86.160. VIOLATIONS AND PENALTIES
If the Community Development Department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface operation is not in compliance with this Chapter, the applicable permit and/or the reclamation plan, the City may follow the administrative procedures set forth in California Public Resources Code Sections 2774.1 and 2774.2 concerning violations and penalties, including penalties assessed for late reporting pursuant to California Public Resources Code Section 2207; however, such remedy is in addition to all of the provisions and remedies of this Code, State law, and any law cognizable at common law or in Exhibit A
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equity, and nothing in this Chapter shall be interpreted or construed to supersede or limit any and all other remedies, whether administrative, civil, or criminal.
21.86.170. FEES
The City shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Chapter and the State regulations, including but not limited to processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Reasonable costs include, but are not limited to, the applicant paying the costs of hiring a third-party civil engineer to oversee compliance with the provisions of this Chapter.
CHAPTER 21.87. RESERVED
CHAPTER 21.88. RESERVED
CHAPTER 21.89. RESERVED
Exhibit A
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Paso Robles Zoning Code 9-i
Article 9: Terms and Definitions
9 x
Chapter 21.90. Purpose ...................................................................................................................................... 9-1
21.90.010. Purpose and Applicability ................................................................................................................. 9-1
21.90.020. Organization .................................................................................................................................... 9-1
21.90.030. Other Definition Sections ................................................................................................................. 9-1 Chapter 21.91. Land Use Definitions ................................................................................................................. 9-2
21.91.010. General Land Use Classifications .................................................................................................... 9-2
21.91.020. “A” Definitions .................................................................................................................................. 9-2
21.91.030. “B” Definitions .................................................................................................................................. 9-3
21.91.040. “C” Definitions .................................................................................................................................. 9-3
21.91.050. “D” Definitions .................................................................................................................................. 9-5
21.91.060. “E” Definitions .................................................................................................................................. 9-5
21.91.070. “F” Definitions .................................................................................................................................. 9-6
21.91.080. “G” Definitions .................................................................................................................................. 9-6
21.91.090. “H” Definitions .................................................................................................................................. 9-7
21.91.100. “I” Definitions .................................................................................................................................... 9-7
21.91.110. “J” Definitions ................................................................................................................................... 9-8
21.91.120. “K” Definitions .................................................................................................................................. 9-8
21.91.130. “L” Definitions ................................................................................................................................... 9-8
21.91.140. “M” Definitions .................................................................................................................................. 9-8
21.91.150. “N” Definitions .................................................................................................................................. 9-9
21.91.160. “O” Definitions .................................................................................................................................. 9-9
21.91.170. “P” Definitions .................................................................................................................................. 9-9
21.91.180. “Q” Definitions ................................................................................................................................ 9-10
21.91.190. “R” Definitions ................................................................................................................................ 9-10
21.91.200. “S” Definitions ................................................................................................................................ 9-11
21.91.210. “T” Definitions ................................................................................................................................ 9-12
21.91.220. “U” Definitions ................................................................................................................................ 9-13
21.91.230. “V” Definitions ................................................................................................................................ 9-13
21.91.240. “W” Definitions ............................................................................................................................... 9-14
21.91.250. “X” Definitions ................................................................................................................................ 9-14
21.91.260. “Y” Definitions ................................................................................................................................ 9-14
21.91.270. “Z” Definitions ................................................................................................................................ 9-15 Chapter 21.92. General Definitions .................................................................................................................. 9-15
21.92.010. “A” Definitions ................................................................................................................................ 9-15
21.92.020. “B” Definitions ................................................................................................................................ 9-16 Exhibit A
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21.92.030. “C” Definitions ................................................................................................................................ 9-17
21.92.040. “D” Definitions ................................................................................................................................ 9-18
21.92.050. “E” Definitions ................................................................................................................................ 9-19
21.92.060. “F” Definitions ................................................................................................................................ 9-20
21.92.070. “G” Definitions ................................................................................................................................ 9-20
21.92.080. “H” Definitions ................................................................................................................................ 9-21
21.92.090. “I” Definitions .................................................................................................................................. 9-22
21.92.100. “J” Definitions ................................................................................................................................. 9-23
21.92.110. “K” Definitions ................................................................................................................................ 9-23
21.92.120. “L” Definitions ................................................................................................................................. 9-23
21.92.130. “M” Definitions ................................................................................................................................ 9-24
21.92.140. “N” Definitions ................................................................................................................................ 9-25
21.92.150. “O” Definitions ................................................................................................................................ 9-26
21.92.160. “P” Definitions ................................................................................................................................ 9-26
21.92.170. “Q” Definitions ................................................................................................................................ 9-27
21.92.180. “R” Definitions ................................................................................................................................ 9-27
21.92.190. “S” Definitions ................................................................................................................................ 9-28
21.92.200. “T” Definitions ................................................................................................................................ 9-30
21.92.210. “U” Definitions ................................................................................................................................ 9-31
21.92.220. “V” Definitions ................................................................................................................................ 9-31
21.92.230. “W” Definitions ............................................................................................................................... 9-31
21.92.240. “X” Definitions ................................................................................................................................ 9-32
21.92.250. “Y” Definitions ................................................................................................................................ 9-32
21.92.260. “Z” Definitions ................................................................................................................................ 9-33 Exhibit A
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CHAPTER 21.90. PURPOSE
21.90.010. PURPOSE AND APPLICABILITY
This article provides definitions of the technical and other terms and phrases used in this Title (Zoning Code) as a means of providing consistency in its interpretation. Where any definition in this article may conflict with definitions in other titles of the Municipal Code, these definitions shall prevail for the purposes of this Code, except as specified in Section 21.90.030 (Other Definition Sections). If a word is not defined in this chapter or in other provisions of the municipal code, the most common dictionary definition in the American Heritage Dictionary is presumed to be correct.
21.90.020. ORGANIZATION
This Article is subdivided into the following chapters:
A. Chapter 21.91 (Land Use Definitions) applies to land uses and activities identified in Table 21.32-1 (Zoning District Use Regulations) of Chapter 21.32 (Land Use Regulations in Zoning Districts) B. Chapter 21.92 (General Definitions) applies to all other terms used in Title 21 (Zoning Code).
21.90.030. OTHER DEFINITION SECTIONS
In addition to the definitions provided in this chapter, definitions are contained in the following sections of this Title.
Where any definition of this Article may conflict with definitions in other Titles of the Municipal Code, these definitions shall prevail, except in the Chapter in which they are located.
A. Section 21.58.020 of Chapter 21.58 (Accessory Dwelling Units) B. Section 21.59.020 of Chapter 21.59 (Adult Business Uses) C. Section 21.60.020 of Chapter 21.60 (Cannabis)
D. Section 21.64.020 of Chapter 21.64 (Short-Term Rentals) E. Section 21.52.020 of Chapter 21.52 (Signs)
F. Section 21.56.020 of Chapter 21.56 (Water Efficient Landscaping) G. Section 21.66.020 of Chapter 21.66 (Wireless Communications Facilities) H. Section 21.80.030 of Chapter 21.80 (Floodplain Management).
I. Section 21.81.030 of Chapter 21.81 (Hillside Development) J. Section 21.83.030 of Chapter 21.83 (Noise)
K. Section 21.86.030 of Chapter 21.86 (Surface Mining and Reclamation) Exhibit A
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CHAPTER 21.91. LAND USE DEFINITIONS
21.91.010. GENERAL LAND USE CLASSIFICATIONS
This Chapter provides definitions of the land uses and activities identified in Table 21.32-1 (Zoning District Use Regulations) of Chapter 21.32 (Land Use Regulations in Zoning Districts)
21.91.020. “A” DEFINITIONS
Accessory Dwelling Unit. Dwelling unit accessory to a primary dwelling unit with complete kitchen and bathroom for 1 or more persons regulated by California Government Code Sections 66310 – 66342 and Chapter 21.58 of this code.
Accessory Land Use. See “Use, Accessory” in General Definitions (Chapter 21.92).
Adult Entertainment Uses. See Chapter 21.59 (Adult Business Uses).
Airport, Landing Strip, Helicopter, Spaceport Operations. Supply of air terminal, airfield, spaceport (site used for launching and receiving spacecrafts), and other airport, helicopter, or spaceport infrastructure operation services on a fee or contract basis.
Amphitheaters/Stadiums. Outdoor assembly facility where groups of people gather for music, sporting, and similar events.
Assembly Facility - General (Large). A facility with 50,000 square feet or more where large groups of people gather for public or private meetings, such as convention centers. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities uses that represent more than 20 percent of overall square footage, or facilities such as day care centers and schools that are separately classified and regulated.
Assembly Facility - General (Small). A facility with less than 50,000 square feet or more where small groups of people gather for public or private meetings, including community centers, banquet centers, civic and private auditoriums, union halls, meeting halls for clubs, and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities uses that represent more than 20 percent of overall square footage, or facilities such as day care centers and schools that are separately classified and regulated.
Assembly Facility - Religious. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy.
Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other related operations, are classified according to their respective activities.
Animal Keeping, Commercial. The commercial maintenance and caring for farm animals including bees, poultry, rabbits, sheep, goats, and cattle. See Section 21.69.040. Does not include “Equestrian Facilities”, which is defined separately. Animal Keeping that is accessory to a residential use is regulated by Section 21.69.050 (Animal Keeping, Commercial).
Auto Repair. See “Vehicle Services and Repair”.
Exhibit A
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21.91.030. “B” DEFINITIONS
Bed and Breakfast Inn. A residential dwelling containing 3 to 5 bedrooms rented for compensation for an occupancy period of 30 consecutive calendar days or less. May include a permit issued by the County health department for food service (not constituting a restaurant operation providing for persons other than guests) and which may be used for special events only when special events are authorized by a Conditional Use Permit issued in compliance with this Code. See Chapter 21.69.060 (Bed and Breakfast Inns) for applicable regulations.
Boardinghouse. See “Communal Housing”.
Broadcasting Studios. An establishment containing 1 or more studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. Does not include “Wireless Communication Facilities”, which are defined separately.
Business, Retail. See “Retail - General”.
Business Support Services. Establishments providing goods and services to other businesses and individuals on a fee or contract basis, including printing and copying, advertising and mailing, office security, custodial services, photo finishing, including associated delivery services with 2 or fewer fleet vehicles on site.
Business, Wholesale. See “Warehousing, Wholesale, or Distribution”.
21.91.040. “C” DEFINITIONS
Camping. See “Rural Recreation and Camping”.
Car Wash. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities as a primary use.
Cardrooms. Any building or structure, or any portion of a building or structure, or any premises or place where any person or persons are allowed to play commercial gambling card games as regulated by the California Gambling Control Act (Business and Professions Code Section 19800).
Caretaker Residence. A permanent dwelling unit that is secondary or accessory to a nonresidential use of the property and used for housing a caretaker employed on the site where needed for security purposes or to provide 24- hour care or monitoring of people, animals, equipment, or other conditions on the site.
Certified Farmers Markets and Year-Round Roadside Produce Stands. Open air markets or roadside produce stands, approved by the County Agricultural Commissioner and County Health Department, in which farmers sell their crops directly to the public. Certified Farmers Markets are generally conducted once weekly. To participate in these markets, farmers must obtain a certificate from the County Agricultural Commissioner verifying that they grow the items they sell. Does not include “Outdoor Temporary and/or Seasonal Sales”, which are defined separately.
Cemeteries. Land primarily used for interment of human remains.
Cocktail Lounges and Bars. Any establishment that sells or serves alcoholic beverages for consumption on the premises as the primary use. Includes establishments that may operate as a different use during portions of the day and as a cocktail lounge or bar during another portion of the day. Includes any connected area that is owned, leased, Exhibit A
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or rented, or controlled by the licensee. May include dancing and live amplified entertainment. Includes stand-alone tasting rooms where alcoholic beverages from multiple vendors are sold and consumed on-site. Does not include “Adult Entertainment Businesses”, or “Tasting Rooms”, which are defined separately.
Commercial Kitchen. A food establishment where food is stored, prepared, portioned, or packaged for service elsewhere, and from which vending vehicles selling food may be serviced.
Commercial Animal Keeping. See Animal Keeping, Commercial.
Commercial Recreation Facility - Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including bowling alleys, coin-operated amusement arcades, dance halls, clubs and ballroom, electronic game arcades (video games, pinball, etc.), ice skating and roller skating, pool and billiard rooms as primary uses. Does not include “Adult Entertainment Uses”, “Cardrooms”, or “Theatres”, which are defined separately.
Commercial Recreation Facility - Outdoor. Establishments providing permanent outdoor amusement and entertainment services for a fee or admission charge, including amusement parks, golf courses, driving ranges, gocart courses, tennis courts, pools, and waterslides. Does not include “Amphitheaters”, “Hot Springs Resort/Spa”, “Temporary Uses” (e.g., Circuses, Carnivals, Fairs, Festivals and Concerts), or “Public Parks and Recreation Facilities”, which are defined separately.
Communal Housing. Shared living quarters without separate kitchen facilities for each room or unit, where 5 or more rooms or beds are rented individually to tenants under separate rental agreements, with or without meal service included. This classification includes convents and monasteries, rooming and boarding houses, dormitories, heavy cooperatives, and other types of organizational housing intended for long-term occupancy (more than 30 consecutive calendar days) but excludes transient occupancy uses, and “Residential Care Facilities”, “Supportive Housing”, and “Transitional Housing”, which are defined separately.
Composting, Green Waste Facility. A solid waste facility that utilizes a controlled biological process of degrading non-hazardous solid waste. A facility may include materials processing and hauling equipment; structures to control drainage; and structures to collect and treat leachate; and storage areas for the incoming waste, the final products, and residual materials.
Contracted Services. Establishments or places of business primarily engaged in construction and maintenance activities, such as plumbing, heating and air conditioning, janitorial, and pest extermination.
Crop Production and Processing. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing, but not cooking. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. Excludes uses for which other garden, nursery or landscape merchandise are stored and sold on the site. This use classification excludes “Food and Kindred Products Processing” and “Wineries, Breweries and Distilleries”, which are defined separately.
Cultural Institutions. Institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes buildings of an educational, charitable, or philanthropic nature; libraries; museums; historical sites; art galleries, and art studios for painters, sculptors, and other artists. This use classification excludes “Broadcasting Studios”, which is defined separately.
Exhibit A
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21.91.050. “D” DEFINITIONS
Day Care Center. Establishments providing non-medical care for persons on a less than 24-hour basis other than “Family Day Care Home””. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a Day Care Center. See also “Family Day Care Home”.
Domestic Violence Shelter. See “Emergency Shelters - Domestic Violence.” Drive-Through Restaurants. See “Restaurants - Drive Through”
Drive-Through Facilities. Facilities where services and purchases of minor items may be obtained by motorists without leaving their vehicles. Examples of such facilities include drive-up bank teller windows, pharmacies, dry cleaners, coffee kiosks and other similar uses. Excludes “Drive-Through Restaurants”, which are defined separately.
Dwelling. See “Single-Family Dwelling”, “Multi-Family Dwelling”, “Accessory Dwelling Unit”, and “Urban Dwelling Unit”.
21.91.060. “E” DEFINITIONS
Electricity Generation and Storage Facilities. Solar farms, battery energy storage systems (BESS), and similar uses as a primary use. Does not include standard electrical transmission poles and lines, which are defined as “Public Utilities Facilities, Major or Minor”. Does not include solar panels or other accessory electrical generation that is accessory to an approved residential use.
Equestrian Facility. Commercial establishment for the maintenance, boarding, training, or competing of horses. May also include riding academies and schools, boarding stables, and exhibition facilities.
Equipment Rental. Outdoor storage of construction, special event, and similar equipment for rental together with incidental maintenance. Does not include outdoor storage without rental as a primary use.
Employee Housing - Small. Employee housing per Section 17021.5 of the California Health and Safety Code for 6 or fewer employees. See Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.
Employee Housing - Large. Employee housing per Section 17021.6 of the California Health and Safety Code consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household. See Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.
Emergency Shelter - General. Housing with minimal supportive services for homeless persons that is limited to occupancy of 180 days per calendar year or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (California Health and Safety Code Section 50801(e).
Emergency Shelter - Domestic Violence. A residential facility serving as a center to receive and house persons who are victims of domestic violence, including dependents of the victim, to provide temporary boarding, lodging, counseling, and day care, limited to occupancy of 6 months or less.
Emergency Shelter - Low Barrier Navigation Center. A Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier Exhibit A
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includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See California Government Code Section 65660.
21.91.070. “F” DEFINITIONS
Family Day Care Home. A day-care facility for children under the age of 18 for periods of fewer than 24 hours a day licensed by the State, which is located in a dwelling unit, where a resident of the dwelling provides care and supervision for 14 or fewer children (or capacity limits as set forth by the State, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78. For larger and commercial facilities see “Day Care Center”.
Farmers’ Market. See “Certified Farmers Market and Year-Round Roadside Produce Stands”.
Financial Institutions. A bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money. Does not include check cashing stores.
Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption including groceries, supermarkets, mini-marts, delis, liquor stores, specialty food stores.
Food and Kindred Products Processing. Facilities that cook, manufacture, package, label, or store food and related products including animal processing for consumption off site but do not provide products directly to a consumer. Uses do not include any retail components unless such retail sales are permitted in the applicable zoning district. This use classification excludes “Wineries, Breweries and Distilleries”, which is defined separately. See also “Industrial – Artisan” for small scale facilities that include onsite sales.
Food Truck. A vending vehicle selling food and/or beverages in an operable motorized coach or trailer with current Department of Motor Vehicles registration and a current food safety permit acceptable to the San Luis Obispo County Environmental Health Services Division.
Food Truck Court. An area designated for 2 or more food trucks to park for the purpose of selling food and beverages.
Fuel Sales. See “Vehicle Fuel Sales” and “Vehicle Charging Station”.
Funeral Services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses may include crematories, columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.
21.91.080. “G” DEFINITIONS
Garage, Automotive. See “Vehicle Services and Repair.”
Gasoline Service Station. See “Vehicle Fuel Sales and Accessory Service.” Government Buildings and Facilities. A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public; in some circumstances, government buildings and facilities may not be open to the public. Does not include government operated day cares, schools, hospitals and similar uses.
Exhibit A
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Grazing, Temporary. The temporary use of animals for vegetation management typically for fire prevention, not exceeding 6 months in any year.
Group Care Homes. See “Residential Care Facilities – Limited”.
21.91.090. “H” DEFINITIONS
Home Occupation Business. The conduct of a business within a dwelling unit or residential site with the business activity being subordinate to the residential use of the property.
Homeless Shelter. See “Emergency Shelter”.
Hospital. See “Medical Services - Hospitals”.
Hot Springs/Resort Spa. Establishments providing health and beauty treatment through such means as built-in spas, steam baths, and saunas as a primary use. Does not include “Lodging”, which is defined separately.
Hotels and Motels. Any building or portion thereof containing 6 or more guest rooms rented for compensation for an occupancy period of 30 consecutive calendar days or less.
21.91.100. “I” DEFINITIONS
Industrial – Artisan. The small-scale (no more than 5,000 square feet) manufacture and/or processing of consumeroriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects; that generates limited associated trucking activity; and includes retail sales of the goods produced on site. Includes activities such as jewelry making, art glass, ceramics, paintings, sculpture, small-scale woodworking, small-scale food production, and other maker spaces.
Industrial - Light. The manufacture and/or processing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light industries generally require limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of electronic instruments, equipment, and appliances; pharmaceutical manufacturing; and production apparel manufacturing. Includes activities such as processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, and distribution of the parts or products.
Industrial - Heavy. The manufacture and/or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies. Includes activities such as processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, and distribution of the parts or products This classification does not include “Recycling Collection Centers”, which is defined separately.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-8
21.91.110. “J” DEFINITIONS
Junkyard. The use of more than 100 square feet of the area of any lot for the storage of junk, including scrap metals, salvage, or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.
21.91.120. “K” DEFINITIONS
Kennel. The commercial provision of shelter/kenneling of 4 or more dogs, cats, and other household animals, including activities associated with such shelter (e.g., feeding, exercising, grooming, and incidental medical care).
21.91.130. “L” DEFINITIONS
Living Groups. See Communal Housing.
Lodging. See “Bed and Breakfast Inn”, “Hotels and Motels”, “Recreation Vehicle Parks”, and “Rural Recreation and Camping.”
Low Barrier Navigation Center. See Emergency Shelter - Low Barrier Navigation Center.
21.91.140. “M” DEFINITIONS
Massage Parlor. See “Personal Services - Restricted.”
Medical Services - Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples include medical offices of 5 or more licenses practitioners and/or medical specialties, out-patient care facilities, urgent care facilities, and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Offices, Professional/Administrative” Medical Services - Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, paramedical tattooing accessory to a medical clinic, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than 4 licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with 5 or more licensed practitioners is instead classified under “Medical Services, Clinic, Urgent Care.” Medical Services - Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including accessory facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
Mobile Home Park. A place, area, or tract of land for the long-term accommodation of 2 or more mobile homes, including habitation by households. This use does not include ‘Recreational Vehicle Parks’ or ‘Mobile Home Sales’ or ‘Vehicle Storage Lots’, which are defined separately.
Mobile Home Sales. The sale of new or used mobile, manufactured, or modular housing. Does not include the sale of recreational vehicles, which is included in ‘Vehicle Sales’, defined separately.
Multi-Family Dwelling. A building or portion thereof used and designed as a residence for 2 or more households living in separate dwelling units each with a kitchen. Types of multi-family residential dwellings include apartments, rowhouses, townhouses, flats, and senior housing developments.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-9
21.91.150. “N” DEFINITIONS
Nurseries and Garden Centers - Retail. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale. This classification also includes farm supply and feed stores, with products stored and solid in package form.
Nurseries and Garden Centers - Heavy Equipment. Establishments primarily engaged in retailing nursery and garden products in bulk (not packaged), including soil, fertilizer, hay, etc. This classification also includes farm supply and feed stores that deliver or provide fertilizer and soil products in bulk, nonpackaged form.
21.91.160. “O” DEFINITIONS
Office - Professional/Administrative. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, real estate agents, insurance agents, architectural, computer software design, engineering, graphic design, interior design, investment advisors and brokers, insurance offices, legal offices, real estate and mortgage offices and services, and tax preparation offices. This use classification excludes “Financial Institutions”, which is defined separately Outdoor Storage as an Accessory Use. Any materials, products, vehicles, equipment of supplies that are not totally enclosed within a building.
Outdoor Temporary and/or Seasonal Sales. The temporary outdoor use of property for retail sales for a specified duration of time including but not limited to Christmas tree and pumpkin sales.
21.91.170. “P” DEFINITIONS
Parking Facilities. A public or private space dedicated to accommodating vehicle parking stalls, backup area, driveways, and aisles and in which vehicle parking is the primary use of the site. Includes surface parking lots and parking structures/garages.
Personal Services - General. Establishments providing non-medical services to individual as a primary use.
Examples of these uses include barber and beauty shops, clothing, rental, dry cleaners, home electronics and small appliance repair, locksmiths, fortune tellers, pet grooming with no boarding, psychics, shoe repair shops, and tailors.
These uses may also include accessory retail sales of products related to the services provided.
Personal Services - Restricted. Personal services that may tend to have a potentially offensive effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include check cashing stores, massage (licensed, therapeutic, non-sexual), and tanning salons. Does not include Tattoo Parlors, which are defined separately (see “Tattoo Parlor").
Professional Office. See Offices, Professional/Administrative.
Public Parks and Recreation Facilities. Non-commercial parks, playgrounds, recreation facilities, trails, wildlife preserves and related open spaces, playing fields, courts, gymnasiums, public swimming pools, picnic facilities, tennis courts, and public golf courses, botanical gardens, as well as related food concessions or community centers within the facilities, which are open to the public, maintained by a public entity, and intended for neighborhood or Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-10
community use. Does not include “Commercial Recreation Facilities, Indoor” and “Commercial Recreation Facilities, Outdoor”, which are defined separately.
Public Utilities Facilities - Minor. Facilities necessary to support established public utilities involving only minor structures, such as substations, pump stations, switching and relay boxes, transmission lines, poles, towers, and public underground water and sewer lines.
Public Utilities Facilities - Major. Electrical substations, generating plants, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
21.91.180. “Q” DEFINITIONS
Reserved.
21.91.190. “R” DEFINITIONS
Recreational Vehicle Parks. Recreational areas operated and used as transient lodging and overnight stays for recreational vehicles for a period of 30 consecutive calendar days or less. Does not include “Mobile Home Parks”, which are defined separately.
Recycling Collection Centers. A facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper or clothing or other items for recycling purposes conducted totally within an enclosed structure or container. The term does not include processing (except for “can banks” that crush cans as they are deposited), which is included in “Industrial, Heavy”, defined separately.
Religious Assembly Facility. See “Assembly Facility – Religious.” Residential Care Facilities. Facilities that are licensed by the State to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, or assistance with daily tasks. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions. Does not include “Transitional Housing” and “Supportive Housing” which are defined separately.
Residential Care - General. A facility that is located in a residence and licensed by the State to provide care for more than 6 persons.
Residential Care - Limited. A facility that is located in a residence and licensed by the State to provide care for 6 or fewer persons.
Residential Care - Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, and recreational and social activities. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. These facilities may include medical services. Examples include assisted living facilities, convalescent care, nursing homes, skilled nursing, retirement homes, and retirement communities. The residents in these facilities may require varying levels of assistance. Facilities with 6 or fewer persons are included in “Residential Care, Limited”, which is defined separately.
Resource Extraction. Removal (or mining) of resources from the land including the extraction of sand, gravel, clay, shale, limestone, or any other deposit for profit.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-11
Restaurants. A facility where food is prepared and served on the premises, which may include the sales of alcoholic beverages for consumption on the premises at the same time as food is consumed. Takeout or delivery service may be provided. This use includes micro-breweries, where the sale and consumption of alcoholic beverages are accessory to on-site food service. This classification also includes catering businesses or bakeries that have a storefront retail component. Does not include “Cocktail Lounges and Bars”, “Commercial Kitchens”, “Tasting Rooms”, or “Restaurants - Drive-through”, which are defined separately.
Restaurants - Drive-through. A facility where food is prepared and served on the premises, and which also allows motorists to order and purchase food without leaving their vehicles.
Retail - General. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes department stores, and businesses retailing goods such as: clothing, furniture, pet supplies, hardware, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies , medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, appliances, antiques, secondhand goods, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Does not include “Retail, Secondhand Goods with Donation Drop Off” or “Retail - Restricted", which are defined separately.
Retail - Restricted. Retail uses that may tend to have a potentially offensive effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include tobacco/smoke/vape shops and pawn shops, but do not include adult businesses, which are regulated by Chapter
21.59 (Adult Business Uses), nor cannabis retail, which is regulated by Chapter 21.60 (Cannabis).
Retail - Secondhand Goods with Donation Drop Off. The retail sale of secondhand goods that also includes a donation drop-off on the same premises.
Roominghouse. See “Communal Housing”.
Rural Recreation and Camping. Includes dude and guest ranches; hunting and fishing clubs; recreational camps (including incidental RV camping, but not RV parks); group or organized camps and incidental seasonal camping areas without facilities. Does not include “Equestrian Facilities” including riding academies and schools, boarding stables, and exhibition facilities, which are defined separately.
RV Parks. See “Recreational Vehicle Parks”.
21.91.200. “S” DEFINITIONS
School - Business, Trade. Public or private post-secondary schools providing occupational or job skills training for specific occupations, including business and computer schools, trade schools and apprenticeship programs, management training, and technical training schools. Excludes personal instructional services such as music lessons and tutoring.
School - Private. Any private institution of learning, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education, including any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior college, 4-year college or university, or any special institution of learning under the jurisdiction of the State Department of Education.
School - Public. Any public institution of learning, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education, including any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-12
college, 4-year college or university, or any special institution of learning under the jurisdiction of the State Department of Education.
Self-Service Petroleum Sales. See “Vehicle Fuel Sales and Accessory Services.” Self-Storage Facility. A facility divided into individual compartments offering enclosed storage with individual access for personal effects and household goods intended to be used principally to provide rental spaces to the general public, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
Senior Housing. Senior housing is a congregation of age-restricted "apartment-type" living units with kitchen facilities in each unit of which there is at least 1 occupant who is a minimum age of 55.
Sidewalk Vendor. A person who sells food or merchandise from a vending vehicle (including a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance), or from one’s person, upon a public sidewalk or City park consistent with Subsection 21.20.040.B and California Government Code Sections 51036 through 51039.
Single-Family Dwelling. A structure designed for occupancy by 1 household with only 1 indoor kitchen, which is not attached to other dwelling units, other than an accessory dwelling unit, and not located on a lot with commercial uses.
This definition also includes individual manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section 18551.
Supportive Housing. Housing with no limit on length of stay that is occupied by the target population, and linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community as defined by California Government Code Section 65582(f), as may be amended from time to time). A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include—among other populations— adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing may be designed as a residential group living facility or as a regular residential use and includes both facilities that provide on-site and offsite services.
21.91.210. “T” DEFINITIONS
Tasting Room. An establishment that offers wine for the sampling or tasting of agricultural products grown, produced, or processed in the surrounding region. Tasting Rooms may include food sales as an accessory use. For uses that include manufacturing, see “Wineries, Breweries and Distilleries”, which is defined separately.
Tattoo Parlor. An establishment where the act of tattooing or body piercing of humans takes place. This includes tattooing or body piercing as a primary or accessory use. For permanent makeup and ear piercing as an accessory use, see “Personal Services”.
Temporary Uses. A use that is designed, operated, and occupies a site for a limited specified period of time.
Theater. An indoor facility where movies or live performances are shown for public entertainment.
Transit Facility. A facility or location with the primary purpose of transfer, loading, and unloading of passengers and baggage. May include facilities for the provision of passenger services such as ticketing, restrooms, lockers, waiting Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-13
areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and incidental repair.
Includes rail and bus terminals but does not include terminals serving airports, heliports, or spaceports.
Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than 6 months from the beginning of the program as defined by California Government Code Section 65582(h), as may be amended from time to time.
Truck Stop. Any establishment engaged in the maintenance, servicing, storage or repair of commercial vehicles or rendered including the dispensing of motor fuel or petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodation and restaurant facilities solely for the use of truck crews.
Truck Terminals. A building, structure or place where, for the purpose of a common carrier, trucks or transports are rented, leased, kept for hire, or stored, or parked for remuneration or from which trucks or transports are dispatched.
21.91.220. “U” DEFINITIONS
Urban Dwelling Unit. Dwelling unit accessory to a primary dwelling unit with complete kitchen and bathroom for 1 or more persons regulated by California Government Code Section 65852.21 and Chapter 21.65 (Urban Dwelling Units) of this code.
21.91.230. “V” DEFINITIONS
Vehicle Charging Station. An establishment engaged in the retail sale of electricity as a vehicle fuel as a primary use. Does not include accessory uses such as retail or food sales, vehicle repair services, sales of vehicle parts or equipment, or vehicle washing. Vehicle charging stations with accessory uses are defined as “Vehicle Fuel Sales and Accessory Service”. Does not include electric vehicle charging stations that are located within a parking area associated with and accessory to another allowed use.
Vehicle Fuel Sales and Accessory Service. An establishment engaged in the retail sale of vehicle fuels (gasoline, diesel fuel, compressed natural gas, or other fuels for motor vehicles are sold to the public on a retail or wholesale basis); or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or accessory retail and grocery sales and automated vehicle washing. Does not include electric vehicle charging stations as a primary use, which are defined separately as “Vehicle Charging Station”. Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see “Vehicle Services and Repair”). Does not include electric vehicle charging stations that are located within a parking area associated with and accessory to another allowed use.
Vehicle Sales. A retail establishment selling new or used automobiles, motorcycles, recreational vehicles, trucks, boats, farm equipment, and similar vehicles, as well as any use that requires approval from the California Department of Motor Vehicles for vehicles displayed outdoors. May also include the sale, installation, and servicing of related equipment and parts incidental to vehicle dealerships.
Vehicle Services and Repair - Car Wash. See “Car Wash”.
Vehicle Services and Repair - Major Repair/Body Work. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-14
repair garages; body and fender shops; servicing of cooling and air conditioning, electrical, fuel and exhaust systems; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; engine tune-ups; brake shops; machine shops, painting shops; towing services, and transmission shops.
Does not include vehicle dismantling or salvage and tire retreading or recapping.
Vehicle Services and Repair - Minor Repair/Maintenance. Minor repair and maintenance of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including detailing as an accessory use, installation of electronic equipment (e.g., alarms, audio equipment, etc.); relining and repairs; oil and air filter replacement; smog checks; and installation of window film, and similar accessory equipment.
Vehicle Rental and Accessory Services. Rental of automobiles, motorcycles, mopeds, motorized scooters, recreational vehicles, trucks, and similar vehicles and equipment powered by a motor, including on-site storage and incidental maintenance that does not require pneumatic lifts or tools.
Vehicle Storage Lots. The storage of operative or inoperative vehicles. These uses include storage of towed vehicles, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling or offsite parking, which are separately defined as “Parking Facilities”.
Veterinarian. Establishments where household animals receive medical and surgical treatment and may be temporarily boarded indoors in association with such medical or surgical treatment only. Does not include “Kennels, Pet Boarding”, which is defined separately.
21.91.240. “W” DEFINITIONS
Warehousing, Wholesale and Distribution. Facilities for indoor storage; distribution; or sale of goods to other firms for resale, business-to-business sales, and sales to individual consumers through mail or internet orders without sales to the public on-site or direct public access. This use normally operates from a warehouse or office having little or no display of merchandise and are not designed to solicit walk-in traffic. This classification excludes the storage of hazardous chemical, mineral, and explosive materials. Does not include personal storage (mini storage) facilities offered for rent or lease to the public ("Self Storage").
Wineries, Breweries, and Distilleries. An establishment, which as the primary use produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on‐site. Also includes incidental sale of beverages for on-site and off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Establishments may provide food service that is subordinate to the production and sale of alcoholic beverages.
Wireless Communication Facilities. Facilities that transmit and/or receive electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles, distributed antenna systems, wireless utility monitoring and control services, support or accessory structures and related equipment. Amateur radio operators are not included in this definition.
21.91.250. “X” DEFINITIONS
Reserved.
21.91.260. “Y” DEFINITIONS
Reserved.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-15
21.91.270. “Z” DEFINITIONS
Reserved.
CHAPTER 21.92. GENERAL DEFINITIONS
21.92.010. “A” DEFINITIONS
Abutting. Contiguous to and having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, street, easement, or waterway). See also “Adjacent.” Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.
Accessory Building. See “Structure, Accessory.”
Accessory Structure. See “Structure, Accessory.”
Accessory Use. See “Use, Accessory.
Adjacent. The condition of being near to or close to but not necessarily having a common dividing line. Two properties that are separated by an alley, public or private right-of-way public access easement, or creek, river, stream, or other natural or artificial waterway shall be considered as adjacent to one another. See also “Abutting”.
Adjoining. See “Abutting.”
Addition. Construction which extends or increases the building envelope.
Addition, Major. An addition equivalent to 10 percent or more of the existing building square footage or 10,000 sq. ft., whichever is greater.
Addition, Mid-Size. An addition equivalent to less than 10 percent of the existing building square footage or 10,000 square feet, whichever is greater.
Addition, Minor. An addition of less than 1,000 square feet that is not visible from the public right-of-way.
Agricultural Land. All real property located within the Agricultural Zoning District of the City currently used for agricultural operations, or upon which agricultural operations may in the future be established.
Agricultural Operations. Any agricultural activity, operation, facility, or appurtenances thereof, and shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity, including viticulture, apiculture or horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.
Alley. A low capacity thoroughfare with one shared lane and no parking lanes, designed and intended for service and/or secondary access purposes (the rural version of an alley is a ‘lane’).
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-16
Alter/Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
Amend/Amendment. A change in the wording, context, or substance of this Zoning Code, or a change in the zone boundaries upon the zoning map which is a part of this Title, in the manner prescribed by the Zoning Code.
Ancillary. See “Accessory.”
Annex/Annexation. To incorporate a land area into an existing district or municipality, with a resulting change in the boundaries of the annexing jurisdiction.
Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.
Arcade. A Frontage Type where the facade is a colonnade on the ground floor that overlaps a walkway parallel to the front elevation of a building.
Articulation. The breaking up of a flat and uniform building façade by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies.
Artificial Turf. A man-made material that simulates the appearance of live turf, organic turf, grass, sod, or lawn.
Attached, Structure. An addition to a building or two buildings shall be considered attached when they share a common roof structure or a common wall.
Awning. A sheet of canvas or other material attached to a structure, stretched on a frame (that does not have a post that is located on the ground), and used to keep the sun or rain off a storefront, window, doorway, or deck.
21.92.020. “B” DEFINITIONS
Balcony. A projecting platform on a building that is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than 3 sides.
Bay Window. A window or series of windows projecting from the outer wall of a building and forming a recess within.
Bedroom. Any habitable room with no less than 70 square feet of floor area and no dimension less than 7 feet, in a dwelling, with at least 1 wall located along an exterior wall with a window that can be used for emergency egress, and equipped with ventilation, heating, smoke detector and carbon monoxide detector. Egress window requirements shall be based on the California Building Code requirements at the time of original construction of the room.
Block. The aggregate of private lots, passages, common drives and, lanes, circumscribed by thoroughfares.
Block Frontage. See Frontage, Block.
Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials.
Building, Accessory. See Structure, Accessory.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-17
Building, Main. See Structure, Primary.
Building Code. Any ordinance or regulations of the City governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.
Building Footprint. See “Footprint.”
Building Height. See “Height.”
Building Official. The Building Official of the City of Paso Robles, or his or her designee.
Building Site. A parcel of land occupied or to be occupied by a primary structure and accessory structures together with such open spaces as are required by the terms of this Zoning Code and having its principal frontage on a street, road, highway, or waterway.
21.92.030. “C” DEFINITIONS
California Environmental Quality Act (CEQA). Public Resources Code §§21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
Carport. An accessible and usable covered space enclosed on not more than 2 sides, designed, constructed, and maintained for the parking or storage of 1 or more motor vehicles.
Canopy. A sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood, or plastic or any other similar material, and generally used for the shielding or protection of vehicles or other equipment stored outside. Canopies include but are not limited to prefabricated canopies ready-made for simple assembly and canopies which are built, constructed, or composed of parts joined together in some definite manner. Canopies also include material that is supported by or attached to a natural feature, such as a tree. This definition excludes awnings attached to structures as defined in Section 21.92.010 (“Awnings”).
Canopy, Small. Canopy with a floor area of 120 square feet or less.
Canopy, Large. Canopy with a floor area of more than 120 square feet.
City. The City of Paso Robles.
City Council. The City Council of the City of Paso Robles.
Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.
Combining District. A zoning district in which the general zoning district regulations are combined with supplemental regulations and indicated on the Zoning Map, such as R-1, B-5.
Commercial Vehicle. Any vehicle (self-propelled and/or a towable trailer with equipment) that is used for the transportation of goods.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-18
Commission. See “Planning Commission.”
Community Development Director. The Community Development Director of the City of Paso Robles or his/her designee.
Community Development Department. The Community Development Department of the City of Paso Robles.
Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.
Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the review authority to alter or modify a project in any manner from the description in the application originally submitted for City approval.
Conditional Use. A use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.
Conditionally Permitted. Allowed subject to approval of a Conditional Use Permit.
Conditional Use Permit. A discretionary permit that may be granted to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the Review Authority.
Cornice. A molded and projecting horizontal feature that crowns a façade.
County. The County of San Luis Obispo.
Courtyard. An open space, unobstructed from the ground to the sky, that is bounded on 2 or more sides by the walls of a building that is on the same lot.
Cooking Facilities. See “Kitchen.”
21.92.040. “D” DEFINITIONS
Deck. A platform, either freestanding or attached to a building, which is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a "balcony" and "patio." Demolition. The destruction, dismantling or removal of a building or structure, or substantial portion of a building or structure so that it constitutes a demolition pursuant to the provisions of this Title.
Detached Accessory Structure. See “Structure, Accessory Detached.” Detailing. The cleaning and restoring of the exterior of a motor vehicle or mobile equipment, limited to minor washing, spot cleaning, touch-up coating, glass repair, and application of waxes, shines, and polishes. Excludes major washing of vehicles as performed in a car wash.
Density. The number of residential density units per acre of land (du/ac). Paragraph 21.41.080.A.2 (Fractional Density) allows for the use of fractional density units to provide additional dwelling units for multi-family housing.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-19
When not specifically stated as density units, the term "unit(s)" shall mean dwelling units (each physical unit and not a fraction thereof). See also Section 21.41.080 (Determining Density) and the definition for “Dwelling Unit”.
Developable Area. See Section 21.41.070 (Determining Developable Area).
Development. Any manmade change to improved or unimproved real estate including, but not limited to, the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.
Development Agreement. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 21.12 (Development Agreements).
Development Plan. A discretionary development review process of major development projects. See Chapter 21.16 (Development Plans).
Development Review. See Chapter 21.15 (Development Review).
Development Standard. A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.
Director. See “Community Development Director”.
District. See “Zoning District”.
Dormer. A vertical window that projects from a sloping roof, which may be gabled or hipped.
Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.
Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Includes manufactured homes. Excludes tents, cabins, boats, trailers, recreational vehicles, dormitories, labor camps, hotels, and motels.
See also “Single-Family Dwelling”, “Multi-Family Dwelling”, “Accessory Dwelling Unit”, “Urban Dwelling Unit”, “Manufactured Home”, and “Tiny Home.”
21.92.050. “E” DEFINITIONS
Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.
Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-20
Emergency Vehicle. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines, and all essential services.
Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA).
Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.
21.92.060. “F” DEFINITIONS
Façade. Any exterior face or wall of a building.
Family. One or more persons, related or unrelated, living together as a single household in a dwelling unit.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fence. Any horizontal or vertical structural device forming a physical barrier intended to separate properties, retain soil materials, and provide security; or as defined by the Building Official. Fences may also be walls, hedges, and screen plantings, or constructed from wood, mesh, metal, chain, brick, stakes of plastic or similar materials.
Flat Roof. See “Roof, Flat.”
Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section 21.41.090 (Determining Floor Area).
Footprint. The area of the ground surface occupied by an existing or proposed structure, measured from exterior wall to exterior wall at the base of the structure.
Forecourt. Open area in front of a building’s entrance surrounded by walls on at least 3 sides.
Freestanding Solar Collectors (Photovoltaic Systems). A device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, or electrical energy. Includes freestanding carport solar canopies.
Front Setback. See “Setback, Front”.
Frontage, Block. All property fronting on 1 side of a block.
Frontage, Building. The architectural element of a building between the public right‐of‐way and the private property associated with the building entryway.“
21.92.070. “G” DEFINITIONS
Gable Roof. See “Roof, Gable.”
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-21
Garage. An accessory structure or portion of a main structure, enclosed on 3 or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of 1 or more motor vehicles.
General Massing Break. See “Massing Break”.
General Plan. The General Plan of the City of Paso Robles.
Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.
Government Code. The Government Code of the State of California.
Grade. The location of the ground surface.
Gross Floor Area. See “Floor Area.”
Ground Floor. The first floor of a building other than a basement that is closest to finished grade.
Guest House. A detached accessory building located on the same parcel as the main building with no utilities metered separately from those furnished to the main building, having no kitchen facilities, not used as a separate dwelling unit, and used only by the household occupying the main building, or by temporary guests of such main building occupant without charge or valuable consideration for such use.
Guest Room. Any room or group of rooms used or intended to be used by a guest or single party of guests in a commercial lodging use. A guest room may include several sleeping rooms. A guest room includes at least 1 bathroom. Bedrooms are defined separately for short-term rentals (see Chapter 21.64 [Short-Term Rentals]) and Bed and Breakfast Inns (See Section 21.69.060 [Bed and Breakfast Inns]).
21.92.080. “H” DEFINITIONS
Habitable Space. Any structure, property, or space that is constructed for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. Does not include garages or similar accessory spaces. See also California Building Code.
Hardscape. Areas covered with impervious surfaces including but not limited to buildings, driveways, parking lots, patios, sidewalks.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Section
21.41.040 (Measuring Height).
Hipped Roof. See “Roof, Hipped.”
Historic District. A historic district is a significant concentration, linkage, or continuity of buildings, structures, objects, or sites unified historically or aesthetically in a distinguishable way or in a geographically definable area.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-22
Historic Landmark. A historic landmark is a building, structure, object, or site on a State or Federal historic registry, or on the State historic resources inventory (with a California Historic Resource Status Code of 1-5).
Historic Resources. A building, structure, object, or site of scientific, aesthetic, educational, cultural, architectural, or historical significance to the property owner, city, region, state, or nation, which may be eligible for local designation for historic preservation by the City pursuant to the provisions of Chapter 21.62 (Historic Preservation) Historic Resources Inventory. A document containing a listing of buildings, structures, objects, and sites that are designated historic resources due to individual historic significance with character defining features, integrity of location, design, setting, materials, workmanship, feeling, or association, that meets certain criteria as described in Chapter 21.62 (Historic Preservation).
Historic Signs. A sign of historical significance that meets certain conditions as described in Chapter 21.62 (Historic Preservation).
Home Occupation Permit. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions of this Zoning Code and Chapter 21.21 (Home Occupation Permits).
Horizontal Wall Plane Variation. See “Wall Plane Variation, Horizontal.” Household. See “Family.”
21.92.090. “I” DEFINITIONS
Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
Improvement. An object affixed to the ground other than a structure.
Impervious Surface. Artificial structures—such as pavements (roads, sidewalks, driveways and parking lots, as well as industrial areas such as airports, ports and logistics and distribution centers) that are covered by impenetrable materials such as asphalt, concrete, brick, stone, etc.
Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate-income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the San Luis Obispo County median income levels by family size. These income limits are equivalent to the following:
Extremely Low Income Household. Under 30 percent of area median income, adjusted for household size appropriate for the unit.
Very Low Income Household. 30 to 50 percent of area median income, adjusted for household size appropriate for the unit.
Low Income Household. 50 to 80 percent of area median income, adjusted for household size appropriate for the unit.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-23
Moderate Income Household. 80 to 120 percent of area median income, adjusted for household size appropriate for the unit.
21.92.100. “J” DEFINITIONS
Reserved.
21.92.110. “K” DEFINITIONS
Kitchen. Food preparation areas that have a sink and an appliance for the heating and cooking of food.
21.92.120. “L” DEFINITIONS
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.
Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earthpatterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.
Lintel. A horizontal element over an opening, often found spanning doors or windows. Lintels can be structural/load bearing or ornamental.
Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the County of San Luis Obispo, and which is recognized as a separate legal entity for purposes of transfer of Title, except public easements or rights-of-way. Lot types include the following:
Abutting Lot. A lot having a common property line, not separated by a public path or lane, private street, or easement to the subject lot.
Corner Lot. A lot situated at the intersection of 2 or more streets, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
Flag Lot. A lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street of access.
Interior Lot. A lot other than a corner lot.
Reversed Corner Lot. A corner lot, corner lot whose street side lot line is substantially a continuation of the front lot line of a lot to its rear.
Through Lot. A lot having frontage on 2 parallel or approximately parallel streets.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-24
Figure 21.92.120-1: Lot Types
Lot Coverage. See Section 21.41.100 (Determining Lot Coverage).
Lot Depth. See Section 21.41.050 (Measuring Lot Width and Depth).
Lot Line. See “Property Line.”.
Lot Size. The area of a lot measured horizontally between bounding lot lines. Lot sizes do not include fee or easement dedications for public street purposes.
Lot Width. See Section 21.41.050 (Measuring Lot Width and Depth).
21.92.130. “M” DEFINITIONS
Major Addition. See “Addition, Major.”
Manufactured Home. A structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home" shall have the same definition as set forth in California Health and Safety Code Section 18007(a), as it may be amended from time to time.
Massing. The 3-dimensional bulk of a structure: height, width, and depth.
Massing Break. Recess/projection measured from the building footprint with minimum dimensions of 1 foot in depth by 3 feet in length by 8 feet in height.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-25
Mechanical Equipment. Equipment used to provide mechanical and/or plumbing functions, including, but not limited to, ventilation fans, heating, cooling and air conditioning equipment, generators, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment.
Mid-size Addition. See “Addition, Mid-size.”
Mined lands. Includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.
Minor Addition. See “Addition, Minor.”
Mixed-use. A development that has both commercial and residential land uses.
Mobile Home. A structure manufactured prior to June 15, 1976 that is designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. It does not include recreational vehicles or travel trailers. See "manufactured home" for mobile homes built after June 15, 1976. "Mobile home" shall have the same definition as set forth in Civil Code Section 798.3, as it may be amended from time to time.
Mobile Vendor. A vending vehicle that sells food or food products that may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. See Section 12.32.140 (Unlawful parking – Peddlers, vendors). Does not include “Sidewalk Vendors” or “Food Trucks”.
Motel. See “Hotels and Motels”.
Modification. A discretionary action to allow specified exceptions to specified development standards of this Zoning Code for the purpose of creating flexibility in implementing those standards to accommodate unique design approaches and to recognize unique physical conditions present on individual parcels. See Development Plan Modification (Section 21.16.020) and Site Plan Modification (Section 21.17.020).
Municipal Code. The City of Paso Robles Municipal Code.
Mural. Any work of visual art painted or applied directly on a wall, ceiling, or other large permanent surface. See also Chapter 21.63 (Murals).
21.92.140. “N” DEFINITIONS
Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Nonconforming Building or Structure. A building or structure that was lawful when brought into existence, but because of subsequent amendment to this Title, or annexation into the City, could not be built because of restrictions on area, lot coverage, height, yards, setbacks, parking, design requirements, location on a lot, type or construction, or other similar requirements concerning the structure.
Nonconforming Lot. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-26
Nonconforming Use. Any use of land or activity that was lawfully established and in compliance with all applicable ordinances and laws at the time such use was initiated but which, due to subsequently enacted ordinances or laws, no longer complies with the applicable regulations and standards for the zone in which the use is located.
Nuisance. The meaning ascribed to that term in California Civil Code Section 3479. California Civil Code Section 3479 reads, in part, as follows: "Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property is a nuisance."
21.92.150. “O” DEFINITIONS
On-Site. Located on the parcel that is the subject of discussion.
Open Space.
Open Space, Shared. The total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests.
Open Space, Private. Privately-owned or controlled outdoor space for use by a single unit's residents or a single business's workers or customers, accessible by secured access only.
Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.
21.92.160. “P” DEFINITIONS
Parcel. The basic unit of land entitlement. A designated area of land established by plat, subdivision, or otherwise legally defined and permitted to be used or built upon. See also “Lot.” Parking Area. A space dedicated to accommodate any parking and loading space/stalls, loading area, backup area, driveways, and aisles.
Parking, Bicycle. A covered or uncovered area equipped with a rack or racks designed and usable for the secure, temporary storage of bicycles.
Parking Facilities, Common. A parking facility that serves more than one use such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other.
Parking Space. Space within a parking area of a building exclusive of driveways, ramps, columns, office and work areas, for the temporary parking or storage of 1 automobile.
Parking, Tandem. An arrangement of parking spaces such that 1 or more spaces must be driven across to access another space or spaces.
Passenger Vehicle. As defined in the California Vehicle Code.
Patio Cover. A solid or open roof structure covering a patio, platform, or deck area, that is open on 2 sides or more for the purpose to be used by people.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-27
Permanent Makeup. The application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes microblading, micropigmentation, lip liner tattoos, and similar procedures.
Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.
Planning Commission. The Planning Commission of the City of Paso Robles.
Planning Division. The Planning Division of the Community Development Department of the City of Paso Robles.
Plot Plan. A ministerial development review process of minor details and development projects. See Chapter 21.18 (Plot Plans).
Porch. A Frontage Type where an entry door and corresponding landing area (entrance) are provided on the front elevation of a building on the ground floor. The landing area may be designed such that it creates a usable, but not required, space beyond that needed for entry. A porch can be recessed or projected, but must be covered.
Primary Dwelling Unit. Single-family dwelling(s) or multi-family dwellings that is (are) established on a property before an accessory dwelling unit or urban dwelling unit.
Primary Street. See “Street, Primary”.
Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Title. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
Property Line. The recorded boundary of a parcel of land.
Public Resources Code. The Public Resources Code of the State of California.
Public Works Director. The Public Works Director of the City of Paso Robles.
21.92.170. “Q” DEFINITIONS
Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.
21.92.180. “R” DEFINITIONS
Rear Setback. See “Setback, Rear”.
Reasonable Accommodation. A request for a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. See Chapter 21.27 (Reasonable Accommodations).
Recreational Vehicle. Any trailer, camper, motor home, boat, or other vehicle designed and intended for traveling and recreational purposes. Does not include homemade tiny homes.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-28
Review Authority. The body or entity responsible for making decisions on zoning and related applications.
Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.
Roof. The portion of a building or structure above walls or columns that shelters the floor area of the structure below.
Roof, Flat. A roof without any sloped sides, with a pitch of 10 degrees or less.
Roof, Gable. A roof with 2 slopes joining at a single ridge line and a gable at each end.
Roof, Hipped. A roof with 4 sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining 2 sides are triangular, and thus meet the ridge at its endpoints.
Roof, Shed. A roof shape having only 1 sloping plane.
21.92.190. “S” DEFINITIONS
Secondary Street. See “Street, Secondary.”
Setback. The distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature and as specified in the development regulations of each zoning district in the City. See also Section 21.41.120 (Determining Setbacks).
Front Setback. The minimum distance required between a structure and the front property line.
Side Setback. The minimum distance required between a structure and a side property line.
Street Side Setback. For a corner lot, the minimum distance required between a structure and a side property line that abuts a public right-of-way.
Rear Setback. The minimum distance required between a structure and the rear property line.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-29
Figure 21.92.190-1: Setback Types
Shed Roof. See “Roof, Shed.”
Side Setback. See “Setback, Side”.
Sign Permit. An administrative permit authorizing any sign, except those exempted per Section 21.52.030 (Signs Exempt from Permit Requirements), to be erected, moved, altered, replaced or reconstructed.
Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Zoning Code and under single ownership or unified control.
Site Plan. A discretionary development review process of minor development projects. See Chapter 21.17 (Site Plans).
Soil. Naturally occurring superficial deposits overlying bedrock.
Slope, Average. See Section 21.41.060 (Determining Average Slope).
Slope, Existing. Slope prior to grading.
Specific Plan. A regulatory document prepared in compliance with California Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area, as specified in Chapter 21.14 (Specific Plans).
State. The State of California.
Street Side Setback. See “Setback, Street Side”.
Storefront. Storefront is a Frontage Type where a storefront, including entrance(s), is provided on the front elevation of a building on the ground floor. The storefront is generally level with the adjoining ground level.
Story. That portion of any building included between the surface of any floor and the surface of the next floor above it, and if there be no floor above it, then the space between such floor and the ceiling next above it.
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-30
Street. A public right-of-way not including an alley.
Street, Primary. A primary street is identified as an arterial or collector in the General Plan; or for any corner parcels located at the intersection of 2 streets undesignated in the General Plan, the street with more lanes of traffic and/or higher traffic quantities.
Street, Secondary. A secondary street is undesignated in the General Plan Circulation Element; for any corner parcels located at the intersection of 2 streets undesignated in the General Plan, the street with fewer lanes of traffic and/or lower traffic quantities.
Stepback. The required or actual placement of a building a specified distance away from a road, property line, or other structure at a level above the first floor.
Structures. Anything constructed or erected that requires location on the ground or attachment to something having location on the ground, including swimming pools, but excluding driveways, sidewalks, patios, or parking spaces.
Structure, Attached Accessory. Attached accessory structures with a common wall or roof with the primary structure.
Structure, Detached Accessory. A structure that is accessory to dwellings, the use of which is incidental to the primary structure on the same parcel, including but not limited to detached garages, carports, workshops, art studios, greenhouses, gazebos, storage sheds, treehouses, shade structures, guest houses.
Also includes open, unroofed structures that are over 30 inches in height and are detached from and accessory to the primary structure on the site such as treehouses, play equipment, decks and trellises. See also “Canopy” and “Patio Cover.”
Structure, Primary. A building or structure in which the primary use of the parcel on which it is located is conducted.
Structure, Nonconforming. See “Nonconforming Building or Structure.” Swimming Pool. See Chapter 21.53 (Swimming Pools).
21.92.200. “T” DEFINITIONS
Temporary Use Permit. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Chapter 21.20 (Temporary Use Permits).
Tenant. A person renting or leasing a housing unit or non-residential space.
Tiny Home. A small dwelling unit on a foundation with a minimum size of 150 square feet and no more than 400 square feet of habitable floor area.
Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer. Does not include mobile homes.
Transient Occupancy. Lodging for the purpose of overnight accommodations for a period of not less than 1 night and not more than 30 consecutive days. Transient occupancies are subject to the transient occupancy tax requirements of Chapter 3.26 (Transient Occupancy Tax) of this code. Examples of transient occupancy Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-31
accommodations include, but are not limited to: hotels, motels, vacation rentals, timeshare vacation clubs, villas, cottages, casitas, hostel, bed and breakfast inns.
Transparency. The ability of a building or structure to visually transmit light, allowing for a clear view of the interior or exterior spaces via doors and windows.
Turf. A densely planted grassy area characterized by frequent mowing and fertilization and/or watering, commonly used for lawns and playing fields.
21.92.210. “U” DEFINITIONS
Use. The purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is, or may be occupied or maintained.
Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same parcel as a primary use.
Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Conditional Use Permit, but subject to any restrictions applicable to that zoning district.
Use, Primary. A primary, principal, or dominant use established, or proposed to be established, on a parcel.
Use, Nonconforming. See “Nonconforming Use.”
21.92.220. “V” DEFINITIONS
Variance. An action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship in compliance with Chapter 21.22 (Variances).
Vehicle. A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power.
Vending Vehicle. Any mobile cart, vehicle, wagon, trailer, or similar apparatus by which any person or property may be propelled or moved upon a sidewalk, street, or highway from which food, food products, or other retail items are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. See also “Food Truck”, “Food Truck Court”, “Mobile Vendor”, and “Sidewalk Vendor”.
Vertical Wall Plane Variation. See “Wall Plane Variation, Vertical.”
21.92.230. “W” DEFINITIONS
Wall Plane Variation. Change in condition, character, or form of a continuous exterior wall, implemented through 1 or more options outlined in Paragraph 21.50.050.C.2 of Chapter 21.50 (Objective Design Standards for Mixed Use and Multi-Family Development). For vertical and horizontal differentiation, see “Wall Plane Variation, Horizontal” and “Wall Plane Variation, Vertical”.
Wall Plan Variation, Horizontal. A plane break or other articulation that is horizontally oriented (for example, longer than it is tall).
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-32
Wall Plan Variation, Vertical. A plane break or other articulation that is vertically oriented (for example, taller than it is long).
Wet Bar. An area with running water, a sink, and a bar or serving counter, and may also include an undercounter or countertop refrigerator. The wet bar shall not include facilities for cooking.
21.92.240. “X” DEFINITIONS
Reserved.
21.92.250. “Y” DEFINITIONS
Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this Zoning Code. A yard is not synonymous with a setback, but does include similar areas.
Yard, Front. A yard extending across the front of a parcel for its full width between the front property line and primary building.
Yard, Interior Side. A yard which does not abut a street.
Yard, Side. A yard extending from the front setback line to the rear setback line between the side property line and building line.
Yard, Street Side. A yard on a corner lot or reversed corner lot extending from the front setback line to the rear setback line between the side street property line and building line.
Yard, Rear. A yard extending across the rear of a parcel for its full width between the rear property line and primary building.
Figure 21.92.250-1: Yard Types
Exhibit A
Article 9 Terms and Definitions
Paso Robles Zoning Code 9-33
21.92.260. “Z” DEFINITIONS
Zoning Administrator. The City of Paso Robles Zoning Administrator as appointed by the Community Development Director or his or her designee.
Zoning District. A portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain development standards are established for buildings, all as set forth and specified in this Title.
Exhibit A
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Attachment 2
ORDINANCE NO. 1145 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLE 2 ADMINISTRATION AND PERSONNEL (RZN 23-02)
AND FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3) AND 15061(b)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. All of the above recitals are true and correct and are incorporated herein by reference.
Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
Attachment 2
Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Title 2, in addition to Titles 3, 5, 7, 8, 9, 12, 14, 19, and 22, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.
Section 3. The Council hereby adopts the language attached hereto as Exhibit A and incorporated herein by reference.
Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.
Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 1st day of October, 2024, by the following vote:
AYES:
NOES:
Attachment 2
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Title 2 Administration and Personnel
Exhibit A
EXHIBIT A – PROPOSED TITLE 2 TEXT AMENDMENTS
Section 1. Section 2.20.070 shall be amended to read as follows:
2.20.070 - Duties and functions.
The planning commission shall perform the duties and have all of the rights, powers, and privileges specified and provided for in the Municipal Code (including, but not limited to, Title 11, Chapter 21.08, and Title 22) or by State law.
(Ord. 720 N.S. (part), 1997)
(Ord. No. 1062 N.S., § 6, 10-16-2018)
Attachment 3
ORDINANCE NO. 1146 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLES 3, 5, 9, 12, 14, AND 22 (RZN 23-02) AND FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3) AND 15061(b)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. All of the above recitals are true and correct and are incorporated herein by reference.
Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
Attachment 3
Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Titles 3, 5, 9, 12, 14, and 22, in addition to Titles 2, 7, 8, and 19, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.
Section 3. The Council hereby adopts the language attached hereto as Exhibit A and incorporated herein by reference.
Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.
Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 1st day of October, 2024, by the following vote:
AYES:
NOES:
Attachment 3
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Titles 3 (Revenue and Finance), 5 (Permits and Regulations), 9 (Public Safety), 12 (Vehicles and Traffic), 14 (Water and Sewers), and 22 (Subdivisions)
Exhibit A
EXHIBIT A – PROPOSED TITLE 3, 5, 9, 12, 14, AND 22 TEXT AMENDMENTS Section 1. Subsection 3.22.010.A shall be amended to read as follows:
3.22.010 - Imposition of tax.
A. Every person engaged in operating or otherwise conducting a cannabis business within the city, regardless of whether such business has a license or permit pursuant to Chapters 5.04, 21.60, or any other provision of this Code, shall pay the following cannabis business tax:
1. Up to a maximum of twenty dollars per square foot of space utilized in connection with the cultivation of cannabis, subject to adjustment by the city council pursuant to Section 3.22.050.
2. Up to a maximum of ten cents for each one dollar of gross receipts, or a fractional part thereof, for cannabis delivery businesses and retailers, subject to adjustment by the city council pursuant to Section
3.22.050.
3. Up to a maximum of fifteen cents for each one dollar of gross receipts, or a fractional part thereof, for cannabis manufacturing, testing, and distribution businesses, subject to adjustment by the city council pursuant to Section 3.22.050.
4. Up to a maximum of ten cents for each one dollar of gross receipts, or a fractional part thereof, for cannabis retailers, subject to adjustment by the city council pursuant to Section 3.22.050.
Section 2. Section 3.22.060 shall be amended to read as follows:
3.22.060 - Payment of tax does not authorize illegal activity.
The payment of the tax required pursuant to this chapter shall not be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this chapter implies or authorizes that any activity connected with the distribution or possession of cannabis is legal unless otherwise authorized and allowed in strict and full conformance to the provisions of this Code, including without limitation the provisions of Chapter 5.04 or 21.60.
Section 3. Section 5.08.090 shall be amended to read as follows:
5.08.090 - Transfer and assignment.
Any transfer or assignment of any license shall be considered for all purposes in the same manner as a new application for a card room license in the city, and all the provisions of this chapter applicable to new and original applications shall apply. Pursuant to Chapter 21.32, card rooms are required to obtain a conditional use permit, which permit may be revoked if a transfer or assignment of any license under this chapter is transferred to another person or entity without the prior approval of the city council.
Section 4. Paragraph 9.06.030.B.9 shall be amended to read as follows:
Any condition that constitutes a visual blight. For purposes of this code, visual blight is any unreasonable or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. The only exception is for wood and building materials being used or to be
Exhibit A
used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is reasonably necessary to expeditiously complete the project; Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over, or accumulation on the premises any of the following:
a. Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials; b. Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment; c. Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned, are either registered or are certified as a non-operable vehicle pursuant to section 4604 of the California Vehicle Code, and are in an active state of renovation or restoration;
d. Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location; and e. Vehicles parked on any surface other than a "paved" surface as defined in Paragraph 21.48.100.D.2 of the El Paso de Robles Municipal Code.
Section 5. Subsection 12.38.040.D shall be amended to read as follows:
D. Commercial motor vehicles, trailers and/or commercial equipment, if parked on private property, shall be parked upon improved and designated parking areas. Such commercial vehicle parking areas may be approved by the planning commission pursuant to the provisions of Chapter 21.19 of the Municipal Code (Conditional Use Permits and Administrative Use Permits). The use of such parking areas is limited to a period not to exceed four hours or such lesser period of time the vehicle operator is utilizing the services provided by the business use of the premise; unless that the commercial motor vehicle, trailer and/or commercial equipment is owned or operated by the commercial use on the private property upon which it is to be parked or that the commercial motor vehicle, trailer and/or commercial equipment is operated and parked by a registered transient guest of a motel or hotel and is parked within approved designated commercial vehicle parking areas upon the business premises or on a commercial or industrially zoned street within a three hundred foot radius of the business. Such commercial parking areas may be approved by the planning commission pursuant to the provisions of Chapter 21.19 of the Municipal Code (Conditional Use Permits and Administrative Use Permits).
Section 6. Title 14, Footnote (1) shall be amended to read as follows:
Note— Authority of director of public works—See § 2.36.010 of this code. Department salary scales—See §
2.44.090 of this code. Discharge of waste water into streets—See Chapter 1.24 of this code.
Section 7. Subsection 22.16.170.A shall be amended to read as follows:
The subdivider shall file with the aforesaid agreement, to assure the subdivider's full and faithful performance thereof, a bond for such sum as is by the city engineer deemed sufficient to cover the cost of said improvements, engineering, inspection and incidental expenses. The subdivider shall also file with said agreement a labor and material payment bond for the security of material men and laborers in a sum equal to one-half of the cost of said improvements as estimated by the city engineer. Such bonds shall be executed
Exhibit A
by a surety company authorized to transact a surety business in the state and must be satisfactory to and approved by the city attorney as to form and by the city manager as to sufficiency. In lieu of said bonds, the subdivider may:
1. Deposit with the city treasurer cash money in an amount fixed as aforesaid by the city engineer; or
2. Any other form of security allowed under Government Code section 66499 of the Subdivision Map Act that the city engineer deems appropriate with approval by the city council, as security in lieu of deposit money or bonds; provided however, that a security interest in real property shall be limited to, exceptional circumstances, such as affordable housing projects, as defined in Section
21.61.020.A. If the security is other than a bond or bonds furnished by duly authorized corporate surety or cash money, an additional amount shall be included as determined by the city engineer and city attorney as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.
Section 8. Title 22, Footnote (1) shall be amended to read as follows:
Cross reference— Planning commission—See Ch. 2.20 of this code.
State Law reference— Statutory provisions—See Government Code § 66410 et seq.
Section 9. Subparagraph 22.34.010.E.3.a(vi) shall be amended to read as follows:
Within a one-hundred-year flood hazard area, unless the site either:
(1) Has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or
(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program and Chapter 21.80 of this Code.
Section 10. Subparagraph 22.34.010.E.10.a shall be amended to read as follows:
Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 21.33.030 of this Code, an ADU, or a JADU.
Section 11. Subparagraph 22.34.010.E.10.f(iii) shall be amended to read as follows:
Front Setback Area. Structures that are constructed after an urban lot split shall conform to the objective front setbacks listed in Table 21.33.030-1 of this Code, and shall yield to the degree necessary to avoid physically precluding the construction of up to two units on a lot or either of the two units from being at least eight hundred square feet in floor area. The front setback area must:
(1) Be kept free from all structures greater than three feet in height; (2) Be landscaped consistent with the objective standards within Section 21.45.020 of this Code; (3) Allow for vehicular and fire-safety access to the front structure in compliance with relevant city authorities, including city engineering standards, the California Fire Code and any local amendments, and applicable standards within this code.
Section 12. Subparagraph 22.34.010.E.15 shall be amended to read as follows:
Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
Exhibit A
a. Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days. b. Expressly prohibits any non-residential use of the lots created by the urban lot split. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that:
(i) The lot is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development. (ii) )Development on the lot is limited to development of residential units under Section 21.33.030 of this Code, except as otherwise provided or required by state law.
Attachment 4
ORDINANCE NO. 1147 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLE 7 HEALTH AND SANITATION (RZN 23-02) AND
FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3) AND 15061(b)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. All of the above recitals are true and correct and are incorporated herein by reference.
Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
Attachment 4
Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Title 7, in addition to Titles 2, 3, 5, 8, 9, 12, 14, 19, and 22, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.
Section 3. The Council hereby adopts the language attached hereto as Exhibit A, and incorporated herein by reference.
Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.
Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 1st day of October, 2024, by the following vote:
AYES:
NOES:
Attachment 4
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Title 7 Health and Sanitation
Exhibit A
EXHIBIT A – PROPOSED TITLE 7 TEXT AMENDMENTS
Section 1. Chapter 7.24 of the Paso Robles Municipal Code, Mobilehomes and Mobilehome Parks, is hereby repealed in its entirety.
Attachment 5
ORDINANCE NO. 1148 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLE 8 ANIMAL CONTROL (RZN 23-02) AND FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3) AND 15061(b)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. All of the above recitals are true and correct and are incorporated herein by reference.
Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
Attachment 5
Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Title 8, in addition to Titles 2, 3, 5, 7, 9, 12, 14, 19, and 22, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.
Section 3. The Council hereby adopts the language attached hereto as Exhibit A and incorporated herein by reference.
Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.
Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 1st day of October 2024, by the following vote:
AYES:
NOES:
Attachment 5
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Title 8 Animal Control
Exhibit A
EXHIBIT A – PROPOSED TITLE 8 TEXT AMENDMENTS
Section 1. Section 8.04.150 shall be amended to read as follows:
8.04.150 - Animal keeping.
The keeping of animals is an allowed accessory use within all residential zoning districts and shall comply with the requirements of this section and Table 8.04.150.
A. Purpose. It is the purpose of these regulations to address the raising and keeping of animals and the areas in which animals are kept on private property. It is the intent of this section to minimize potential adverse effects on adjoining properties and the neighborhood from the improper management of animals.
Such adverse effects include but are not limited to the propagation of flies and other disease vectors, dust, noise, offensive odors, soil erosion and sedimentation.
B. Applicability. This section shall apply to the raising and keeping of animals in all residential zoning districts of the city. (Note: See Section 21.69.050 of this code for regulations of bees, horses, and other large animals).
C. Prohibited Animals. The following animals are prohibited in all residential zones: fowl (excluding chicken hens which are classified as "small animals"), poultry, hogs, and swine.
D. Exceptions. Any person may raise and keep animals in excess of the maximum number allowed per site or raise and keep any prohibited animals subject to conditional use permit approval (see Chapter 21.19). (Ord. 691 N.S. § 2, 3, 1995: Ord. 684 N.S. § 3, 1995: Ord. 355 N.S. § 1, 1973; Ord. 312 N.S. § 1 (Art. I § 15), 1970)
Section 2. Table 8.04.150 shall be moved immediately after Subsection 8.04.150.D and amended to read as follows:
Exhibit A
Table 8.04.150
Animal Type Minimum Site Area Maximum Number of
Animals per
Household 1
Required Setbacks 2
Dogs and
miniature animals
None 3
3 None
Cats None 6
4 None
Household pets
(kept exclusively
indoors)
None No maximum 5 None
Small animals
(kept primarily
outdoors)
None 6
6 20 feet
Bees, horses,
and other large
animals
See Section
21.69.050
See Section 21.69.050 See Section 21.69.050
Exotic animals,
hogs/swine,
fowl/poultry
CUP 7 CUP 7 CUP 7
NOTES:
1. Young animals born by a permitted animal kept on-site may be kept until such animals are weaned.
2. As measured from adjacent dwellings.
3. Any combination of dogs and miniature animals, not to exceed three animals total.
4. If cats are kept exclusively indoors, they are household pets and are not subject to any limitation.
5. Must be kept in a clean and sanitary manner.
6. Any combination of small animals and household pets, not to exceed six animals total. If setback from adjacent residence is seventy-five feet or greater, a maximum of twenty small animals may be kept.
7. Requires conditional use permit approval (see Chapter 21.19).
Section 3. Section 8.16.050 shall be repealed in its entirety.
Attachment 6
ORDINANCE NO. 1149 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLE 19 SIGNS (RZN 23-02) AND FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3) AND 15061(b)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. All of the above recitals are true and correct and are incorporated herein by reference.
Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
Attachment 6
Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Title 19, in addition to Titles 2, 3, 5, 7, 8, 9, 12, 14, and 22, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.
Section 3. The Council hereby adopts the language attached hereto as Exhibit A and incorporated herein by reference.
Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.
Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 1st day of October, 2024, by the following vote:
AYES:
NOES:
Attachment 6
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Title 19 Signs
Exhibit A
EXHIBIT A – PROPOSED TITLE 19 TEXT AMENDMENTS
Section 1. Title 19 shall be repealed and replaced as follows:
Title 19 – Billboard Signs
Chapter 19.01. PURPOSE AND APPLICABILITY
19.01.010. Purpose.
These regulations and standards for billboard signs are established to provide a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory billboard sign standards and requirements to:
A. Preserve the natural beauty of areas adjacent to highways; B. Make a positive visual impression at the gateways to the City; C. Protect the general public health, safety, welfare, and aesthetics of the City; D. Ensure the proper maintenance of signs;
E. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content-neutral approach and appropriately regulating the time, place, and manner under which signs may be displayed;
F. Preserve and improve the appearance of the City, protect the City from visual clutter and blight, and promote attractive and harmonious structures and environments by regulating the design, character, location, type, quality of materials, scale, illumination, and maintenance of signs; and
G. Balance the rights of individuals to convey their messages and the right of the public to be protected against the unrestricted proliferation of signs and to provide for fair and equal treatment of sign users.
19.01.020. Applicability.
The regulations of this Title apply to all billboards. Other signs are addressed in Chapter 21.52 (Signs) and Chapter 11.30 (Street Furniture).
19.01.030. Severability.
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Title.
19.01.040. Definitions.
The following definitions shall apply to terms used within this Title:
Exhibit A
A. Billboard. An off-premises sign designed for the periodic changing of a printed or painted copy and intended for the view of travelers on a State or US highway.
B. Conforming Billboard Sign. A billboard sign that is legally installed in accordance with Federal, State, and local permit requirements and laws.
C. Copy. The message or content of a sign, which may include letters, numbers, logos, figures, and/or images.
D. Nonconforming Billboard Sign. A billboard sign that was legally established prior to the effective date of this Title and that does not conform to the provisions of this Title.
E. Off-Premises Sign. A sign that promotes a business, activity, product, or service available on property other than that on which the sign is located, or which directs the public to a business or activity on another property.
F. Sign Area. The cumulative area of all sign faces on a single side of a billboard.
Chapter 19.02. REVIEW PROCESS
19.02.010. Conditional Use Permit.
A Conditional Use Permit pursuant to Chapter 21.19 shall be obtained for the placement of any billboard sign, subject to the restrictions of this Title.
19.02.020. Other Agency Permits.
An application for a Conditional Use Permit shall be accompanied by a California Outdoor Advertising Act Permit issued by the California Department of Transportation (Caltrans).
Chapter 19.03 ALLOWED LOCATIONS
19.03.010. Adjacent to Highway.
A billboard sign shall only be permitted on a property adjacent to US Highway 101 or State Highway 46. For the purposes of this Title, "adjacent to" includes properties separated by a frontage road but does not include lesser street corridors.
19.03.020. Zoning Districts.
A billboard sign shall only be permitted within the C-2, C-3, and M zoning districts.
19.03.030. Minimum Spacing.
In the interest of driver and vehicle safety and the City's interests in aesthetics, the most restrictive requirement of the following two requirements shall apply:
Exhibit A
A. No billboard sign shall be located within 3,500 feet from any other billboard sign on the same side of the highway, or
B. No more than 3 billboard signs shall be allowed within any 1-mile stretch of the highway.
19.03.040 Public Property.
Nothing in this Title shall be construed to prohibit the City of Paso Robles from approving a billboard sign or other off-premises sign designed to provide public information when the City owns the property on which the billboard sign shall be placed. No other person, other than the City of Paso Robles, shall be allowed to use any billboard sign on public property for any purpose.
Chapter 19.04 DEVELOPMENT STANDARDS FOR BILLBOARDS
19.04.010 Size.
No billboard sign shall be larger than 300 square feet in sign area per face, not to exceed two faces and 600 square feet total. Sign area shall be measured in accordance with Paragraph 21.52.070.B.
19.04.020 Height.
No billboard shall exceed 30 feet in height, as measured in accordance with Paragraph 21.52.070.B.
However, if the top of a billboard is higher than the majority of buildings located on the same and/or adjacent lots, the billboard shall be separated from such buildings by 1 foot for every linear foot of the sign height. If this requirement is not satisfied, the billboard shall be prohibited.
19.04.030 Construction Quality.
All new billboard signs shall be made of metal construction or otherwise have similar structural integrity, as determined by the City’s Building Official.
19.04.040 Landscaping.
Landscaping shall be required at the base of the billboard as a means of bringing the sign into a less obtrusive scale to its surroundings.
19.04.050 Electronic Copy.
Electronic display panels or mechanically changeable messages of any type is strictly prohibited on all billboard signs. Only static printed or painted message graphics may be placed on billboard signs.
19.04.060 Lighting Methods.
Any lighting shall be external, directed downward, and shielded so the light source is not visible off site and does not create off-site glare, or conflict with City “dark sky” protection policies.
19.04.070 Distance from Highway.
Any billboard shall be set back from the highway rights-of-way at minimum of 1 foot for every vertical foot of sign height.
Exhibit A
Chapter 19.05 NONCONFORMING BILLBOARDS
19.05.010 Right to Continue.
Billboards that were not lawfully established do not have a legal right to continue as nonconforming signs unless required by State or Federal law.
19.05.020 Loss of Legal Nonconforming Status.
A. The right to continue a nonconforming billboard 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 Title 9 (Public Safety), 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 requires 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.
19.05.030 Continuation of Legal Nonconforming Billboards.
Legally nonconforming billboards and other billboards that have the right to continue by State or Federal law may continue to be used and maintained subject to the following limitations:
A. Sign copy may be changed.
B. No intensification of the billboard is permitted including, but not limited to:
1. The billboard shall not be increased in sign area, height, or any other dimension.
2. No new lighting, brighter lighting, or less shielded lighting shall be added to the billboard.
C. If the billboard is damaged by fire, earthquake, explosion, or other force majeure to an extent of more than 50 percent of the supporting structure as determined by the Building
Exhibit A
Official, the billboard shall only be rebuilt to conform to the present billboard development standards (Chapter 19.04) subject to the billboard review process (Chapter 19.02). In addition to the required findings for approval of a Conditional Use Permit, findings shall also be made that restoring the billboard 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.
City Council Agenda Report
From: Katie Banister, Associate Planner
Subject: Rezoning and Development Plan - Spring Street Mixed-Use / Affordable Housing Density Bonus Project - construction of a mixed-use building with 3400± square foot first floor commercial space including a winetasting room, 16 hotels rooms, and 8 residential units (including 1 density bonus very low-income unit). RZN23-01, PD22-11, CUP23-07, P22- 0076
The application is a request:
1. Rezone the property to adding a Zoning Map overlay for the Resort/Lodging overlay district to allow a hotel on the property,
2. Approve a Development Plan for construction of the building including an Affordable Housing Density Bonus, and
3. Approve a Conditional Use Permit for a Winetasting Room.
CEQA: In compliance with the California Environmental Quality Act (CEQA), an initial study and mitigated negative declaration (SCH 2024070401) were prepared for the project and were circulated between July 11, 2024 and August 9, 2024. There is no substantial evidence that the project will have a significant effect on the environment with the incorporation of mitigation measures.
Location: 1745 Spring Street (APN 008-283-012)
Date: October 1, 2024
Facts
1. Tobin James, represented by project architect, George Garcia, has applied for Development Plan 22- 11, Conditional Use Permit 23-07, and Rezone 23-01, a request for approval to construct a mixed-use building with 3,400± square feet of commercial space including a winetasting room, 16 hotels rooms, and 8 residential units (including one density bonus very low-income unit) (P22-0076).
2. The project is located at 1745 Spring Street (See Vicinity Map, Attachment 1).
3. The site has a General Plan land use designation of Mixed Use (MU-8) and is in the T3-F (Flex) zoning district where residential units are an allowed use; winetasting rooms are a conditionally allowed use when located on Spring Street; and hotels are a prohibited use.
4. The applicant has requested the City Council rezone the property to include the Resort/Lodging Overlay District to allow a hotel.
5. The maximum density allowed in the T3-F zoning district is 12 density units/acre, or 6 density units for the 0.48-acre project site.
6. The project includes one residential unit restricted to a very low-income household (17% of the allowed density units), which qualifies the project to a 50% density bonus and three concessions consistent with California Government Code Section 65915.
7. The applicant has requested a 33% density bonus, and an exception from the City’s height standards and an exception to its parking requirements both as concessions.
8. The site was originally developed as a Chevron gas station in 1963. The station was demolished in 2003. Four leaking underground tanks (LUST) were remediated on the property between 2003 and 2020.
9. The project was first reviewed by the Development Review Committee on January 30, 2023. At that time, staff described the architecture of the project as in the International Style. The Development Review Committee determined the design of the project was not compatible with the vision of the downtown and requested the applicant work with staff to prepare a more compatible project.
10. The project was redesigned and presented to the Development Review Committee for the second time on September 18, 2023. The majority of Development Review Committee members preferred the redesigned project, which is more similar to the Downtown Commercial architectural style included in the Architectural Guidelines of the Uptown/Town Centre Specific Plan. The Development Review Committee requested staff provide more information about the State’s requirements for affordable housing density bonuses especially as it relates to parking concessions and whether additional angled parking can be placed on 18th Street adjacent to the project.
11. The project was scheduled for a public hearing on August 13, 2024, but was continued to August 27, 2024. At the August 27, 2024 Planning Commission meeting, the hearing was continued to September 10, 2024.
12. The Planning Commission held a public hearing on September 10, 2024, considered the facts as presented in the initial study and mitigated negative declaration and staff report prepared for this project, accepted public testimony regarding the project, and on two votes of 6-0 (recommending the IS/MND and Rezone), and one vote of 5-1 (the Conditional Use Permit and Development Plan), recommended the City Council approve the project.
13. Pursuant to the Statutes and Guidelines of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq., and the City’s Procedures for Implementing CEQA, an initial study and mitigated negative declaration (SCH 2024070401) were prepared for the project and were circulated between July 11, 2024 and August 9, 2024. There is no substantial evidence that the project will have a significant effect on the environment with the incorporation of mitigation measures.
Community Outreach
Notices announcing the availability of the project’s mitigated negative declaration and the Planning Commission’s public hearing were placed in the newspaper and mailed to neighbors and interested parties. Notice of the City Council public hearing was placed in the newspaper, mailed to neighbors, and posted on the property.
Options
After consideration of any public testimony, the City Council should consider the following options:
1. Approve the project by:
a. Approving Resolution 24-XXX (A), adopting of Mitigated Negative Declaration SCH 2024070401, subject to mitigation measures;
b. Introduce for 1st reading, by Title only, Ordinance XXXX, adding a Zoning Map overlay for the Resort/Lodging overlay district to the property, based on findings; and c. Approving Resolution 24-XXX (B), approving the Development Plan including an affordable housing density bonus and related concessions, and the Conditional Use Permit for a winetasting room, based on findings and subject to conditions of approval.
2. Approve the project with modifications by amending and adopting Resolution 24-XXX (A), Ordinance XXXX, and Resolution 24-XXX (B).
3. Refer the project back to the Planning Commission or staff for additional analysis.
4. Deny the project by adopting findings of denial.
Analysis and Conclusions
Project Summary
The project includes:
• Two commercial tenant spaces totaling 3,346 square feet on the ground floor • 16 hotel rooms
• 8 one-bedroom apartments (including 1 density bonus very low-income unit) 21 parking spaces
Consistency with the Uptown/Town Centre Specific Plan
The project is located in the T3-F zoning district, where the desired building form is small detached residential and/or small attached retail. The project has been designed as a Flex Shed building, which is described as a “building designed for occupancy primarily by light manufacturing, workshop, and warehouse uses. Flex Shed buildings may also accommodate residential uses provided that ground floor residential uses do not exceed 20% of the total ground floor area. 100% of upper floor areas may be occupied by residential uses.”
The project meets most of the applicable standards of the Uptown/Town Centre Specific Plan as demonstrated in the following table. The applicant has requested an exception for each of the 2 development standards out of compliance in the form of Density Bonus concessions permissible under State law, as further detailed below.
Applicable Development Standards
Development Standard Requirement/Allowed Proposed Compliance Flex Shed Building Type
Stories 3 3 Yes
Height 36 feet
35 feet 6 inches
39 feet to mechanical screen
46 feet 2 inches to elevator
No
Height Ratio 3
rd story = 100% floor area 100% Yes
Max building length 100 feet
130 feet broken into 2
masses, 46 feet and 66 feet
wide
Yes
Main pedestrian access From the street From the street Yes Open Space 40sf/dwelling unit (320sf) Shared courtyard ≈ 2,000sf Yes Development Standard Requirement/Allowed Proposed Compliance Setbacks
Front 15-20 feet 15 feet Yes
Interior Side 8 feet 8 feet Yes
Street Side 12-15 feet 12 feet Yes
Rear 10 feet 10 feet Yes
Cantilevered Room
Encroachment 2 feet into setback 2 feet into rear setback Yes Parking Setback
Front 50% of lot depth Behind building Yes
Interior Side 5 feet 5 feet Yes
Street Side 12 feet 12 feet Yes
Rear 5 feet 8 feet Yes
Onsite Parking See discussion below 21 No
Parking
Paso Robles Municipal Code Section 21.22.030 states, “Buildings or land uses within the boundaries of the uptown/town center specific plan are subject to the parking requirements of said specific plan.” In the T3-F zoning district where hotels are not allowed, commercial uses are required to provide one parking space/400 square feet of non-residential space including outdoor seating areas. The gross indoor area of the commercial spaces, hotel rooms, and housekeeping for this project, is 15,389 square feet. The hotel roof deck is approximately 700 square feet. The enclosed courtyard is approximately 2,000 square feet. The total commercial floor area of this project is approximately 18,089 square feet, which has a parking requirement of 45 parking spaces. The Uptown/Town Centre Specific Plan allows 66% of the commercial parking requirement (30 spaces) to be counted toward the eight-space residential parking requirement, so no additional spaces are required for the residential units. Using this method, the total parking requirement would be 45 spaces.
Based on the request for a rezone, staff recommends using the hotel parking requirement for the TC-2 district, which is appropriate in conjunction with applying the Resort/Lodging overlay district. The parking requirement is one parking space per hotel room, one parking space for each staff member on the largest shift, and one parking space per 1,200 square feet of hotel accessory uses open to the general public. The draft resolution includes conditions of approval that prohibit the use of the rooftop deck and the courtyard for members of the general public (i.e., those not staying in the hotel or living in one of the residential units). Using this method, the project would need a total of 26 parking spaces.
Uptown / Town Center Specific Plan Parking Calculations 1 space/hotel room 16
1 space/hotel staff on the largest shift 2
1 space /1,200sf of hotel amenities open to the public 0 1 space/400sf commercial (nonresidential space) 8
1 space/1-bedroom residence 0 (no parking required based on mixed use shared parking)
= 26 parking spaces required
Parking Provided 21
Parking Total -5 spaces
The project includes only 21 onsite parking spaces creating a deficit of 5 parking spaces – requested density bonus concession.
Density and State Affordable Housing Density Bonus
California Government Code Section 65915 and Chapter 21.16L of the Zoning Ordinance address density bonuses. State law is specific about the proportion of a project that must be affordable to be eligible for density bonuses and concessions from the City.
The project is in the T3-F zoning district, which the 2020 Housing Element defines as having a maximum density of 12 density units/acre. The project site for this proposed development is 0.48 acre in size, so a maximum of six units are permitted. The project proposes one residential unit restricted to a very lowincome household (17% of units), which qualifies the project to a 50% density bonus in additional units and up to three concessions under California Government Code Section 65915.
Concessions are defined by Government Code Section 65915(k) as “any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements . . . including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, . . . or for rents for the targeted units. . . (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the city . . . that result in identifiable and actual cost reductions to provide for affordable housing costs, . . . or for rents for the targeted units. . .”
California Government Code Section 65915(d)(1) states, the City Council “shall grant the concession or incentive requested by the applicant unless” it “makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions, . . . to provide for affordable housing costs, . . . or for rents for the targeted units. (B) The concession or incentive would have a specific, adverse impact . . . upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law.” The applicant has requested a 33% density bonus of two units (for a total of eight residential units), and an exception/concession from both: the City’s height standards and an exception to its parking requirements as follows:
1. Height exception for portions of the building exceeding 36 feet (“Height Concession”)
2. Parking reduction of five parking spaces to address the deficit of required onsite parking spaces for the project (“Parking Concession”).
For purposes of this project, the City may grant up to three concessions for a reduction of development standards or other regulatory incentives or concessions provided it results “in identifiable and actual cost reductions to provide for affordable housing costs.” Under Government Code Section 65915(d)(1), the City is required to grant the Height Concession and Parking Concession unless substantial evidence supports specific findings to the contrary.
Planning staff and the City Attorney have reviewed the concession request in depth and have concluded that the City cannot make the finding necessary to deny the requested concessions.
Therefore, the recommendation is to grant both the Height Concession and Parking Concession as required by State law.
In accordance with state law, the applicant will further ensure the continued affordability of all very lowincome rental units that qualified the applicant for the award of the density bonus for a period of no less than 55 years. Before issuance of a certificate of occupancy for any part of the project, the applicant will execute and record whatever deed restriction, regulatory agreement, restrictive covenant, or other instrument the City Attorney deems appropriate to implement this requirement.
Architectural Guidelines
The building was originally designed in a Mid-Century Modern/International Style, which was rejected by the Development Review Committee as inconsistent with the Architectural Design Guidelines of the Uptown/Town Centre Specific Plan. The building was redesigned and is most similar to the Main Street Commercial architectural style. Draft resolution C includes conditions to require the following features shown on the project plans are included in the final building construction plans:
• The applicant shall inset the face of glass for all windows at least two inches from the face of the exterior wall in which it is installed.
• The applicant shall use only clear and smooth glass in the storefront windows. • The applicant shall not include horizontally sliding windows in the upper stories of the project.
Resort/Lodging Overlay District
The City Council will also consider a request to apply the Resort/Lodging overlay district and its standards to the property to allow a hotel, given that hotels are a prohibited use in the current zoning district. Paso Robles Municipal Code Section 21.18B.010 states:
The resort/lodging (R/L) overlay district is intended to provide a means through which the city council (and, through the development review process, the planning commission) can consider and selectively provide appropriate locations resort hotels, motels, bed and breakfast inns, and similar forms of visitor-serving lodging (along with related accessory/ancillary land uses).
The city's adopted economic development strategy establishes the goal of developing El Paso de Robles into an "end destination" tourist attraction. Providing a resort/lodging (R/L) zoning overlay can assist in achieving this goal by encouraging consideration of appropriate locations for resorts, lodging and related/ancillary land uses (without providing the broader range of permitted and conditionally permitted land uses and the accompanying neighborhood and environmental impacts that are associated with a commercial or industrial general plan or zoning designation). The R/L land use overlay can be established on any property, subject to approval of a zone change application.
Considerations upon which to base approval or denial of a R/L overlay application shall include but not be limited to adequacy of streets and highways to handle the anticipated traffic, and compatibility with adjacent and nearby land uses. The city council may determine not to consider an R/L zoning overlay application without the accompanying site plan and elevation designed to demonstrate how the design of the project could be considered compatible with the surrounding neighborhood.
Allowed uses in the R/L overlay district are resorts, hotels, motels, and bed and breakfast inns. Allowed accessory uses are spas and other recreational facilities, restaurants, conference rooms, retails sales, and other visitor-serving land uses. Conditionally allowed uses are caretaker dwellings and outdoor recreation.
Conditional Use Permit
Conditional use permits allow the Planning Commission and/or City Council to consider whether certain uses are appropriate where proposed and to apply conditions to ensure the use is compatible with the surrounding neighborhood. Winetasting Rooms are conditionally allowed in the T3-F district along Spring Street. The project has requested a conditional use permit to allow the establishment of a winetasting room in Unit C2, the southern ground floor tenant space. The Paso Market Walk to the north of the site, includes winetasting. The project is also adjacent to the Kuehl-Nicolay Funeral Home located to the south at 1703 Spring Street, and the Christian Life Center Church and a residential neighborhood are located to the west of the site.
Mitigation Measure N-1 states, “The outdoor courtyard and rooftop patio shall be open to tenants of the residential units and hotel units on the property only. Ongoing, amplified music and other nightclub activities shall be prohibited in the outdoor areas of the project unless a noise study is conducted, and adequate mitigation is provided to preclude violations of the noise ordinance.” Staff recommends the City Council consider whether any additional conditions of approval are needed to fit a winetasting use into the surrounding neighborhood.
Fiscal Impact
There is no direct fiscal impact to the City by this action. However, the project is expected to have net positive fiscal impact on the City once completed. The hotel units will require transient occupancy taxes to be remitted to the City, while the commercial tenant spaces are likely to generate sales taxes, resulting in increases in City sales tax revenues.
CEQA
In compliance with the California Environmental Quality Act (CEQA), an initial study and mitigated negative declaration (SCH 2024070401) were prepared for the project and were circulated between July 11, 2024 and August 9, 2024. There is no substantial evidence that the project will have a significant effect on the environment with the incorporation of mitigation measures, which include (paraphrased):
• Shielding exterior lights and providing low intensity parking lot lighting; • Notifying the Paso Robles Joint Unified School District and The Christian Life Center of the potential for increased emissions associated with the project before the start of grading; • Constructing the project with adequate electrical panel capacity to support an all-electric retrofit of the development and conduit to support retrofitting to include vehicle battery charging; • Preparation of a soils management plan to address any residual pollution from the previously remediated leaking underground storage tanks;
• Limitation of outdoor use areas to hotel guests and residential tenants unless a noise study is conducted; and
• Transportation improvements including a new bulb out at the corner of Spring and 18th Streets and the installation of signage.
Recommendation (Option 1)
Approve the project by the following actions:
1. Approve Resolution 24-XXX (A) adopting Mitigated Negative Declaration SCH 2024070401, based on findings and subject to mitigation measures; and
2. Introduce for 1st reading, by Title only, Ordinance XXX adding a Zoning Map overlay for the Resort/Lodging overlay district to the property, based on findings; and
3. Approve Resolution 24-XXX (B) approving Development Plan 22-11, including an affordable housing density bonus and concessions, and Conditional Use Permit 23-07 for a winetasting room, based on findings and subject to conditions of approval.
Attachments
1. Vicinity Map
2. Resolution 24-XXX (A) adopting Mitigated Negative Declaration SCH 2024070401 Exhibit A. Initial Study and Mitigated Negative Declaration Exhibit B. Comment Letter from the Santa Ynez Chumash Tribe Exhibit C. Comment Letter from the California Department of Toxic Substance Control Exhibit D. Comment Letter from the California Department of Conservation
3. Ordinance XXXX – Rezone Ordinance
Exhibit A. Map of the Resort/Lodging Overlay District
4. Resolution 24-XXX (B) approving Development Plan 22-11 and Conditional Use Permit 23-07 Exhibit A - Site-Specific Conditions of Approval
Exhibit B - Standard Conditions of Approval
Exhibit C - Project Plans
5. Comment Letter from Jeff Carr
6. Comment Letter from Linda Colwell
7. Comment Letter from Healthy Communities
8. Legal Notice Affidavit
9. Mail Notice Affidavit
Attachment 1
Vicinity Map
Attachment 2
RESOLUTION 24-XXX (A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASO ROBLES ADOPTING MITIGATED NEGATIVE DECLARATION SCH 2024070401
FOR THE SPRING STREET AFFORDABLE HOUSING AND MIXED-USE PROJECT 1745 SPRING STREET / APN: 008-283-012
APPLICANT – TOBIN JAMES
WHEREAS, Tobin James, represented by George Garcia, has applied for Development Plan 22-11, Conditional Use Permit 23-07, and Rezone 23-01, a request for approval to construct a mixed-use building with 3,346 square feet of commercial space including a winetasting room, 16 hotels rooms, and 8 residential units (P22-0076) (collectively, the “project”); and
WHEREAS, the project is located at 1745 Spring Street; and WHEREAS, the site has a General Plan land use designation of Mixed Use (MU-8) and is in the T3-F (Flex) zoning district where residential units are an allowed use, winetasting rooms are a conditionally allowed use when located on Spring Street, and hotels are not an allowed use; and WHEREAS, the applicant has requested the City Council rezone the property to include the Resort/Lodging Overlay District and apply its standards upon the property; and WHEREAS, the maximum density allowed in the T3-F zoning district is 12 density units/acre, or 6 density units for the 0.48-acre project site; and
WHEREAS, the project includes 1 residential unit restricted to a very-low-income household (17% of the total allowed density units), which qualifies the project to a 50% density bonus and up to 3 concessions consistent with California Government Code Section 65915; and
WHEREAS, the applicant has requested a 33% density bonus and an exception from the City’s height standards and an exception to its parking requirements both as concession; and WHEREAS, the site was originally developed as a Chevron gas station in 1963. The station was demolished in 2003. Four leaking underground tanks were remediated on the property between 2003 and 2020; and WHEREAS, the project was first reviewed by the Development Review Committee on January 30, 2023. At that time, staff described the architecture of the project as in the International Style. The Development Review Committee determined the design of the project was not compatible with the vision of the downtown and requested the applicant work with staff to prepare a more compatible project; and WHEREAS, the project was redesigned and presented to the Development Review Committee for the second time on September 18, 2023. The majority of Development Review Committee members preferred the redesigned project, which is more similar to the Downtown Commercial architectural style included in the Architectural Guidelines of the Uptown/Town Centre Specific Plan. The Development Review Committee requested staff provide more information about the State’s requirements for affordable housing density bonuses especially as it relates to parking concessions and whether additional angled parking can be placed on 18th Street adjacent to the project; and
Attachment 2
WHEREAS, pursuant to the Statutes and Guidelines of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq., and the City’s Procedures for Implementing CEQA, an initial study and mitigated negative declaration (SCH 2024070401) were prepared for the project and were circulated between July 11, 2024 and August 9, 2024; and
WHEREAS, public notice of the proposed Mitigated Negative Declaration was posted as required by Section 21092 of the Public Resources Code; and
WHEREAS, the project was scheduled for a public hearing at the Planning Commission on August 13, 2024 but was continued to August 27, 2024. At the August 27, 2024 Planning Commission meeting, the hearing was continued to September 10, 2024; and
WHEREAS, the Planning Commission held a public hearing on September 10, 2024, and considered the facts as presented in the initial study and mitigated negative declaration and staff report prepared for this project, accepted public testimony regarding the project, and on a vote of 6-0, adopted Resolution PC 24-022 recommending the City Council adopt the Mitigated Negative Declaration; and WHEREAS, the City Council held a public hearing on October 1, 2024, and considered the facts as presented in the initial study and mitigated negative declaration and staff report prepared for this project, and accepted public testimony regarding the project; and
WHEREAS, based on the information and analysis contained in the Initial Study prepared for this project and testimony received, the City Council finds that, as mitigated, there is no substantial evidence supporting a fair argument that there would be a significant impact on the environment by the project; and WHEREAS, pursuant to CEQA the City Council has independently reviewed the Initial Study, the Mitigated Negative Declaration, and all comments received regarding the Mitigated Negative Declaration, and based on the whole record before it, the City Council finds the Mitigated Negative Declaration was prepared in compliance with CEQA and the CEQA Guidelines, that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council has independently reviewed the Initial Study and Mitigated Negative Declaration SCH 2024070401, and all comments received regarding the Negative Declaration as a result of the public notice, and based on the whole record before it, and hereby finds that:
a. The Mitigated Negative Declaration was prepared in compliance with the California Environmental Quality Act (Pub. Res. Code Section 21000 et seq.: “CEQA”) and the State CEQA Guidelines; b. The Mitigated Negative Declaration contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment of the City Council; and
Attachment 2
c. There is no substantial evidence supporting a fair argument that there would be a significant impact on the environment by the project.
Section 3. The City Council of the City of El Paso de Robles, based on its independent judgment and analysis, adopts Mitigated Negative Declaration SCH 2024070401 (Exhibit A) for the Spring Street Affordable Housing and Mixed-Use Project Rezone, Development Plan, and Conditional Use Permit in accordance with the Statutes and Guidelines of the California Environmental Quality Act (CEQA) and the City’s Procedures for Implementing CEQA.
Section 4. The City Council directsstaff to file a Notice of Determination with the County of San Luis Obispo and the State Clearinghouse within five (5) working days of the Project approval.
PASSED AND ADOPTED this 1
st day of October 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr.
ATTEST:
Melissa Boyer, City Clerk
Exhibits:
A. Exhibit A – Initial Study and Mitigated Negative Declaration SCH 2024070401 B. Exhibit B – Comment Letter from the Santa Ynez Chumash Indians C. Exhibit C – Comment Letter from the Department of Toxic Substance Control D. Exhibit D – Comment Letter from the California Department of Conservation
CALIFORNIA ENVIRONMENTAL QUALITY ACT
ENVIRONMENTAL INITIAL STUDY CHECKLIST FORM
Public Review Period July 11, 2024 – August 10, 2024
1. PROJECT TITLE:
Entitlements:
2. LEAD AGENCY:
Contact:
Phone:
Email:
3. PROJECT LOCATION:
4. PROJECT PROPONENT:
Contact:
Phone:
Email:
5. GENERAL PLAN DESIGNATION:
6. ZONING:
7. PROJECT DESCRIPTION:
8. ENVIRONMENTAL SETTING:
Spring Street Affordable Housing and Mixed
Use Project (P22-0076)
Development Plan (PD22-11) for a new
affordable housing and mixed-use building
Conditional Use Permit (CUP23-07) for a
winetasting room
Rezone (RZN23-01) to apply the Resort/
Lodging overlay district to the property
City of Paso Robles
1000 Spring Street
Paso Robles, CA 93446
Katie Banister
(805) 237-3970
[email protected]
1745 Spring Street
Paso Robles, CA 93446
APN: 008-283-012
Tobin James
George Garcia
805-783-1880
[email protected]
Mixed Use (MU-8)
T3-F
The applicant proposes to develop a vacant infill
lot in the downtown of Paso Robles with a
mixed-use building including 3,346 square feet of
commercial space, 16 hotel rooms, and 8
residential apartments (13% of which will be
deed restricted to very-low income households).
The 0.48-acre property is nearly level and was
previously developed as a vehicle service station.
Exhibit A
9. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED):
Regional Water Quality Control Board
10. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Yes. The Northern Chumash Tribal Council and Salinan Tribe of Monterey and San Luis Obispo Counties have requested to be included in the review of the project. The site is entirely disturbed by previous use of the property as a service station. No cultural or tribal resources are observable at ground surface. Mitigation measures would require the applicant to stop work and contact tribal representatives if any resources are discovered during construction of the project.
Exhibit A
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture / Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology/Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities / Service Systems Wildfire Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature:
July 9, 2024
Date
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Exhibit A
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved. Answers should address off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. “Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “"Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
8. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance.
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS: Would the project:
a. Have a substantial adverse effect on a scenic
vista?
Discussion: The site is located along Spring Street, the full length of which is identified in the General Plan Conservation Element as a visual corridor, where “Development shall be designed to make a positive visual impression and incorporate/preserve natural features” and “Architectural design of new development on Spring Street shall be compatible with, and incorporate features identified in adopted design guidelines.” The adopted Architectural Guidelines for Spring Street are included as Appendix 2 of the Uptown/Town Centre Specific Plan. The Development Plan process is the method by which the review authority bodies of the City make a determination for whether a project is consistent with design guidelines. b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
Discussion: The property is not within nor is it visible from a state scenic highway. c. Substantially degrade the existing visual
character or quality of public views of the
site and its surroundings? (Public views are
those that are experienced from publicly
accessible vantage point). If the project is in
an urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
Discussion: This project is the development of a mixed-use building in an urbanized area within the Uptown/Town Centre Specific Plan, where infill development of both commercial and residential uses is encouraged in the historic . One of the purposes of the specific plan is for “New and remodeled buildings [to] work together to define the pedestrian‐oriented space of the public streets within the plan area, and [to be] harmonious with each other and the desired character” of the specific plan area.
The project is adjacent to the Kuehl-Nicolay funeral home located in a red brick Queen Anne Victorian building constructed in 1895 as a residence. The funeral home’s parking lot will separate the proposed building from the existing building. To the north is a recently constructed commercial development that includes a large wine country style market building and a Carpenter Gothic style residence constructed in 1890 that has been converted into a restaurant. The church to the west of the project is a well maintained, but not historically or architecturally significant, building.
The Planning Commission and City Council act as the review authority for development review in the City to ensure new projects are consistent with design guidelines including those adopted in the Uptown/Town Centre Specific Plan. The impact of the project on public views with be less than significant. d. Create a new source of substantial light or
glare that would adversely affect day or
nighttime views in the area?
Discussion: The development is a mixed-use building in an urbanized area that will include outdoor lighting mounted to the building and freestanding in the parking lot. The project is located in a commercial district, but is bounded to the west by a residential district. The existing use to the west is a church and its accessory parking lot. To the south is the Kuehl-Nicolay funeral home, a commercial use. The parking lot will be □ □ □
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Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
located at the rear of the project; its lighting has the potential to cause light or glare in the area.
The aesthetic impacts of the project as a source of light or glare would be less than significant with the following mitigation measures applied:
Mitigation Measure AES-1: Light fixtures installed by the applicant for the project shall be downcast light with shielding included so the light source is at least 2 inches above the bottom of the shield.
Mitigation Measure AES-2 The applicant shall limit parking lot illumination to no more than 0.5 foot-candles in a uniform pattern (no more than 3:1 (max/min) ratio)25.
II. AGRICULTURE AND FOREST RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
Discussion: The site is the redevelopment of a vacant site in an urbanized area and will not have an impact on agricultural resources.
b. Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
Discussion: The site is not under Williamson Act contract, nor is it currently used for agricultural purposes. c. Conflict with existing zoning for, or cause
rezoning of, forest, land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 5114(g))?
Discussion: There are no forest land or timberland resources within the City of Paso Robles. d. Result in the loss of forest land or conversion
of forest land to non-forest use?
Discussion: The City of Paso Robles does not contain forest land resources. e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
Discussion: The site is located within the city limits of Paso Robles and surrounded by urbanized uses. The project will have no impact on conversion of farmland.
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Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
a. Conflict with or obstruct implementation of
the applicable air quality plan?
Discussion: An Air Quality and Greenhouse Gas Impact Assessment was completed in August 2023 by Ambient Air Quality and Noise Consulting for the project (Attachment 3) The project is consistent with strategies identified in the 2002 San Luis Obispo Air Pollution Control District (SLOAPCD) Clean Air Plan12 because it “ would comply with current building standards pertaining to the promotion of alternative means of transportation, including onsite bicycle parking requirements, as well as measures related to the promotion of alternatively-fueled/electric vehicles. In addition, based on the traffic analysis prepared for this project, implementation of the proposed project would result in overall reductions in regional VMT [vehicle miles traveled]”. The City of Paso Robles is a jobs-rich community with approximately “27 percent more jobs than housing units”. While the project would provide more jobs than housing units, the “project would result in overall reductions in regional VMT”.
The project is consistent with the 2005 SLOAPCD Particulate Matter Report because “particulate emissions generated during construction would not exceed applicable SLOAPCD significance thresholds”. b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under an
applicable federal or state ambient air quality
standard?
Discussion: The project air quality assessment reports, “the project area typically experiences "good” air quality with the total number of days ranging from 178 to 211 days per year.” San Luis Obispo County is a non-attainment area for the state standards for ozone and suspended particulate matter (PM10)10.
The San Luis Obispo County area is a non-attainment area for the state standards for ozone and suspended particulate matter12. The potential for future project development to create adverse air quality impacts falls generally into two categories: short-term (construction-related) and long-term (operational) impacts. The assessment determined the project will not exceed construction or operational air quality significance thresholds as indicated in the following two tables, so will have a less than significant emissions for criteria pollutants.
Construction Emissions
Pollutant Maximum Daily
Emissions 2024
Maximum Daily
Emissions 2025
Significance
Threshold
Significance
Determination
ROG + NOx 18.75 lb/day 16.01 lb/day 137 lb/day Less than significant Diesel PM 1.51 lb/day 0.85 lb/day 7 lb/day Less than significant Fugitive Dust PM10
7.88 lb/day
(0.36 T/quarter) 0 lb/day 2.5 T/quarter Less than significant □ □ □
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Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Operational Emissions
Pollutant Project
Average
Significance
Threshold
Significance
Determination
ROG + NOx 3.13 lb/day 25 lb/day Less than significant
Diesel PM 0.06 lb/day 1.25 lb/day Less than significant Fugitive Dust PM10 0.65 lb/day 25 lb/day Less than significant Carbon Monoxide 5.73 lb/day 550 lb/day Less than significant c. Expose sensitive receptors to substantial
pollutant concentrations?
Discussion: Sensitive receptors within 1000 feet of the project include residential uses, a day care center, and an elementary school. The nearest residences are on Oak Street and 18th Street , each about 100 feet from the perimeter of the project. Christian Life Center, immediately west of the project, operates a full-time preschool. Glen Speck Elementary School is located on the northwest corner of the intersection of Vine and 17th Streets, while the Marie Bauer Early Education Centeris located on the southeast corner. The project is about 335 feet from the Marie Bauer campus and 650 feet from the Glen Speck campus.
Based on the SLOAPCD map of naturally occurring asbestos, the project is not located near any locally significant deposit, so is not expected to disturb asbestos or create emissions that would impact sensitive receptors.
Short-term fugitive dust emissions are expected during construction activities, which could contribute to a localized concentration of emissions. The following mitigation measures will decrease the impact to less than significant.
Mitigation Measure AQ-1: The applicant shall reduce the amount of disturbed area where possible.
Mitigation Measure AQ-2: During construction activities, the applicant shall use water trucks, SLOAPCDapproved dust suppressants, or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding 20 percent opacity for greater than 3 minutes in any 60-minute period. The applicant shall increase watering frequency whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. The applicant shall use an APCD-approved dust suppressant where possible to reduce the amount of water used for dust control. For a list of suppressants, see Section 4.3 of the CEQA Air Quality Handbook.
Mitigation Measure AQ-3: The applicant shall spray all dirt stockpile areas daily or cover with tarps or other dust barriers as needed.
Mitigation Measure AQ-4: The applicant shall pave all roadways, driveways, and frontage improvements as soon as possible. The building pad shall be laid as soon as possible after grading unless seeding or soil binders are used.
Mitigation Measure AQ-5: The applicant shall cover all dirt, sand, soil, or other loose materials hauled by truck or shall maintain at least two feet of freeboard (minimum vertical distance between the top of load and top of truck or trailer) in accordance with California Vehicle Code (CVC) Section 23114.
Mitigation Measure AQ-6: During construction the applicant shall install and operate track-out prevention devices (any device or combination of devices that are effective at preventing sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304) at all designated access points so that tracked out soils do not accumulate on paved roadways. The applicant □ □ □
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
shall require all employees, subcontractors, and others exiting the project site to use designated access points.
Rumble strips, steel plates, and other track out prevention devices shall be periodically cleaned.
Mitigation Measure AQ-7: The applicant shall identify permanent dust control measures in the landscape plan, which shall be implemented as soon as possible following completion of any soil disturbing activities.
Mitigation Measure AQ-8: Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established.
Mitigation Measure AQ-9: The applicant shall stabilize all disturbed soil areas not subject to revegetation using approved chemical soil binders, jute netting, or other methods approved in advance by the SLOAPCD.
Mitigation Measure AQ-10: The applicant shall limit vehicle speed for all construction vehicles to 15 mph on any unpaved surface on the construction site.
Mitigation Measure AQ-11: The applicant shall sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where possible.
Roads shall be pre-wetted prior to sweeping.
Mitigation Measure AQ-12: The applicant shall not burn vegetative material.
Mitigation Measure AQ-13: The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent the transport of dust off-site.
Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the City of Paso Robles Engineering Department and the SLOAPCD Compliance Division prior to the start of any grading, earthwork, or demolition.
Mitigation Measure AQ-14: All contractors or builders working on the site shall maintain all construction equipment in proper tune according to manufacturer’s specifications.
Mitigation Measure AQ-15: Any heavy-duty (50 horsepower or greater) diesel-fueled construction equipment used by all contractors or builders working on the site shall exceed, at a minimum, ARB's Tier 2 certified engines, or cleaner, off-road heavy-duty diesel engines and comply with State Off-Road Regulations.
Mitigation Measure AQ-16: All contractors or builders working on the site shall not idle any diesel equipment when not in use. The applicant shall post signs in the designated queuing areas and/or job sites to remind drivers and operators of the idling prohibition.
Mitigation Measure AQ-17: To the extent locally available, all contractors or builders working on the site shall use electrified or alternatively powered construction equipment.
Mitigation Measure AQ-18: The applicant shall use low volatile organic compound (VOC) content paints (e.g., 50 grams VOC per liter, or less).
Mitigation Measure AQ-19: To the extent locally available, the applicant shall use prefinished building materials or materials that do not require the onsite application of architectural coatings.
Mitigation Measure AQ-20: The applicant shall meet or exceed California Green Building Standards Code (CALGreen) Tier 2 standards for reducing cement use in concrete mix as allowed by local ordinance and conditions.
Mitigation Measure AQ-21: The applicant shall notify the Paso Robles Joint Unified School District and The Christian Life Center of the potential for increased emissions associated with the project at least 30 days before the start of grading.
Mitigation Measure AQ-22: Ongoing, the project shall not include any backup electrical generation that would exceed APCD air quality thresholds.
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
Discussion: According to the SLOAPCD, land uses commonly considered to be potential sources of noxious odorous emissions include coffee roasting, food processing and winemaking. The impact will be less than significant with the following mitigation measure incorporated.
Mitigation Measure AQ-23: Ongoing, if any land use with the potential to create noxious odors is proposed on the site, the applicant shall obtain approval from the SLOAPCD for proximity to sensitive receptors.
IV. BIOLOGICAL RESOURCES: Would the project:
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
c. Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e. Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
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□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Discussion (a-f): Discussion: The site is a fully disturbed urban lot. The property was previously developed as a gas station and has no vegetation except non-native street trees within the existing sidewalk. The site is currently used as a makeshift parking lot. There are no biological, riparian, or wetland resources on the site.
V. CULTURAL RESOURCES: Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource as
defined in §15064.5?
Discussion (a): The site was previously developed as a Chevron gas station constructed in 1963. The station was demolished in 2003. There are no known historical resources on the fully disturbed site. b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
Discussion (b): The site was previously developed including underground storage tanks. No archeological resources have been identified on the site. The potential for a substantial adverse change in the significance of an archaeological resource would be less than significant with incorporation of the following mitigation measure:
Mitigation Measure CUL-1: Should any cultural resources or human remains be identified on the site during construction, the applicant shall stop all work and retain a qualified professional to evaluate the resource and determine appropriate action.
c. Disturb any human remains, including those
interred outside of formal cemeteries?
Discussion (c): No archeological resources have been identified on the site. Mitigation measure CUL-1 would require work to stop should any cultural resources or human remains be identified on the site during construction.
VI. ENERGY: Would the project:
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
Discussion: The project would be subject to green building standards contained in the California Building Code requiring energy efficiency for new development. No wasteful consumption of energy is proposed. b. Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
Discussion: The proposed project will not conflict with any adopted plan for renewable energy or energy efficiency.
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□ □ □
□ □ □
□ □ □
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VII. GEOLOGY AND SOILS: Would the project:
a. Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the
area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
Discussion: The potential for and mitigation of impacts that may result from fault rupture in the project area are identified and addressed in the EIR for the 2003 update of the General Plan1 . There are two known nearby
fault zones, one on each side of the Salinas River Valley. The Rinconada Fault system runs on the west side of the valley, and grazes the City on its western boundary, but has been inactive for approximately 11,000 years.
The San Andreas Fault is on the east side of the valley and is situated about 23 miles northeast of Paso Robles.
The City of Paso Robles recognizes these geologic influences in the application of the Uniform Building Code to all new development within the City including the proposed project. There are no Alquist-Priolo Earthquake Fault Zones within City limits.
ii. Strong seismic ground shaking?
Discussion: The 2003 General Plan EIR2 identified impacts resulting from ground shaking as less than significant and provided mitigation measures that will be incorporated into the design of all construction projects including adequate structural design over active or potentially active faults. Therefore, there are no significant impacts expected from seismic ground shaking. iii. Seismic-related ground failure,
including liquefaction?
Discussion: The General Plan Safety Element1 includes Figure S-3, a map of citywide Liquefaction Risk, which classifies the site as moderate risk. A soils report is required for the project, which will address specific onsite liquefaction risks resulting in a less than significant impact. iv. Landslides?
Discussion: The General Plan Safety Element1 includes Figure S-4, a map of citywide Landslide Risk. The site has low potential for landslides. Landslides are generally associated with steep slopes and specific geologic formations not found in proximity to the Salinas River. The site is flat. No impact is anticipated. b. Result in substantial soil erosion or the loss
of topsoil?
Discussion: The site is flat with loamy soil. The Paso Robles Area Soil Survey Map prepared by the Natural Resources Conservation Service (NRCS) indicates the site’s soil is Lockwood shaly loam, which is highly erodible13. The project is required to prepare and follow an erosion control plan and stormwater control plan, which will prevent significant erosion from the site.
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□ □ □
□ □ □
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
Discussion: According to Geologic Data available on San Luis Obispo County’s website, the project is located on Pleistocene alluvial deposits. A soils report is required for the project, which will address specific geologic risks on the property and result in a less than significant impact. d. Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property?
Discussion: The Paso Robles Area San Luis Obispo County Soil Survey13 indicates the Lockwood shaly loam has moderate shrink swell potential. A soils report is required for the project, which will address specific onsite expansive soil risks resulting in a less than significant impact. e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
Discussion: The project is required to connect to the City sewer. A 6-inch sewer main is located in the alley behind the project, and is available for use by the project. f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
Discussion: No known paleontological resources or unique geological features are known to exist on the site.
No impacts are expected.
VIII. GREENHOUSE GAS EMISSIONS: Would the project:
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
Discussion: An Air Quality and Greenhouse Gas Impact Assessment was completed for the project in August 2023 by Ambient Air Quality and Noise Consulting (Attachment 3).
On August 9, 2023, the SLOAPCD published updated guidance for Greenhouse Gas (GHG) Thresholds11 that accounts for lower significance thresholds mandated in California since 2012, when SLOAPCD published their SLO County CEQA Air Quality Handbook. According to the updated SLOAPCD guidance, the project is below applicable GHG thresholds resulting in a less than significant impact.
For projects that become operational in 2024, the greenhouse gas bright-line efficiency threshold for residential, commercial, and mixed-use development is 930 MT/year of GHG. The project assessment □ □ □
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□ □ □
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□ □ □
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
indicates the project will generate 195 MT/year of GHG in the year 2024. In 2030, the required GHG efficiency for the project is 650 MT/year, when the project is expected to generate 186 MT/year.
Operational
Year
Estimated Project
Generated GHG
APCD GHG Significance
Threshold
Impact
2024 195 MT CO2e /year 930 MT CO2e /year Less than Significant 2030 186 MT CO2e /year 650 MT CO2e /year Less than Significant The state of California has set a goal of carbon neutrality by 2045. SLOAPCD recommends the following mitigation measures to ensure the project can be readily retrofitted to comply with the 2045 standard:
Mitigation Measure GHG-1: Construct the project with adequate electrical panel capacity to support an allelectric retrofit of the development.
Mitigation Measure GHG-2: Construct the project with appropriate conduit necessary to support the retrofit of the development to meet battery charging needs when transportation is all-electric. b. Conflict with any applicable plan, policy, or
regulation of an agency adopted for the
purpose of reducing the emissions of
greenhouse gasses?
Discussion: The project is consistent with the goals and policies of the San Luis Obispo APCD Clean Air Plan12 and the City of Paso Robles Climate Action Plan including:
San Luis Obispo APCD Clean Air Plan Land Use Planning Strategies L-1 Planning Compact Communities. The project is located within city limits on an infill site near the downtown in a mixed-use district adjacent to transit.
L-2: Providing for Mixed Land Use. The project includes commercial tenant space, hotel units, and residential units in a vertically mixed-use structure. The project will put both commercial and residential uses in close proximity to both the proposed and existing uses in the vicinity.
L-3 Balancing Jobs and Housing. The project will both create jobs and provide housing including one deed restricted affordable unit.
L-4 Circulation Management. The project is located in the historic downtown where there is a safe and interconnected street system. Spring Street includes sidewalks and adequate width for bicycle traffic. Vine Street, two blocks away includes striped bike lanes.
Paso Robles Climate Action Plan
TL-1.3 Bicycle Parking. The project will include 10 bicycle parking spaces.
TL-2 Pedestrian Network. The project will “provide a pedestrian access network that internally links all users and connects all existing or planned external streets and pedestrian facilities contiguous “minimize barriers to pedestrian access and interconnectivity” because it will make any needed improvements to the adjacent sidewalks and will provide multiple pedestrian paths from the interior of the project to the public sidewalks.
Frontage improvements will also include a bulb at the corner of Spring and 18th Streets to improve pedestrian safety.
TL-3 Expand Transit Network. The project will “provide safe and convenient access to public transportation” because the Paso Robles bus system runs routes northbound and southbound on Spring Street.
Sidewalks and a pedestrian-activated lighted crosswalk at 17th Street connect the project to the nearest bus stops at the corner of 17th and Spring Streets (northbound) and 19th and Springs Streets (southbound). □ □ □
Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
TL-6 Parking Supply Management. The project utilizes the reduced parking requirement for the Uptown/Town Centre Specific Plan and has requested a reduction in required parking as a concession for providing an affordable housing unit.
TL-8 Infill Development. The project is an infill site with the historic downtown of the City in a mixed use district near transit stops.
S-1.6 Solid Waste Diversion. The project will be required to provide adequate storage for recycle and green waste bins in addition to garbage bins.
T-1 Tree Planting Program. The project will provide additional street trees on both Spring and 18th Streets.
No significant impact is anticipated.
IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
Discussion: The project would include residential and commercial uses including hotel rooms and winetasting, which are not expected to generate or require the need to transport significant quantities of hazardous materials.
b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
Discussion: The project would include residential and commercial uses including hotel rooms and winetasting, which are not expected to generate or utilize significant quantities of hazardous materials. A release of hazardous materials is not reasonably foreseeable. c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
Discussion: The project would include residential and commercial uses including hotel rooms and winetasting, which are not expected to emit or require the handling of acutely hazardous materials, substances, or wastes.
d. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
Discussion: The property was formerly developed as a Chevron gas station with 4 underground storage tanks for fuel and waste oil. The site was enrolled in the Regional Water Quality Control Board (RWQCB) □ □ □
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Exhibit A
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Leaking Underground Fuel Storage Tank Program in 2003. While the case was open, the leaking tanks, 174 cubic yards of contaminated soil, and 6,300 gallons of groundwater were removed from the site. The RWQCB closed the case on February 26, 2020. The closure letter indicates the cleanup was adequate to protect the public health for use of the site as a public park. The closure letter states, “Residual soil and groundwater pollution may still exist onsite that could pose an unacceptable risk under certain site development activities such as site grading, excavation, or dewatering. The Central Coast Water Board, the local health agency, and the appropriate local planning and building departments must be notified prior to any changes in land use, grading activities, excavation, or dewatering. This notification must include a statement that residual soil and groundwater pollution underlie the property and nearby properties. The levels of residual pollution and any associated risks are expected to reduce with time.” The hazard would not pose a significant risk to the public with the following mitigation measure applied:
Mitigation Measure HAZ-1: Before issuance of a grading permit, the applicant shall prepare a soils management plan subject to approval of the City, the Central Coast Regional Water Quality Control Board, and the San Luis Obispo Environmental Health Services Division. Construction activity shall be subject to the requirements of the soils management plan.
e. For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
in a safety hazard or excessive noise for
people residing or working in the project
area?
Discussion: The project site is not within the Paso Robles Airport Land Use Plan area nor within 2 miles of a public or public use airport. No impact is anticipated. f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
Discussion: The City of Paso Robles maintains a Multi-Hazard Emergency Response Plan, most recently updated in 2019. The project is on private land adjacent to an arterial road. The project would not interfere with the plan or impede emergency evacuation.
g. Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
Discussion: The City does not contain any very-high fire severity zones, but is largely surrounded by high fire severity zones according to the State Fire Marshal’s 2023 Fire Hazard Severity Zone Map. The site is in an urbanized area and not adjacent to wildlands. The project would not expose people or structures to a significant risk associated with wildfires.
X. HYDROLOGY AND WATER QUALITY: Would the project:
a. Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground
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Exhibit A