Chapter 21.69 — STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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

A.

Bee Keeping in Single-Family Residential Zoning Districts.

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

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

Minimum Lot Area. The minimum lot area upon which bees may be kept is seven thousand square feet.

Quantity of Hives. The number of hives shall be limited to one for every seven thousand square feet of lot area and no more than six hives.

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

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

Orientation. Hive entrances shall face away from lot lines.

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

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

B.

Horses in Residential Districts. The maintenance of horses (including horses, mules, burros, and ponies) for private use in residential zoning districts shall be permitted subject to the following procedures, regulations and requirements, the general requirements of this chapter, and only after first obtaining approval by the zoning administrator.

Minimum Lot Area. The minimum lot area upon which a horse may be kept shall be one acre without the need for a conditional use permit. To keep a horse on a lot less than one acre (but no smaller than twenty thousand square feet) a conditional use permit must first be obtained.

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

Density Cap. No more than four horses may be kept on any given parcel unless a conditional use permit is first obtained.

Structures and Setbacks. Stables, corrals, and similar buildings for the keeping of such animals are allowed, provided that none shall be located nearer than one hundred feet from the front property line or fifty feet from any existing

dwelling on an adjacent lot.

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

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

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

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

Conformity Required. No horse shall be kept within the city for any periods of time unless the requirements of this section are met. Noncompliance with these regulations shall be deemed a public nuisance and shall be handled within the authority and scope of this chapter and Chapter 1.02 (Penalties). Consistent with provisions for dealing with public nuisance abatement, the cost for the abatement of such nuisance shall be the responsibility of the property owner.

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

C.

Other Animals in Residential Districts. The maintenance of large animals other than horses (including cows, sheep, goats, llama, and ostrich, but specifically excluding swine, which are prohibited except where commercial animal keeping is allowed) may be allowed only after first obtaining a conditional use permit (Chapter 21.19). The keeping of such animals shall, at a minimum, be subject to the same standards as applicable to horse keeping, but additional standards and/or controls may be applied through the conditional use permit process in order to maintain neighborhood compatibility. Such additional standards may include, but may not be limited to, increased setbacks of structures from dwellings, improved structural integrity of fencing, and specialized schedules or techniques for site maintenance and/or development.

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

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

B.

Maintenance and Operational Standards. In addition to the general performance standards for all uses in Chapter

A.

Purpose. This section provides standards for bed and breakfast inns, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B.

Standards.

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

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

Signage. In residential zoning districts, wall-mounted signs shall not exceed two square feet; freestanding signs shall not exceed eight square feet in area and four feet in height.

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. This section provides standards for siting and operating electricity generation and storage facilities, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B.

Battery Energy Storage System Requirements.

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

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. This section provides standards for siting and operating emergency shelters—general, as defined in Chapter

A.

Purpose and Applicability. The purpose of this section is to ensure that low barrier navigation centers, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations), are allowed consistent with California Government Code Section 65660.

B.

Standards. Low barrier navigation centers shall meet the following specific requirements:

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

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

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

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

Process. Within thirty days of receipt of an application for a low barrier navigation center development, the director shall notify the applicant of application completeness pursuant to Section 65943. Within sixty days of receipt of a completed application for a low barrier navigation center development, the director shall act upon review of the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The purpose of this section is to provide reasonable standards for the commercial keeping, training, and maintaining of horses to avoid and minimize adverse impacts on adjacent properties and to preserve the city's quality and character, where equestrian facilities as defined in Chapter 21.91 (Land Use Definitions) is allowed by Table

B.

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

C.

Additional Notice. The public notice required for a hearing on a conditional use permit by Chapter 21.26 (Public Hearings and Notice) shall include additional mailed notice to all owners and occupants of property located within one thousand five hundred feet of the exterior boundaries of the site.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose and Applicability. The purpose of this section is to ensure that food trucks are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, and litter.

B.

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

C.

Permit Requirements Food Trucks.

Food Truck (single vehicle operating in one location seven days or less). Temporary food trucks lasting less than seven days in a single location are subject to the requirements of Subsection 21.69.120(D) (Operational Requirements for Food Trucks).

Food Truck (single vehicle operating in one location more than seven days but less than one year). Temporary food trucks lasting seven or more days (not to exceed one year) in a single location require approval of a temporary use permit (Chapter 21.20). No temporary use permit shall be issued for a food truck unless it conforms to the requirements of Subsections 21.69.120(D) (Operational Requirements for Food Trucks).

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

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

D.

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

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

Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the zoning administrator with the permit application, prior to operating at the location. The vendor shall maintain proof of the owner's approval in the vehicle. The person operating the food truck shall present this proof upon the demand of a peace officer or city employee authorized to enforce.

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose and Applicability. This section provides standards for manufactured homes where single-family dwellings are allowed as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations). Where two or more manufactured homes are located on one lot, refer to Section 21.69.140 (Mobile Home Parks).

B.

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

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

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

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

Architectural Requirements. Manufactured homes shall be subject to the General Architectural Requirements for Primary Structures in the Single-Family Residential Zoning Districts (Subsection 21.33.040(D)) and the following additional standards:

a.

Skirting. The space beneath a manufactured home and the ground shall not exceed thirty-six inches of height and shall be screened with a skirt or by a combination of skirts, decks, and/or grading with ventilation and access in accordance with state law.

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

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

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

B.

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

Building Site. The minimum building site shall be one acre and the minimum lot width shall be not less than two hundred feet.

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

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

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

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

Minimum Setbacks. Minimum setback requirements for the zoning district shall apply to the mobile home park's comprehensive development, rather than each individual mobile home. In addition, the following standards are required:

a.

No mobile home space shall be located closer than twenty-five [feet] from the property line when the line is a public street.

b.

No mobile home space shall be closer than five feet from any other portion of the property line of the mobile home park.

c.

No mobile home space shall be placed closer than five feet from its side lot line or space boundary line.

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose and Applicability. This section provides standards for self storage facilities as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).

B.

Standards.

Minimum Lot Size. The minimum lot size shall be five thousand square feet.

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

Prohibited Locations. Establishing new self-storage facilities shall be prohibited at the following locations:

a.

Abutting Spring Street or Creston Road.

b.

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

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

Landscaping and Screening. The building site shall be landscaped in a manner approved by the review authority. Landscaping standards will be required as follows:

a.

A minimum of twenty-five feet of landscaped setback shall be required for projects that abut a collector, arterial, highway, highway frontage road, or residentially zoned property.

b.

A minimum of fifteen feet of landscaped setback shall be required for all other streets less significant than a collector.

c.

Up to fifty percent of the landscaped setback can be used for off-street parking, but a ten-foot landscaped setback shall be required between the property line and the parking area. The purpose and intent are to ensure adequate screening is provided and the review authority shall have the option of requiring parking to be located in other areas to address the need to provide adequate screening.

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

Required Findings. The review authority shall make the following findings in approving a personal storage facility:

a.

The project is designed to be aesthetically pleasing, through the use of good quality materials and architecture, and/or fully screened.

b.

The project will not be detrimental to economic vitality goals in place on a citywide basis.

c.

The project will not diminish community character, critical gateways, or the downtown.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Distancing. No new restricted personal services establishment shall be allowed within five hundred feet of an existing restricted personal services establishment unless otherwise specified in a conditional use permit.

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

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

B.

Location. No restricted personal service establishment shall be established within three hundred feet of the following uses within or outside the city limits unless otherwise specified in a conditional use permit:

Residentially zoned properties;

Public or private educational facilities;

Religious institutions;

Public parks and public facilities;

Youth-oriented facilities;

Bars or taverns.

C.

Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless otherwise specified in a conditional use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

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

B.

Outdoor Display of Merchandise.

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

Standards. All outdoor display of merchandise for sale shall conform to the following regulations:

a.

No displayed merchandise shall be located within the public right-of-way. No displayed merchandise shall be located within parking aisles, required parking spaces, landscaped areas or within required fire or handicapped access ways, unless otherwise permitted with a conditional use permit for permanent displays. For displays lasting more than seven days but less than sixty days, a temporary use permit is required.

b.

The products shall be limited to the primary merchandise sold by the principal business that occupies the site. No merchandise shall be displayed for sale on an undeveloped or vacant site, unless otherwise allowed with a temporary use permit.

c.

In multi-tenant centers, the displayed merchandise should be limited to the area directly in front of the store displaying the merchandise.

d.

No merchandise shall be displayed that is unsightly or creates any other condition that is detrimental to the appearance of the premises or surrounding property or in any other manner is detrimental to the public health, safety,

welfare or causes a public nuisance.

C.

Outdoor Storage Areas.

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

All outdoor storage areas shall conform to the following regulations:

a.

All outdoor storage areas within commercial and industrial zoning districts shall be thoroughly screened from public view and adjacent properties by a combination of walls or fences and landscaping. Landscaping requirements shall be as follows:

i.

A minimum of twenty-five feet of landscaped setback shall be required for projects abutting a collector, arterial, highway, highway frontage road, or residentially zoned property.

ii.

A minimum of fifteen-foot landscaped setback shall be required for all other streets less significant than a collector.

iii.

Up to fifty percent of the landscaped setback can be used for off-street parking, but a ten-foot landscaped setback shall be required between the property line and the parking area. The purpose and intent are to ensure adequate screening is provided and the review authority shall have the option of requiring parking to be located in other areas to address the need to provide adequate screening.

iv.

Outdoor storage shall be prohibited at the city gateways identified in the Paso Robles Gateway Plan: Design Standards, unless project is fully screened by architecturally designed walls and treatments.

b.

The stored materials shall be limited to those normally associated with the principal use on the site.

c.

All walls or fences shall be at least six feet but no greater than eight feet in height.

d.

Landscape planters shall be a minimum of five feet wide (interior dimensions) unless an existing planter is less. In no cases shall the planter be less than three feet wide. The landscaping should be placed adjacent to the wall or fence to

create interest and deter graffiti and vandalism.

e.

In cases where unusual topographical conditions, land use conflicts, or zoning district boundaries exist, the outdoor storage areas may require additional screening structures and/or materials as determined by the review authority.

f.

Storage materials or equipment that exceed the height of the wall or fence shall be stored on the rear fifty percent of the site unless otherwise approved by the review authority.

g.

All arterial streets shall have a combination of decorative masonry wall and landscaping along outdoor storage areas adjacent to the right-of-way unless otherwise approved by the review authority.

h.

All screening materials shall be installed and finalized prior to the commencement of storage onsite.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose and Applicability. This section provides standards for the location and development for recreational vehicle parks where allowed by Table 21.32-1 (Zoning District Use Regulations).

B.

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

C.

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

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

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

Setbacks. No part of a recreational vehicle shall be located closer than twenty-five feet to any public right-of-way, and no closer than fifteen feet to any interior property line. No recreational vehicle shall be located closer than ten feet to any other recreational vehicle.

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

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose and Applicability. This section provides standards for religious assembly facilities, as defined in Chapter

A.

Purpose and Applicability. This section provides standards for the location, development, and operation of general residential care facilities and assisted living residential care facilities, where allowed by Table 21.32-1 (Zoning District Use Regulations).

B.

Development Standards.

Density. Density limits for dwelling units shall not apply to the allowable intensity of land use for such facilities as convalescent homes, skilled nursing facilities, residential care facilities for the elderly, and similar facilities as defined by state law. The number of rooms and/or occupants for such a facility shall be determined on a case-by-case basis in conjunction with an application for a conditional use permit (Chapter 21.19) and shall not exceed the densities in Table 21.69.200-1 (Densities for Residential Care Facilities General and Assisted Living).

Table 21.69.200-1: Densities for Residential Care Facilities (General and Assisted Living)

 Zoning District            Beds/Acre

     R-1                  10

     R-2                  21

R-3 31

    R-3-O                 31

     R-4                  42

     R-5                  52

   OP                   21

Mixed-use overlay 78

 T3-N and T3-F              21

 T4-N and T4-F              78

T4-NC, TC-1, and TC-2 78

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

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Distancing. No new restricted retail establishment shall be allowed within five hundred feet of an existing restricted retail establishment unless otherwise specified in a conditional use permit.

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

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

B.

Location. No restricted retail establishment shall be established within three hundred feet of the following uses within or outside the city limits unless otherwise specified in a conditional use permit:

Residentially zoned properties;

Public or private educational facilities;

Religious institutions;

Public parks and public facilities;

Youth-oriented facilities;

Bars or taverns.

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

C.

Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless otherwise specified in a conditional use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Findings and Policy.

It is the declared policy of this city to enhance and encourage agricultural operations within the city. It is the further intent of this city to provide to the residents of this city, living within three hundred feet of property in the agricultural zoning district, notification of the city's recognition and support through the ordinance codified in this title of those persons' and/or entities' right to farm.

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

applicable provision of state law relative to nuisances. Instead, it is to be utilized only in the interpretation and enforcement of the provisions of this code and city regulations.

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

B.

Preexisting Agricultural Uses Not a Nuisance.

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

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

C.

Disclosure.

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

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

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

The disclosure statement set forth above shall be used as described in Subsections 21.69.220(D) (Property Tax Bill Disclosure), 21.69.220(E) (Disclosure Upon Transfer of Residential Property), and 21.69.220(F) (Discretionary Land Use Permit Disclosure) of this section.

D.

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

E.

Disclosure Upon Transfer of Residential Property. Upon any transfer of real property located in the incorporated area of the city within three hundred feet of the agricultural zoning district by sale, exchange, installment land sale contract (as defined in Civil Code section 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units, the transferor shall deliver to the prospective transferee the written disclosure statement required by the ordinance codified in this title. The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10. Exceptions to the applicability of this section are set forth in Civil Code section 1102.1. The written disclosure shall be set forth in, and shall be made on a copy of, the disclosure form attached on file with the city's community development department.

F.

Discretionary Land Use Permit Disclosure. The city shall include the disclosure statement described in Subsection 21.69.220(C) (Disclosure) of this section to all discretionary land use permit applications (e.g. Conditional Use Permits, Planned Developments, Tract Maps, etc.) administered by the community development department.

G.

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

H.

Resolution of Disputes. Should any controversy arise regarding any inconvenience or discomfort occasioned by agricultural operations conducted in accordance with existing laws, ordinances and regulations, then the parties may notify the zoning administrator as set forth below in an attempt to resolve the matter:

The aggrieved party may notify the zoning administrator or his designee within thirty days of the occurrence of the agricultural operation giving rise to the controversy.

Within fifteen days after receiving the complaint, the zoning administrator or his designee shall set a meeting with affected parties and shall attempt to mediate the dispute.

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

of the affected parties.

I.

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

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

B.

Definitions.

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

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

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

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

C.

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

D.

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

The exterior walls of the tattoo parlor are to be located at least one thousand feet from the exterior walls of any other tattoo parlor.

The exterior walls of the tattoo parlor are to be located at least five hundred feet from the outer boundary of any city- owned park facilities.

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

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

Tattoo parlors shall not operate between the hours of 11:00 a.m. and 7:00 p.m.

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

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

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose and Applicability. This section establishes standards for the location, development, and operations for vehicle fuel sales and accessory services, as defined in Chapter 21.91 (Land Use Definitions) and where allowed in compliance with Table 21.32-1 (Zoning District Use Regulations).

B.

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

C.

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)