Title 21 — ZONING[[1]]

Footnotes:

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Editor's note— Ord. No. 1144 N.S., § 3(Exh. A), adopted Oct. 1, 2024, repealed Tit. 21 and enacted a new title as set out herein. The former Tit. 21, consisting of Chs. 21.04—21.78, pertained to similar subject matter and derived from Ord. No. 405 N.S., adopted in 1977; Ord. No. 416 N.S., adopted in 1978; Ord. Nos. 428 N.S., 429 N.S., 437 N.S., and 441 N.S., adopted in 1979; Ord. Nos. 452 N.S. and 453 N.S., adopted in 1980; Ord. Nos. 448 N.S., 457 N.S., 458 N.S., and 460 N.S., adopted in 1981; Ord. Nos. 467 N.S. and 469 N.S., adopted in 1982; Ord. No. 474 N.S., adopted in 1983; Ord. No. 486 N.S. adopted in 1984; Ord. No. 509 N.S., adopted in 1985; Ord. Nos. 512 N.S. and 516 N.S., adopted in 1986; Ord. Nos. 536 N.S., 537 N.S., and 541 N.S., adopted in 1987; Ord. Nos. 543 N.S., 544 N.S., and 551 N.S., adopted in 1988; Ord. Nos. 570 N.S., and 572 N.S., adopted in 1989; Ord. Nos. 587 N.S., 591 N.S., 600 N.S., and 604 N.S., adopted in 1990; Ord. Nos. 609 N.S., 613 N.S., 614 N.S., 619 N.S., and 620 N.S., adopted in 1991; Ord. Nos. 621 N.S., 623 N.S., 631 N.S., 632 N.S., 633 N.S., 634 N.S., 635 N.S., 640 N.S., and 647 N.S., adopted in 1992; Ord. Nos. 650 N.S., 659 N.S., and 665 N.S., adopted in 1993; Ord. Nos. 669 N.S., 673 N.S., 675 N.S., 677 N.S., and 680 N.S., adopted in 1994; Ord. Nos. 684 N.S., 688 N.S., 690 N.S., 696 N.S., 697 N.S., 700 N.S., and 703 N.S., adopted in 1995; Ord. Nos. 709 N.S., 712 N.S., and 714 N.S., adopted in 1996; Ord. No. 729 N.S., adopted in 1997; Ord. Nos. 739 N.S., 743 N.S., 745 N.S., and 752 N.S., adopted in 1998; Ord. Nos. 757 N.S., 766 N.S., 767 N.S., and 770 N.S. adopted in 1999; Ord. Nos. 789 N.S., 790 N.S. 791 N.S., 793 N.S. 975 N.S., 797 N.S., 799 N.S. and 800 N.S., adopted in 2000; Ord. Nos. 807 N.S. and 810 N.S., adopted in 2001; Ord. Nos. 821 N.S., 825 N.S., 826 N.S., 833 N.S., 834 N.S., 838 N.S., 839 N.S., 840 N.S., 845 N.S., and 846 N.S., adopted in 2002; Ord. Nos. 850 N.S., 851 N.S., 855 N.S., 857 N.S., 859 N.S., 863 N.S., and 865 N.S., adopted in 2003; Ord. Nos. 879 N.S., 884 N.S., 885 N.S., 887 N.S., and 889 N.S., adopted in 2004; Ord. Nos. 900 N.S. and 906 N.S., adopted in 2005; Ord. No. 922 N.S., adopted in 2006; Ord. Nos. 926 N.S., 934 N.S., and 936 N.S., adopted in 2007; Ord. No. 948 N.S., adopted in 2008; Ord. Nos. 955 N.S. and 958 N.S., adopted April 7, 2009; Ord. No. 959 N.S., adopted July 7, 2009; Ord. No. 964 N.S. adopted Dec. 15, 2009; Ord. No. 972 N.S., adopted March 15, 2011; Ord. No. 974 N.S., adopted May 17, 2011; Ord. No. 976 N.S. adopted Dec. 16, 2011; Ord. No. 983 N.S., adopted Sept. 4, 2012; Ord. No. 988 N.S., adopted Feb. 5, 2013; Ord. No. 991 N.S. adopted July 2, 2013; Ord. No. 992 N.S. adopted June 18, 2013; Ord. No. 997 N.S., adopted Oct. 15, 2013; Ord. No. 1004 N.S., adopted July 15, 2014; Ord. No. 1007 N.S., adopted Oct. 21, 2014; Ord. Nos. 1012 N.S. and 1013 N.A., adopted Dec. 2, 2014; Ord. No. 1016 N.S., adopted in 2015; Ord. No. 1020 N.S., adopted Dec. 1, 2015; Ord. Nos. 1023 N.S. and 1024 N.S., adopted Jan. 19, 2016; Ord. No. 1035 N.S., adopted Nov. 15, 2016; Ord. No. 1040 N.S., adopted June 20, 2017; Ord. No. 1060 N.S., adopted Aug. 21, 2018; Ord. No. 1061 N.S., adopted Oct. 2, 2018; Ord. No. 1070 N.S., adopted April 2, 2019; Ord. No. 1082 N.S., adopted Aug. 6, 2019; Ord. No. 1087 N.S., adopted Dec. 3, 2019; Ord. No. 1088 N.S., adopted March 3, 2020; Ord. No. 1093 N.S., adopted April 7, 2020; Ord. No. 1098 N.S., adopted July 9, 2020; Ord. No. 1101 N.S., adopted Oct. 20, 2020; Ord. No. 1106 N.S., adopted Dec. 15, 2020; Ord. No. 1112 N.S., adopted Oct. 19, 2021; Ord. No. 1115 N.S., adopted Jan. 18, 2022; Ord. No. 1116, adopted Dec. 7, 2021; Ord. No. 1120 N.S., adopted June 21, 2022; Ord. No. 1126 N.S., adopted Oct. 18, 2022; and Ord. No. 1130 N.S., adopted Dec. 6, 2022.

d April 7, 2020; Ord. No. 1098 N.S., adopted July 9, 2020; Ord. No. 1101 N.S., adopted Oct. 20, 2020; Ord. No. 1106 N.S., adopted Dec. 15, 2020; Ord. No. 1112 N.S., adopted Oct. 19, 2021; Ord. No. 1115 N.S., adopted Jan. 18, 2022; Ord. No. 1116, adopted Dec. 7, 2021; Ord. No. 1120 N.S., adopted June 21, 2022; Ord. No. 1126 N.S., adopted Oct. 18, 2022; and Ord. No. 1130 N.S., adopted Dec. 6, 2022.

State Law reference— For statutory provisions regarding zoning, see Gov. Code 65800 et seq.

ARTICLE 1. - ENACTMENT, APPLICABILITY, AND ENFORCEMENT Chapter 21.01 - PURPOSE AND APPLICABILITY OF THE ZONING CODE

The provisions of this Title 21 of the city of El Paso de Robles Municipal Code shall be known and cited as the "city of El Paso de Robles Zoning Code" or "city of Paso Robles Zoning Code" or "zoning code", and shall also be known and cited as the "city of Paso Robles Zoning Ordinance" or "zoning ordinance."

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

The purpose of this title is to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, comfort, and general welfare.

The zoning code is enacted based on the authority vested in the city of El Paso de Robles and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), and the California Health and Safety Code.

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

The provisions of this zoning code, as it existed prior to the effective date of Ordinance No. 1144, are repealed and superseded as provided in the ordinance enacting this Title 21. No provision of this zoning code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the zoning code as it existed prior to repeal by the ordinance enacting this zoning code except as addressed by nonconformities created by this zoning code.

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

A.

The zoning code and map effectuated by this title, as amended from time to time by act of the city council or initiative of the voters, implements the general plan and consists of the establishment of various zoning districts, including all the territory within which the use of land and buildings and the height and bulk of buildings are regulated. No building or structure shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose other than as allowed by and in compliance with this title and all other ordinances, laws, and maps referred to in this title.

B.

When a project application pursuant to the provisions of the zoning code is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of the zoning code, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.), the Paso Robles CEQA Guidelines, and any environmental guidelines and other applicable rules adopted by the city.

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

A.

If a conflict occurs between the requirements of this zoning code and standards adopted as part of any applicable specific plan, the requirements of the specific plan shall apply.

B.

To maintain and improve the consistency between plans, the adoption or amendment of a specific plan shall be accompanied by corresponding amendments to the general plan and other plans which affect the same geographic area.

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

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, building, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. it shall be the duty of the building official to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

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

Certain activities of the city of Paso Robles may be exempt from the requirements of this zoning code by the city council.

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

Any building or structure set up, erected, constructed, altered, enlarged, converted, or moved contrary to the provisions of this title and any use of any land, building, or premises established, conducted, and/or operated contrary to the provisions of this title is declared to be unlawful and a public nuisance; and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, or using any such building contrary to the provisions of this title.

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

The provisions of Chapter 1.02 (Penalties) of Title 1 (General Provisions) shall apply.

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

If any section, subsection, sentence, clause, or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The city council declares that it has adopted this title and each section, subsection, sentence, clause, and phrase hereof,

irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.

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

Chapter 21.02 - INTERPRETATION OF THE ZONING CODE

The purpose of this section is to specify the authority and procedures for clarifying any ambiguity in the regulations of this zoning code and to ensure consistent interpretation and application of this zoning code.

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

A.

Authority. The community development director ("director") has the authority to interpret provisions of this zoning code according to Section 21.08.060 (Community Development Director). Whenever the director determines that the meaning or applicability of a zoning code requirement is subject to interpretation, the director shall issue a written interpretation consistent with the provisions of Section 21.02.030 (Procedures for Interpretation). The director may also refer any issue of interpretation to the planning commission for a determination.

B.

Terminology. When used in this chapter, the following rules apply to all provision of this zoning code:

1.

Language. When used in this zoning code, the words "shall," "must," "will," "is to," and "are to" are mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

2.

Tense. The present tense includes the past and future tense, and the future tense includes the present.

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4.

Calculations. Residential density and other calculations shall be consistent with the provisions of Section 21.41.020 (Fractions).

5.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to."

Local Reference. "City" as used in this zoning code means the city of Paso Robles, and all public officials, bodies, and agencies referenced are those of the city unless otherwise stated.

7.

Definitions. As defined in Article 9 (Terms and Definitions) and/or as determined/interpreted by the director.

8.

State Law Requirements. References to applicable provisions of state law (such as the California Government Code, Subdivision Map Act, Public Resources Code) shall be construed to refer to the applicable state law provisions, as they may be amended from time to time.

9.

Number of Days. Whenever the number of days is specified in this zoning code, or in any permit, condition of approval, or notice issued or given as provided in this zoning code, the number of days shall be construed as calendar days, unless otherwise specified. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

C.

Minimum Requirements. When interpreting and applying the regulations of this zoning code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

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

A.

Authority of Director to Interpret; Referral to Planning Commission. Whenever the director or designee determines that the meaning or applicability of any of the requirements of this zoning code is subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation or refer the question to the planning commission for determination.

B.

Request for Interpretation. Any party may file a request for an interpretation or determination of this zoning code with the director and shall include with such request the specific provisions in question and any other information necessary to assist the director in the review.

C.

Record of Interpretation/Determinations. All interpretations and determinations by the director and planning commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.

D.

Appeals. Any interpretation of this zoning code by the director or planning commission may be appealed in compliance with Chapter 21.25 (Appeals and Calls for Review).

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

21.02.040 - Uses not classified.

A.

Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Article 3 (Zoning Districts, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided below.

B.

Director's Determination. Based on the authority granted in Section 21.02.030 (Procedures for Interpretation), the director may determine that a land use that is not listed in Article 3 (Zoning Districts, Allowable Uses, and Development Standards) may be allowed. In making this determination, the director shall first make all of the following findings:

1.

The characteristics of, and activities associated with, the use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zoning district;

2.

The use will meet the purpose/intent of the zoning district that is applied to the location of the use; and

3.

The use will be consistent with the goals, objectives, and policies of the general plan and/or any applicable specific plan, planned development permit, or special planned development permit.

C.

Applicable Standards and Permit Requirements. When the director determines that an unlisted land use is equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this title apply.

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

In case of a conflict between the zoning code text and any diagram, illustration, graphic, or image contained in the zoning code, the text shall take precedence.

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

Chapter 21.03 - ZONING DISTRICTS

21.03.010 - Establishment of zoning districts.

A.

General. The city is divided into zoning districts to allow for orderly, planned development and to implement the general plan. Table 21.03.010-1 (Zoning Districts Established) identifies all zoning districts. All zoning districts shall be listed and appropriately designated on the official zoning map. For purpose of the regulations set out in this title, the following zoning districts are created:

Table 21.03.010-1: Zones Established

• For established special planned developments and specific plans, see Chapter 21.04 and 21.05, respectively.

B.

Base Zoning District. Every parcel shall have a base zoning district that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use.

C.

Overlay Zoning District. An overlay zoning district supplements the base zoning district for the purpose of establishing special use or development regulations for a particular area in addition to the provisions of the underlying base zoning district. In the event of conflict between the base zoning regulations and the overlay zoning regulations, the provisions of the overlay zoning district shall apply.

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