Chapter 21.13 — DEVELOPMENT AGREEMENTS ESTABLISHED

This chapter lists the development agreements adopted by the city of Paso Robles.

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

21.13.020 - Olsen-South Chandler Ranch Specific Plan Development Agreement.

Ordinance 1089 Adoption date: March 3, 2020 Parties: City of Paso Robles and Olsen Ranch 212, LLC

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

21.13.030 - Olsen-South Chandler Ranch Specific Plan Planning Area 9 Development Agreement.

Ordinance 1090

Adoption date: March 3, 2020 Parties: City of Paso Robles and Fuentez Family, LLC

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

21.13.040 - Olsen-South Chandler Ranch Specific Plan—Our Town Development Agreement.

Ordinance 1091

Adoption date: March 3, 2020 Parties: City of Paso Robles and Our Town Properties Ownership Group

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

21.13.050 - Paso Robles Gateway Annexation Development Agreement.

Ordinance 1099

Adoption date: July 9, 2020 Parties: City of Paso Robles and Quorum Realty Fund IV, LLC

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

21.13.060 - Beechwood Specific Plan Development Agreement.

Ordinance 1102

Adoption date: October 20, 2020 Parties: City of Paso Robles and The Beechwood Owners Group

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

Chapter 21.14 - SPECIFIC PLANS

A.

Purpose. This chapter provides a method for preparing, processing, reviewing, and adopting specific plans in compliance with California Government Code Section 65450 et seq., or as that section may be amended or replaced from time to time. In addition, this chapter provides a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time. A specific plan is intended to provide for flexibility in the establishment of land use regulations by allowing for innovative use of land resources and development; a variety of building, development, and housing types; land use mixes; site design; development concepts; and effective and safe pedestrian and vehicular circulation.

B.

Applicability. Once adopted, a specific plan shall govern all use and development of properties within the bounds of that specific plan.

1.

Where a specific plan is silent regarding development standards, the provisions of this title shall govern. The director shall have the authority to determine which provisions of this title apply where a specific plan is silent.

2.

When a use is not specifically listed as permitted in the specific plan, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the specific plan as permitted or not found to be substantially like a permitted use are prohibited.

3.

No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a specific plan, unless found to be consistent with the adopted specific plan.

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

The following entity may submit or initiate an application for a specific plan or specific plan amendment:

A.

A majority of the city council; or

B.

The director; or

C.

An application filed by the owner(s) of one or more parcels, or the owner's authorized agent, that would be the subject of the specific plan. If the property for which a specific plan or specific plan amendment is proposed is held in multiple ownerships, all the owners or their authorized agents shall join in filing the application. If initiated by a property owner(s), a pre-application conference as specified in Subsection D., below is required.

D.

Pre-Application Conference Required. A pre-application conference with the director is required before the filing of a specific plan application. The city may establish fees for the pre-application conference.

1.

The purpose of the pre-application conference is to allow the property owner(s) or property owner's agent to obtain information before entering into commitments requiring that the applicant incur substantial expense in the preparation of plans, surveys, and other data.

2.

The preliminary consultations shall include, but are not limited to, the following:

a.

Proposed land uses to be developed within the project area;

b.

Development concepts to be employed;

c.

Schematic plans, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features; and

d.

A preliminary time schedule for development, including quantitative data (such as population, building units, land use acreage, and other data) sufficient to illustrate phasing of development and potential impact on public service requirements.

3.

Pre-application review shall not constitute any representation on the part of the city that a specific plan will be prepared or approved for the property or that any other application pending or otherwise will be approved.

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

Development within a specific plan area is subject to the review process set forth in Chapter 21.15 (Development Review) unless the text of the applicable specific plan provides otherwise. Development projects proposed within specific plans shall require approval of either:

A.

A master development plan (Section 21.16.030) with conceptual site plan, landscape concept and design guidelines. Subsequent to approval of a master development plan, development review pursuant to Chapter 21.15 (Development Review) shall also be required; or

B.

A development plan, site plan, or plot plan pursuant to Chapter 21.15 (Development Review) with final site plan, landscape plan, and final architectural elevations and materials.

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

21.14.040 - Hearings, recommendation, and action.

A.

Planning Commission Hearing and Recommendation.

1.

Planning Commission Hearing. Before submitting a recommendation report to the city council, the planning commission shall conduct at least one public hearing in accordance with Chapter 21.26 (Public Hearings and Notice).

2.

Recommendation to City Council. Following the public hearing, the planning commission shall make a recommendation on the proposed specific plan to the city council. Such recommendation shall include the reasons for the recommendation and findings related to Section 21.14.050 (Required Findings) and, if applicable, Section 21.10.080 (General Plan Consistency Required for Zoning Amendments).

a.

Approval. If the planning commission has recommended approval of the proposed specific plan, the city council is required to take final action pursuant to Subsection 21.14.040(B) (City Council Hearing and Action).

b.

Denial. If the planning commission has recommended against the proposed specific plan, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

B.

City Council Hearing and Action.

1.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the planning commission recommendation.

2.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed specific plan.

3.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65356. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65356 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

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

Prior to adopting a specific plan, the planning commission (on recommendation) and city council shall make all of the following findings:

A.

The specific plan or amendment thereto is consistent with the goals, objectives, and policies of the general plan;

B.

The specific plan or amendment thereto would not be detrimental to the public health, safety, or welfare of the community;

C.

The specific plan or amendment thereto includes provisions that ensure that adequate public facilities will be available to serve the range of development described in the plan;

D.

The subject property (or properties) proposed for the specific plan has unique characteristics such as topography, location, size or surroundings that are enhanced by special land use and development standards; and

E.

The specific plan results in the development of desirable character and use types that will be compatible with the surrounding area, provides effective buffering from adjacent uses, and includes policies for the protection of prominent ridgelines, oak trees, and other natural resources.

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

21.14.060 - Adoption of a specific plan.

A.

Specific plans may be adopted by either resolution and/or ordinance.

B.

Resolutions shall govern those components of specific plans that are:

1.

Policy statements describing the vision for development;

2.

Descriptions of the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities; and

3.

Programs of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out Paragraphs 21.14.060(B)1. and 21.14.060(B)2.

C.

Ordinances shall govern those components of specific plans that act as zoning regulations for the areas covered by specific plans, including:

1.

The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; this would include "regulating plans", land use/zoning maps; and

2.

The regulations for development of said lands.

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

A.

Expiration and Extension. Since specific plan applications are flexible, expiration will be determined on a case-bycase basis. Most specific plan approvals will not expire unless replaced by a subsequently adopted specific plan or rendered obsolete by adoption of a conflicting general plan designation. In some cases, however, limiting the duration of an approval may be appropriate when the specific plan is linked to another entitlement that expires. The resolution adopting a specific plan shall specify the duration of the specific plan and any means of extension, which may include an evaluation of an applicant's due diligence in satisfying specific plan provisions.

B.

Amendment.

1.

Procedure. An adopted specific plan may be amended through the same procedure specified by this chapter for the adoption of a specific plan.

2.

Frequency. The specific plan may be amended as often as deemed necessary by the city council, in compliance with California Government Code Section 65453.

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

See Chapter 21.05 (Specific Plans Established).

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

Chapter 21.15 - DEVELOPMENT REVIEW

21.15.010 - Purpose and applicability.

A.

Purpose. Development review is established to ensure that new development supports the goals and policies of the general plan and other adopted plans and guidelines. The specific purposes of the development review process are to:

1.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

2.

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

Supplement other city regulations and standards to ensure control of aspects of design that are not otherwise addressed.

B.

Applicability. Development review is required prior to construction and building permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.

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

21.15.020 - Types of development review established.

A.

Types of Development Review and Review Authority. Three levels of development review are hereby established:

1.

Development Plans. Review of major development projects shall be conducted by the planning commission as development plans.

2.

Site Plan. Review of minor development projects shall be conducted by the development review committee as site plans.

3.

Plot Plan. Review of minor details shall be conducted by the zoning administrator as plot plans.

B.

Thresholds. Unless otherwise specified in this section, thresholds identified in Table 21.15.030-1 (Review Authority for Development Review) shall be cumulative over a five-year period. The starting point for the five years shall be when the certificate of occupancy has been issued.

C.

CEQA Review. Notwithstanding Table 21.15.030-1 (Review Authority for Development Review), the zoning administrator may determine that certain site plans and plot plans are not exempt from CEQA; in any case where a site plan or plot plan requires preparation of an initial study or environmental impact report, the project and related CEQA action shall be reviewed by the planning commission.

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

Table 21.15.030-1 (Review Authority for Development Review) summarizes the review authority responsible for reviewing and making decisions on development plans, site plans, and plot Plans. See also Chapters 21.16 (Development Plans), Chapter 21.17 (Site Plans), and Chapter 21.18 (Plot Plans) for additional requirements and clarifications.

Table 21.15.030-1: Review Authority for Development Review

Development Type

Application Type/Review Authority[(1)(2)]

Notes:

1.

"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with Chapter 21.25 (Appeals and Calls for Review); "Recommend" means that the review authority should provide preliminary review and forward input to the next higher review authority for consideration.

2.

A review authority may defer action and refer the request to the next higher review authority for the final decision in compliance with Subsection 21.08.010(B) (Elevate Review).

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

---

21.15.040 - Application filing, processing, and review.

A.

Application. An application for a development review permit shall be filed with the zoning administrator in compliance with Chapter 21.09 (Application Processing and Common Procedures).

B.

Dedications and Public Improvements. In order for applications to be found to be complete, any applicable dedications and public improvements listed below must be either completed or an agreement to complete them, in a form to be approved by the city, shall be submitted with the application:

1.

All dedications for adjacent streets necessary to provide the minimum right-of-way width to meet city standards for the applicable classification of the subject streets;

2.

All street improvements necessary to provide the minimum standards established by city standards for the applicable classification of the subject streets, including, but not limited to, curbs, gutters, sidewalks, paving, street lights, and pedestrian and bicycle paths;

3.

All sewer, water, and storm drain system improvements necessary for compliance with the city's adopted master plans for these systems and any applicable specific plans;

4.

All fire prevention measures, including, but not limited to, on- and off-site fire hydrants and emergency vehicle access indicated by city-adopted codes, policies, and standards;

5.

All open space and recreation dedications and improvements necessary for compliance with general plan policies, any applicable specific plans, and other city-adopted plans.

C.

Time Limit On Approval.

1.

Approval of development plans, site plans, and plot plans shall be valid for a period of not more than two years following the date of approval. Development plans approved concurrently with a tentative tract or parcel map shall have the same expiration time period as the subdivision approval. If, at the end of a two-year period, one of the situations listed below has occurred, said approval shall become invalid.

a.

A building or grading permit has not been issued; or

b.

A building or grading permit has been issued but construction or grading has not commenced within one hundred eighty days of the issuance; or

c.

A building or grading permit has been issued and construction or grading has commenced but has subsequently lapsed for a period of one hundred eighty days; or

d.

A written request for a time extension request and the applicable fee have not been received; or

e.

A tentative tract or parcel map associated with the development plan, site plan, or plot plan has expired.

2.

Approval of master development plans shall be valid for a period of time of not more than five years following the date of approval. Subsequent development plans that become vested shall vest the master development plan. Subdivision maps approved concurrently with a master development plan shall be subject to the expiration timeline per the Subdivision Map Act.

3.

Time extensions, not exceeding two years per extension, may be granted by the review authority as follows:

a.

Process. A written request and applicable fee shall be submitted to the department no later than the date of expiration of approval.

b.

Planning Commission. For projects originally approved by the planning commission or city council, a time extension shall be considered by the planning commission.

c.

Development Review Committee. For projects originally approved by the development review committee, a time extension shall be considered by the development review committee.

d.

Zoning Administrator. For projects originally approved by the zoning administrator, a time extension shall be considered by the zoning administrator.

D.

Referrals Up to Next Level of Review.

1.

In their respective reviews of site plans and plot plans, the development review committee and zoning administrator may refer project applications up to the next (higher) level of review (for example, development plan and site plan, respectively) if it appears that such referral is necessary to accomplish the purposes of this title. Examples where such a referral may be indicated include, but are not limited to, the following:

a.

The project is located on a scenic corridor or gateway to the city as designated by the general plan or other visuallyprominent location;

b.

There are unique circumstances about the design of a particular development project or about the quality of design in its neighborhood.

If a project application is referred by the zoning administrator to the development review committee for site plan review, no additional fee shall be required. However, if a development project is referred by the development review committee to the planning commission for development plan review, the applicable fee for development plan review may be required as condition of approval.

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

21.15.050 - Public meetings and notice.

A.

Development Plan.

1.

Hearing. The planning commission shall conduct a public hearing on an application for a development plan before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

B.

Site Plan.

1.

Public Meeting. The development review committee shall conduct a meeting that is open to the public on an application for a site plan before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

On-Site Posted Notice.

a.

Projects That Require Notice. Notice of the project application shall be required for:

i.

Projects consisting of two—ten residential units; and

ii.

Projects requesting site plan modifications pursuant to Section 21.17.020 (Site Plan Modifications).

b.

Format. The on-site notice shall be posted on the subject site at least forty-eight hours prior to the meeting. A minimum of one notice, at least eleven inches by seventeen inches in size, shall be posted along each street frontage. The posting shall be placed in the ground or on a fence, wall, or building façade that is set back no more than ten feet from the street property line.

C.

Plot Plan. Public hearings and notice shall not be required. The zoning administrator shall issue a decision letter within thirty days of deeming the application complete.

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

The criteria for evaluation under the development review processes shall be in compliance with the adopted development standards and applicable design guidelines of the area in which the proposed project is located. All projects shall be consistent with applicable design guidelines. An application may be denied if the information provided by the applicant is insufficient to determine compliance with the guidelines.

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

A.

General. In approving a development review permit, the review authority may impose reasonable conditions deemed necessary to ensure compliance with adopted standards or applicable required findings and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B.

Timing. Unless otherwise indicated in a condition of approval, all conditions and requirements imposed through development review shall be completed prior to occupancy of new buildings or additions, installation of signs, or operation of a new land use.

1.

Exceptions. With the posting of security such as a performance bond or other method acceptable to the city, the following improvements may be completed after the above-mentioned events:

a.

Unless otherwise indicated in a condition of approval, the installation of required landscaping may be postponed for a period no longer than twelve months;

b.

If specifically provided for in a condition of approval of a development plan, required improvements, other than landscaping, may be postponed for periods to be determined by the planning commission.

2.

Failure to Comply. Failure to comply with the requirements of development review constitutes a violation of this zoning code, which may be punishable as prescribed in Section 21.01.090 (Enforcement).

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

21.15.080 - Post decision procedures.

A.

Delegation of Development Plan Details to the Development Review Committee. Following approval of a master development plan (Section 21.16.030) or development plan (Section 21.16.010) at a public hearing, the review authority may refer certain details of master development plan or development plan applications to the development review committee or zoning administrator for final approval. Examples of the appropriate level of details to be referred would include but would not be limited to single-family dwellings within planned development overlay zoning districts, landscaping materials, signage, building elevation details including colors, and masonry walls and fences. See Section 21.24.040 (Permit Amendments).

B.

Delegation of Site Plan Details to the Zoning Administrator. Following approval of a site plan (Chapter 21.17), the development review committee may refer certain details to the zoning administrator for final approval. Examples of the appropriate level of details to be referred would include, but would not be limited to, landscaping materials, signage, building elevation details including colors, and masonry walls and fences. See Section 21.24.040 (Permit Amendments).

C.

Extensions, Amendments, and Appeals. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a development review application.

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

Chapter 2.16 - DEVELOPMENT PLANS

21.16.010 - Development plan requirements.

A.

Planning Commission Hearing. A development plan is a discretionary planning commission review process that includes public notice with a public hearing and is consistent with Chapter 21.15 (Development Review).

B.

Projects Subject to Development Plan. The following types of development projects shall be subject to planning commission approval of a development plan:

1.

Single-Family Residential. All single-family residential units located within a planned development overlay zoning district, a special planned development overlay zoning district, and/or involving eleven or more units.

2.

Multi-Family Residential.

a.

Housing development projects with eleven or more dwelling units per lot. (NOTE: This is figured cumulatively, for example, the addition of an eleventh dwelling unit shall require approval of a development plan; threshold measurement shall be as defined in Subsection 21.15.020(B).)

b.

Residential projects with ten or fewer units that do not comply with Chapter 21.50 (Objective Design Standards for Mixed-Use and Multi-Family Development).

3.

Commercial, Industrial, and Institutional.

a.

Construction of buildings with ten thousand or more gross square feet.

b.

A major addition that expands the size of the building by ten percent or more or ten thousand gross square feet, whichever is greater, and not exceeding one such addition in any twelve-month period.

c.

Construction of buildings with less than ten thousand gross square feet if all necessary infrastructure has not been installed, all necessary dedications have not been made, or special conditions are necessary.

d.

Construction of a lodging use within a lodging overlay zoning district (Section 21.36.040).

4.

Pregrading. Pregrading of a site (without any accompanying development plans) where the surface area is greater than twenty thousand square feet. (NOTE: This is figured cumulatively, for example, the addition of one thousand square feet of graded area to a nineteen thousand square-foot graded area shall require approval of a development plan.)

5.

Planned Development and Special Planned Development Overlay Zoning Districts. All development in the planned development overlay zoning or special planned development overlay zoning district.

6.

Resort Lodging Zoning District. All new buildings, major additions, and exterior alterations to existing buildings and structures in the RL zoning district.

7.

Sign Programs. Comprehensive sign programs.

8.

Projects Subject to Environmental Review. Projects subject to CEQA for which either a negative declaration, mitigated negative declaration, or an environmental impact report is required.

C.

Required Findings. Before a development plan approval may be granted, the review authority shall make all of the findings set forth in this subsection, unless otherwise noted, and may impose conditions of approval as necessary to make these findings:

1.

The design and intensity (density) of the proposed project is consistent with the following:

a.

The goals and policies established by the general plan;

b.

The policies and development standards established by any applicable specific plan, special planned development, or master development plan;

c.

The zoning code, including the purpose and intent of the zoning districts in which a development project is located as well as applicable design and development standards; and

d.

All other adopted codes, policies, standards, and plans of the city, including design guidelines adopted by resolution by the planning commission.

2.

The proposed project will not be detrimental to the public health, safety, or welfare, or be injurious to property or other improvements in the vicinity.

3.

The proposed project accommodates the aesthetic quality of the city as a whole, especially where development will be visible from gateways to the city and scenic corridors and contributes to the orderly development of the city as a whole.

4.

The proposed project is compatible with, and is not detrimental to, surrounding land uses and improvements, provides appropriate visual appearance, and contributes to the mitigation of any environmental and social (such as privacy) impacts.

5.

The proposed development plan is compatible with existing scenic and environmental resources such as hillsides, stream courses, oak trees, vistas, historic buildings and structures.

6.

For special planned developments, the proposed development plan is in conformance with the findings listed in Section 21.11.060 (Required Findings).

7.

For a project that is defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), and any project evoking any provision of state law that references objective design standards for residential development, including but not limited to California Government Code Section

65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35), the proposed project complies with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards. Findings 1—6 above are not required.

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

A.

Purpose. The development plan modification is established for the purpose of allowing development approaches that are not permitted as a matter of right but which may be considered compatible and appropriate if such uses or features are designed or arranged on a site or in a structure in a particular manner and in accordance with conditions imposed by the review authority, allowing the review authority to make minor deviations from the development standards applicable to a property in order to promote an integrated design approach and quality.

B.

Allowed Modifications by City Council. The city council shall be authorized to make modifications to zoning standards to allow for projects to exceed maximum height limits with habitable space as part of the development plan approval process.

C.

Allowed Modifications by Planning Commission. The planning commission shall be authorized to make modifications to zoning standards as part of the development plan review process as outlined in Table 21.16.020-1 (Development Plan Modifications).

Table 21.16.020-1: Development Plan Modifications

D.

Required Findings. Before a development plan modification approval may be granted, the review authority shall make all of the findings set forth in this subsection and may impose conditions of approval as necessary to make these findings:

1.

All applicable findings of Subsection 21.16.010(C) (Required Findings) are made;

There are no alternatives to the requested modification, such as a modification allowed through a density bonus (Chapter 21.61), that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public.

3.

The modification will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.

4.

The modification results in a superior project (such as more usable open space, more creative design, better interface with neighboring properties and/or public realm, less grading or a less exposed public view of grading, protection of oak trees, provision of deed-restricted affordable housing, etc.).

5.

The characteristics of the project and the degree of potential for the project to negatively impact neighboring properties justify the modification.

6.

The modification does not preclude or prevent adequate fire protection.

7.

The modification does not impair the sight distance of vehicles on the street or on the driveway of adjacent lots.

8.

For parking reductions, the parking reduction is supported by a parking demand study that outlines the unique characteristics of the proposed use, trip reduction or alternative parking measures, and evidence that the reduction with not be detrimental to surrounding properties. Based on the parking study, the planning commission may impose conditions deemed necessary to ensure that the appropriate parking demand is maintained as set forth in the parking demand study.

9.

The modification complies with any additional findings or conditions for the individual modification.

E.

Filing of Application. An application for a development plan modification shall comply with Chapter 21.09 (Application Processing and Common Procedures) and shall contain a description of the modification and a justification for the request including specific facts to support the required findings and any additional information or materials necessary for processing and review of the application that may be requested by the review authority to facilitate review of the application.

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

21.16.030 - Master development plan.

A.

Definition. A master development plan is a conceptual development plan that contains the same or similar elements as a development plan in a more conceptual format. The master development plan shall govern all use and

development of properties within the bounds of that master development plan.

B.

Purpose. The specific purposes of the master development review process are to:

1.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

2.

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area;

3.

Allow approval of larger projects without finalizing all development details; and

4.

Supplement other city regulations and standards to ensure control of certain aspects of design that are not otherwise addressed.

C.

Applicability. In lieu of a development plan (Section 21.16.010), an applicant can request approval of a master development plan for the following types of development projects:

1.

When identified in a specific plan (Chapter 21.14) or special planned development (Chapter 21.11) applicable to the project location.

2.

When identified in legislative actions or entitlement conditions of approval applicable to the project location.

3.

For large-scale and phased development projects as determined by the zoning administrator. Generally, these are projects with a projected buildout of five or more years where project information and designs are conceptual.

D.

Process.

1.

A master development plan shall be processed in the same manner as a development plan (Section 21.016.010) and is eligible for development plan modifications (Section 21.16.020).

2.

Before issuance of building or grading permits, approval of a development plan (Section 21.16.010) with final details shall be required unless an alternative development review process is specified in the specific plan (Chapter 21.14),

special planned development (Chapter 21.11), or master development plan.

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

Chapter 21.17 - SITE PLANS

21.17.010 - Site plan review requirements.

A.

Development Review Committee Meeting. A site plan is a review process of minor development projects by the development review committee that includes a public meeting and is consistent with Chapter 21.15 (Development Review).

B.

Projects Subject to Site Plan. The following types of development projects shall be subject to development review committee approval of a site plan:

1.

Single-Family Residential.

a.

Dwellings within the planned development overlay zoning district.

b.

Dwellings within the special planned development overlay zoning district if referred from a higher review authority;

c.

Dwellings requesting a site plan modification allowed by Section 21.17.020 (Site Plan Modifications).

2.

Multi-Family Residential.

a.

Housing development projects with two to ten dwelling units per lot that are defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)).

b.

Room additions, accessory buildings, and exterior alterations to multi-family housing developments that are visible from public streets and other public vantage points.

3.

Commercial, Industrial, and Institutional.

a.

Construction of buildings with less than ten thousand gross square feet if all necessary infrastructure has been installed, all necessary dedications have been made, and no special conditions are necessary.

b.

A mid-size addition that expands the size of the building by up to ten percent or ten thousand gross square feet, whichever is greater, and not exceeding one such addition in any twelve-month period, provided that all necessary infrastructure has been installed, all necessary dedications have been made, and no special conditions are necessary. (See exception for small additions not visible from public streets and other public vantage points in plot plans [Section 21.18.010].)

c.

Accessory buildings up to ten thousand square feet provided that all necessary infrastructure has been installed, all necessary dedications have been made, and no special conditions are necessary.

d.

Exterior alterations to existing buildings that are visible from public streets and other public vantage points.

e.

Fences, walls, and screening for outside storage and display areas.

4.

Pregrading. Pregrading of a site (without any accompanying development plans) where the surface area is twenty thousand or less square feet.

5.

Signs. All signs, except signs implemented as part of an approved sign program and that are not visible from a public right-of-way, change of copy within existing sign structures, and directional signs.

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

A.

Purpose. The site plan modification is established for the purpose of allowing development approaches that are not permitted as a matter of right but which may be considered compatible and appropriate if such uses or features are designed or arranged on a site or in a structure in a particular manner and in accordance with conditions imposed by the review authority, allowing the review authority to make minor deviations from the development standards applicable to a property in order to promote an integrated design approach and quality.

B.

Allowed Modifications by the Development Review Committee. The development review committee shall be authorized to make modifications to zoning standards as part of site plan review process as outlined in Table 21.17.020-1 (Site Plan Modifications).

Table 21.17.020-1: Site Plan Modifications

Modification Zoning Code Section

C.

Required Findings. Before a site plan modification approval may be granted, the review authority shall make all of the findings set forth in this subsection, unless otherwise noted, and may impose conditions of approval as necessary to make these findings:

1.

There are no feasible alternatives to the requested modification, such as an incentive or concession allowed through a density bonus (Chapter 21.61), that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public.

2.

The modification will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.

3.

The modification results in a superior project (such as more usable open space, more creative design, better interface with neighboring properties and/or public realm, less grading or a less exposed public view of grading, protection of oak trees, provision of deed-restricted affordable housing, etc.)

4.

The characteristics of the project and the degree of potential for the project to negatively impact neighboring properties justify the modification.

5.

The modification does not preclude or prevent adequate fire protection.

6.

The modification does not impair the sight distance of vehicles on the street or on the driveway of adjacent lots.

7.

The modification complies with any additional findings or conditions for the individual modification.

D.

Filing of Application. An application for a site plan modification shall comply with Chapter 21.09 (Application Processing and Common Procedures) and shall contain a description of the modification and a justification for the request including specific facts to support the required findings and any additional information or materials necessary for processing and review of the application that may be requested by the review authority to facilitate review of the application.

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

Chapter 21.18 - PLOT PLANS

21.18.010 - Plot plan review requirement.

A.

Zoning Administrator Review of Plot Plans. A plot plan is a ministerial review for compliance of a development project with the applicable standards in the zoning code, relevant specific plan or other planning document, and/or a

previously approved entitlement and is consistent with Chapter 21.15 (Development Review).

B.

Projects Subject to Plot Plan. The following types of development projects shall be subject to zoning administrator approval of a plot plan:

1.

Single-Family Residential.

a.

Individual single-family residences.

b.

Referrals from the higher review authority for dwellings within the planned development overlay zoning district and/or the special planned development overlay zoning district.

2.

Multi-Family Residential Additions. Room additions, accessory buildings, and exterior alterations that are not visible from public streets and other public vantage points and that do not increase the number of dwelling units on site.

3.

Commercial, Industrial, and Institutional.

a.

Minor additions less than one thousand square feet, accessory buildings, and exterior alterations that are not visible from the public right-of-way and other public vantage points.

b.

Change of copy within existing sign structures, directional signs, and signs implemented as part of an approved sign program that are not visible from a public right-of-way.

c.

Outdoor seating areas for restaurants outside the Uptown/Town Center Specific Plan area.

d.

Landscaping.

e.

Parking lots.

f.

Installation of accessory uses/structures such as automatic teller machines, replacement gasoline pumps, trash bin enclosures, electrical transformer boxes, electric charging stations, and freestanding solar collectors (photovoltaic systems).

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

Plot plan review processes are a ministerial review where the development project must be consistent with all applicable zoning standards, without modifications. Any requests for modifications to development standards for a project subject to plot plan review will elevate the development review to site plan, development plan, or special planned development review, depending on the modification requested.

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

Chapter 21.19 - CONDITIONAL USE PERMITS AND ADMINISTRATIVE USE PERMITS

A.

Purpose. The conditional and administrative use permit review and approval process is intended to apply to uses that are usually consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. Conditional use and administrative use permits, which may be revocable and conditional, are intended to provide sufficient flexibility in the use regulations to further the objectives of this zoning code and to provide the city with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.

B.

Applicability. Approval of a conditional use permit or administrative use permit is required for uses or developments specifically identified in Table 21.33.030-1, and/or any other section of this title that requires a conditional use permit or administrative use permit.

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

• 21.19.020 - Review authority.

A.

Conditional Use Permits. The planning commission shall act as the review authority for conditional use permits based on consideration of the requirements of this chapter.

B.

Administrative Use Permits. The zoning administrator shall act as the review authority for administrative use permits. The zoning administrator may, at his/her discretion, refer any application for an administrative use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for decision. In that case, the application shall be processed as a conditional use permit.

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

An application for a conditional use permit or administrative use permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section

21.19.050 (Required Findings) below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

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

21.19.040 - Notice and hearing.

A.

Conditional Use Permits.

1.

The planning commission shall conduct a public hearing on an application for a conditional use permit before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

B.

Administrative Use Permits. Before a decision on an administrative use permit is made, the city shall provide mailed notice as follows:

1.

Notice Required.

a.

Public notice shall be mailed to every property owner and occupant within three hundred feet of the proposed project site. Such notice shall be mailed no less than ten business days prior to the scheduled zoning administrator's decision date and shall include information about the proposed project, the zoning administrator's pending decision, and information about when and how an appeal may be filed as set forth in Chapter 21.25 (Appeals and Calls for Review).

b.

The mailed notice shall state that the zoning administrator will decide whether to approve, approve subject to conditions, or deny the administrative use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

c.

Any written request for a hearing shall be based on issues of significance directly related to the application (such as provision of evidence that the request cannot meet one or more of the findings specified in Section 21.19.050 (Required Findings) below).

d.

If the zoning administrator determines that the evidence has merit and can be properly addressed by a condition(s) added to the administrative use permit approval, the zoning administrator may consider the permit without a hearing in compliance with Subparagraph 21.19.040(B)2.b., below.

Hearing.

a.

If a public hearing is requested and the provisions of Subparagraph 21.19.040(B)1.c., above, do not apply, a hearing before the zoning administrator shall be scheduled, noticed, and conducted in compliance with Chapter 21.26 (Public Notices and Hearings).

b.

If no public hearing is requested, the zoning administrator shall render a decision on or after the date specified in the notice referred to in Subparagraph 21.19.040(B)1.a., above.

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

21.19.050 - Required findings.

The review authority may approve or conditionally approve a conditional use permit or administrative use permit only if it first makes all of the following findings:

A.

Consistency. The proposed use is consistent with the general plan and any applicable specific plan; and is allowed within the applicable zoning district, subject to the granting of a conditional use permit or administrative use permit, and complies with all other applicable provisions of this zoning code and the Municipal Code;

B.

Compatibility. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

C.

Suitability.

1.

The site is physically suitable in terms of:

a.

Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking;

b.

Streets and highways adequate to accommodate public and emergency vehicle (such as fire and medical) access;

c.

Public protection services (such as fire protection, police protection, etc.); and

d.

The provision of utilities (such as potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

2.

The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.

3.

Housing Development Projects. For a project that is defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), and any project evoking any provision of state law that references objective design standards for residential development, including but not limited to California Government Code Section 65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35):

a.

If the proposed project complies with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards (Chapter 21.50), Finding B above is not required.

b.

If the proposed project does not comply with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards (Chapter 21.50) and the project has chosen an alternative, discretionary development review path, Finding B above shall be required.

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

In approving a conditional use permit or administrative use permit, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required by Section 21.19.050 (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

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

A conditional use permit or administrative use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.

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

For projects that require both a conditional use permit and a development plan, these applications may be consolidated with one combined set of conditions of approval and one approval resolution.

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

A.

Expansion of Uses. No expansion of uses or services as described in the original application shall be allowed unless a new or amended conditional use permit or administrative use permit, as applicable, is first filed and approved for the proposed expansion, in compliance with this chapter.

B.

Extensions, Amendments, and Appeals. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a conditional use permit or administrative use permit application.

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

Chapter 21.20 - TEMPORARY USE PERMITS

21.20.010 - Purpose and applicability.

A.

Purpose. This chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

B.

Applicability. For purposes of this chapter, a temporary land use activity is defined as a land use that is interim, nonpermanent, and/or seasonal in nature, located on private property, and lasting from one to thirty days, and generally not more than thirty consecutive days in duration. Temporary uses shall consist of the following categories:

1.

Exempt Temporary Uses. Exempt temporary uses, as identified in Section 21.20.020 (Exempt Temporary Uses), that do not require issuance of a temporary use permit.

2.

Allowed Temporary Uses. Non-exempt temporary uses, including special events, as identified in Section 21.20.030 (Allowed Temporary Uses), that require a temporary use permit.

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

The following uses do not require a temporary use Permit:

A.

Seasonal stands (such as pumpkin and Christmas tree sales) without a caretaker unit lasting up to ninety days.

B.

Construction offices in conjunction with construction of a building or other approved development project.

C.

Parking lot sales and other promotional events where only on-site businesses are participating and lasting no more than seven days.

D.

Garage and rummage sales (subject to Section 21.20.040).

E.

Single food truck operating in one location less than seven days (subject to Section 21.69.120).

F.

Temporary food service (such as barbecues) when located at the business's permanent location or in conjunction with a non-profit fundraising event lasting less than seven days.

G.

Sidewalk vending (subject to Subsection 21.20.040(B)).

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

21.20.030 - Allowed temporary uses.

A.

The following activities may be approved by a temporary use permit:

1.

Real estate sales offices (within approved development projects).

2.

Parking lot sales and other promotional events where only on-site businesses are participating and lasting seven or more days (if less than seven days, no temporary use permit is required).

3.

Trailers/temporary buildings in conjunction with an existing on-site business and remaining no more than twelve months.

4.

Single food truck operating in one location seven or more days but not more than one year (subject to Section 21.69.120).

5.

Temporary food service (such barbecues) when located at the business' permanent location or in conjunction with a non-profit fundraising event lasting seven or more days.

Seasonal stands (such as pumpkin and Christmas tree sales) with a caretaker unit lasting up to ninety days.

7.

Circuses, carnivals, fairs, festivals, and concerts lasting up to thirty days.

8.

Off-site construction yards with a valid building permit (no temporary use permit is required if on an immediately adjacent property).

9.

Similar temporary uses as determined by the zoning administrator.

B.

Temporary Uses Requiring an Administrative Use Permit. Other temporary events and special events, outdoor sales, and displays may be allowed with the approval of an administrative use permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits) so long as they are determined to not impact neighboring uses or otherwise create significant impacts.

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

Because of the temporary nature and unique aspects of certain activities, special regulatory provisions are established for the following:

A.

Rummage Sales. Rummage sales are expressly prohibited within the city limits, except when conducted by a charitable or nonprofit organization within a completely enclosed permanent building or structure, or when located on the site of an existing church, social hall, school, clubhouse, auditorium, recreation building, theater, or a location of similar nature.

B.

Garage or Yard Sales.

1.

Garage or yard sales may be conducted at dwellings throughout the city; provided, that the merchandise which has been placed on sale is the result of the normal accumulation of used items acquired by a single family or group of families, and is not in any way connected with an established business.

2.

The occupants of a dwelling shall be limited to two garage or yard sales per year, each having a duration of no more than two consecutive days.

3.

Signs advertising garage or yard sales shall not be posted on public property. Signs on private property shall be removed within twenty-four hours after the sale.

C.

Food Trucks. See Section 21.69.120 (Food Trucks and Food Truck Courts).

D.

Sidewalk Vending. Sidewalk vendors are subject to the following provisions:

1.

Sidewalk vending is permitted only on paved sidewalks within the public right-of-way and city parks.

2.

Sidewalk vending shall not block the accessible path of travel nor curb ramps.

3.

Sidewalk vending is not permitted within parks with a concession agreement.

4.

Stationary vending is not permitted in residential zoning districts.

5.

Sidewalk vendors shall have a valid city of Paso Robles business license.

6.

No motorized vehicles are permitted on city sidewalks or within parks.

7.

Carts, tables, and other equipment and supplies shall not be left unaccompanied nor stored in the public right-of-way or parks overnight.

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

An application for a temporary use permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). An application for a temporary use permit for a seasonal stand with a caretaker unit, circus, carnival, fair, festival, and concert shall be filed no less than sixty days prior to the date on which the temporary use is planned to commence. An application for a temporary use permit for all other allowed uses shall be filed no less than two weeks prior to the date on which the temporary use is planned to commence. The zoning administrator may waive this time period requirement based on circumstances which prevent a timely filing.

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

All requests for temporary use permits on private property may be approved, conditionally approved, or denied by the zoning administrator (subject to agreement by other affected departments). The zoning administrator may refer applications to the planning commission or its designated subcommittees.

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

• 21.20.070 - Findings for approval and revocation.

A.

Required Findings. The review authority may approve or conditionally approve a temporary use permit application only if it first makes all of the following findings:

1.

The proposed use is temporarily permitted within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of the building and fire codes.

2.

The subject site is physically suitable for the type and density/intensity of the proposed use.

3.

The location, size, design, and operating characteristics of the proposed temporary use will not adversely impact surrounding properties.

4.

The proposed temporary use will not adversely impact the public health, safety, or welfare.

5.

There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

6.

There are adequate provisions for public access, parking, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety.

B.

Revocation. A temporary use permit may be revoked or modified by the zoning administrator if any one of the following findings can be made:

1.

That circumstances have changed so that one or more of the required findings can no longer be made;

2.

That the temporary use permit was obtained by fraud or misrepresentation;

3.

That one or more of the conditions of the temporary use permit have not been met; and

4.

That the use is in violation of any statute, ordinance, law, or regulation.

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

A.

General. In approving a temporary use permit, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required in Subsection 21.20.070(A) (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B.

Conditions. Conditions may include, but are not limited to, the following: hours of operation, provisions for parking areas, lighting and signage, traffic circulation and access, performance standards, and other measures necessary to not adversely impact surrounding properties.

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

In no case shall a temporary use permit be approved for longer than twelve months. Approval of a temporary use permit shall not be an entitlement that runs with the land and shall not be assignable or transferable to any other person.

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

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use and shall continue to be used in compliance with this title.

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

Chapter 21.21 - HOME OCCUPATION PERMITS

Applications for home occupations shall be reviewed by the zoning administrator.

A.

A home occupation is a profession or other occupation not otherwise permitted in the district, which is conducted by an accessory use in a residential unit by one or more members of the family residing on the premises and no more than one non-related full-time equivalent employee, with only one such employee working at the premises at any one time, and which in residential districts conforms to the following additional restrictions:

1.

The profession or other occupation shall be carried on wholly within the main building or accessory building.

2.

Not more than one-half of the floor area of the ground floor of the principal building is used for the occupation.

There shall be no exterior storage of materials and equipment, and no other exterior indication of such home occupation or variation from the residential character of the principal building.

4.

There shall be no retail sales on the premises except for "cottage food operations" as defined by Section 113758 of the California Health and Safety Code for which no more than one client is allowed within the premises at a time.

5.

a.

The following types of businesses are considered allowable as home occupations: home office for services provided or conducted outside of the home or on the internet; tutoring/teaching, including musical or dance instruction, provided that no more than one student is served at a time; "cottage food operations" as defined by Section 113758 of the California Health and Safety Code and subject to prior issuance of a permit for a cottage food operation from the county health department as required by Health and Safety Code Section 114365; art studio; tailor/dress-maker; or similar uses.

b.

The following types of businesses are not permitted as home occupations: animal hospital; automotive repair; small engine repair; barber or beauty shop; restaurant; tavern; wine-tasting; or similar uses.

6.

There shall be no signs identifying the business.

B.

Exception for Hardship. The planning commission may grant an exception to the strict application of the above requirements when the applicant is able to show that there is a hardship upon the applicant which warrants such an exception. In such cases the applicant must prove that the activity for which the permit is requested is one that is light, clean, free from noise, and will have no adverse effect upon the residential character of the neighborhood. All such applications shall be granted by a use permit and shall be subject to annual review.

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

Chapter 21.22 - VARIANCES

21.22.010 - Purpose and applicability.

A.

Purpose. The variance procedure is intended to permit minor adjustments to the strict application of the provisions of this title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

B.

Applicability. Variances may be granted to vary or modify dimensional and performance standards but may not be granted to allow uses or activities that this title does not authorize for a specific lot or property size.

C.

Limitations. This chapter does not grant the power to approve variances to allow land uses or activities in a zoning district where the use or activity is explicitly prohibited.

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

A.

Application. An application for a variance shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.22.030 (Required Findings) below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

B.

Review Authority. The planning commission shall act as the review authority for variance applications based on consideration of the requirements of this chapter.

C.

Notice and Hearings.

1.

The planning commission shall conduct a public hearing on an application for a variance before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

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

The review authority may approve a variance application, with or without conditions, only if it first makes all of the following findings:

A.

The variance will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

B.

The variance will not authorize a use or activity that is not otherwise expressly authorized in the subject property's zoning classification;

C.

There are exceptional or extraordinary circumstances applicable to the subject property (such as location, shape, size, surroundings or topography), so that the strict application of this title denies the property owner of privileges

enjoyed by others in the vicinity and identical zoning district;

D.

The variance will not create a special privilege for the subject property that is inconsistent with the limitations on other properties in the vicinity and within the same zoning district; and

E.

The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;

F.

The variance is not contrary to the purpose, goals, and policies of the general plan, the zoning code and any applicable specific plan.

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

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior variance is not admissible evidence for the approval of a new variance.

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

In approving a variance, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required in Section 21.22.030 (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

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

A variance approved in compliance with the provisions of this chapter shall run with the land and confer the rights granted to and conditions placed upon the applicant onto subsequent property owners.

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

The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a variance application.

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

Chapter 21.24 - ENTITLEMENT IMPLEMENTATION, EXTENSIONS, AMENDMENTS, AND REVOCATIONS

This chapter provides requirements for the implementation, or "exercising," of the entitlements required by this title, including time limits and procedures for approving extensions of time, modifying approved entitlements, and revoking

entitlements.

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

21.24.020 - Effective dates of entitlements.

No building permit shall be issued until after the effective dates of final decisions, as indicted in this section, and then only in accordance with the terms and conditions of the entitlement granted:

A.

General Plan Amendments. Immediately following city council adoption of a resolution specifying the decision made.

B.

Specific Plans (Adoption and Amendment).

1.

Adopted by Resolution. Immediately following city council adoption of a resolution specifying the decision made.

2.

Adopted by Ordinance. Thirty days following the second reading of an ordinance.

C.

Zoning Code Amendments (Map and Text). Thirty days following the second reading of an ordinance.

D.

Final Maps. Immediately following city council adoption of a resolution specifying the decision made.

E.

Tentative Tract Maps and Tentative Parcel Maps. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the tentative tract map or parcel map up for city council hearing.

F.

Lot Line Adjustments. Fifteen calendar days following zoning administrator decision; provided, that an appeal has not been filed to the planning commission and/or that the planning commission has not called the lot line adjustment up for commission hearing.

G.

Master Development Plan. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the master development plan up for city council hearing.

H.

Development Review—Development Plan (with or without modifications). Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the development plan up for city council hearing.

I.

Development Review—Site Plan (with or without modifications). Fifteen calendar days following review authority decision; provided, that an appeal has not been filed to the planning commission and/or that the planning commission has not called the decision up for planning commission review.

J.

Development Review—Plot Plan. Fifteen calendar days following a decision by the zoning administrator; provided, that an appeal has not been filed to the development review committee;

K.

Conditional Use Permits. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the conditional use permit up for city council hearing;

L.

Administrative Use Permits. Fifteen calendar days following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

M.

Special Planned Development Zoning Overlay. Thirty calendar days following the second reading of an ordinance.

N.

Variances. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city has not called the variance up for city council hearing;

O.

Street Abandonments. Immediately following city council adoption of a resolution specifying the decision made;

P.

Temporary Use Permits. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

Q.

Home Occupations. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

R.

Zoning Verification. Immediately following a decision by the zoning administrator;

S.

Interpretations of the Zoning Code. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission or city council; and

T.

Short-Term Rental Permit. Fifteen calendar days following the decision of the zoning administrator; provided that an appeal has not been filed to the planning commission and/or the planning commission has not called the short-term rental permit up for commission hearing.

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

A.

Time Period. The review authority, in the granting of any entitlement, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any entitlement granted under this title shall automatically expire when no project or use or time extension (Subsection 21.24.030(C)) has been initiated within two years after the date of the approval and become null and void.

B.

Reasonable Limits. Any time limit set by the applicable review authority shall be reasonable, based upon the size and the nature of the proposed project.

C.

Actions for Active and Continuous Pursuit. If, at the end of a two-year period, one of the situations listed below has occurred, said approval shall become invalid.

1.

A building or grading permit has not been issued; or

2.

A building or grading permit has been issued but construction or grading has not commenced within one hundred eighty days of the issuance; or

3.

A building or grading permit has been issued and construction or grading has commenced but has subsequently lapsed for a period of one hundred eighty days; or

4.

A written request for a time extension request and the applicable fee have not been received; or

5.

A tentative tract or parcel map associated with the development plan, site plan, or plot plan has expired.

D.

Time Extensions.

1.

The applicant's written request for a time extension shall be submitted prior to expiration of the entitlement, together with any filing fee.

2.

The review authority that approved an entitlement shall be the review authority for an application for a time extension except:

a.

As provided in Subsection 21.15.040(C) (Time Limit on Approval);

b.

For projects originally approved by the city council, a time extension shall be considered by the planning commission; or

c.

Unless an alternate review authority is specified in the approving resolution.

3.

A public hearing in compliance with Chapter 21.26 (Public Hearings and Notice) shall be required for matters that originally required a public hearing.

4.

Time extensions can be granted by the review authority for up to two years per request.

5.

In the event the review authority denies the request for extension, the applicant may, within fifteen days of the decision, appeal the decision in compliance with Chapter 21.25 (Appeals and Calls for Review).

E.

Time Extension Required Findings. An extension of the entitlement, permit, or approval may be granted only if the review authority first makes all of the following findings:

1.

There have been no changes in circumstances that would preclude the review authority from making the findings upon which the original approval was based;

2.

There have been no changes to the provisions of the general plan, zoning code, or other laws or policies applicable to the project since the original approval;

3.

There have been no changes in the character of the site or its surroundings that affect how the standards of the general plan or zoning code apply to the project; and

4.

Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant.

F.

Further Extensions Deemed New Application. An application for an extension of the entitlement, permit, or approval in excess of eight years following the original date of approval (original two years plus up to an additional six years) shall be treated as a new application. Entitlements approved concurrently with a tentative tract or parcel map shall have the same expiration time period as the tentative map.

G.

Effect of Expiration. Where the entitlement, permit, or approval has expired and/or has been deemed void:

1.

No further action is required by the city;

2.

No further reliance may be placed on the previously approved entitlement, permit, or approval;

3.

The applicant shall have no rights previously granted under the entitlement, permit, or approval;

4.

The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and

5.

The new application(s) shall be subject to the regulations in effect at time of submittal.

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

A.

Conformance Required.

1.

A development or new land use allowed by an entitlement, permit, or approval authorized by this chapter shall be in substantial compliance with the approved drawings and plans and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this section.

2.

An applicant shall request any desired changes to an entitlement, permit, or approval to the zoning administrator in writing and shall also furnish appropriate supporting materials and an explanation of the reason(s) for the request.

3.

Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the operation, use, or physical characteristics of the project (such as hours of operation, expansion of a use, redesign, etc.) as originally proposed by the applicant or approved by the review authority.

Changes shall not be implemented until first approved by the applicable review authority in compliance with this section and may be requested either before or after construction or establishment and operation of the approved use.

B.

Notice of Hearing. A public hearing in compliance with Chapter 21.26 (Public Hearings and Notice) shall be required for matters that originally required a public hearing, except for the minor changes outlined below in Subsection 21.24.040(C) (Minor Changes by Development Review Committee or Zoning Administrator).

C.

Minor Changes by Development Review Committee or Zoning Administrator.

1.

Development Plan. The development review committee, following criteria established by the planning commission from time to time, may authorize minor changes to an approved development plan.

2.

Site Plan. The zoning administrator, following criteria established by the planning commission from time to time, may authorize minor changes to an approved site plan or plot plan.

3.

Criteria for Approval. The review authority may approve or conditionally approve minor changes to an approved development plan or site plan that:

a.

Are consistent with all applicable provisions of this title and the spirit and intent of the original approval; and

b.

Do not involve a feature of the project that was:

i.

A basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project;

ii.

A basis for conditions of approval for the project;

iii.

A basis for making a required finding in granting the permit or approval; or

iv.

A specific consideration by the review authority in granting the permit or approval.

c.

Do not involve any expansion or intensification of the use or structure.

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

Any entitlement, permit, or approval granted under this title may be revoked or revised for cause if any of the conditions or terms of the entitlement, permit, or approval are violated or if any law or ordinance is violated.

A.

Initiation of Proceeding. Revocation proceedings may be initiated by the city council, planning commission, or zoning administrator.

B.

Public Notice, Hearings, and Action. After conducting a duly noticed public hearing, the applicable review authority shall act on the proposed revocation.

C.

Required Findings. The review authority may revoke or modify the entitlement if it makes any of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact either through the omission of a material statement in the application, or in public hearing testimony;

2.

Circumstances under which the entitlement, permit, or approval was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit or approval can no longer be made;

3.

Failure or refusal to allow inspections for compliance;

4.

There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this title, or any applicable local or state law or regulation;

5.

Improvements authorized by the entitlement, permit, or approval are in violation of any code, law, ordinance, regulation, or statute; or

6.

The use or structure is being operated or maintained in a manner detrimental to the public safety, health and welfare, or to be a nuisance.

D.

Notice of Action. Following review authority action to revoke or modify a permit, the zoning administrator shall issue a notice of action within ten days. The notice shall describe the review authority's action with its findings. The zoning

administrator shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

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

Chapter 21.25 - APPEALS AND CALLS FOR REVIEW

This chapter establishes procedures for the appeal of determinations and decisions rendered by a review authority and for calls for review.

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

• 21.25.020 - Review authority.

A.

Planning Commission. The planning commission may call for a review of any determination or policy decision rendered by the development review committee, zoning administrator, or director.

B.

City Council. The city council may call for a review of any decision rendered by the planning commission, development review committee, zoning administrator, or director.

C.

Appeals. Appeals must be filed in the manner prescribed by Section 21.25.030 (Filing and Processing of Appeals). The review authority for appeal of each discretionary planning action shall be as listed in Table 21.08.070-1 (Review Authority) and more generally as listed below:

1.

Zoning Administrator and Director Decisions. Any decision of the zoning administrator or director may be appealed to the development review committee or planning commission (see Table 21.08.070-1 (Review Authority) by applicants or any interested party.

2.

Development Review Committee Decisions. Any decision of the development review committee may be appealed to the planning commission by applicants or any interested party.

3.

Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council by applicants or any interested person.

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

21.25.030 - Filing and processing of appeals.

A.

Eligibility to Appeal. Any interested person or agency may appeal a director, zoning administrator, development review committee, or planning commission decision.

B.

Filing and Processing of Appeals.

1.

Director, Zoning Administrator, or Development Review Committee Decisions. Appeals of director, zoning administrator, or development review committee decisions may be made by interested persons or agencies by filing an appeal application, to be received by the department no later than fifteen calendar days following the decision of the director, zoning administrator, or development review committee being appealed. The application shall specify the person making the appeal, the decision being appealed, and shall state in clear and concise language the reasons for the appeal. The appeal shall be scheduled for public hearing with the planning commission as specified in Chapter 21.26 (Public Hearings and Notice) within thirty days of receipt of the letter of appeal.

2.

Planning Commission Decisions.

a.

Appeals of planning commission decisions made by interested persons or agencies must be made in writing and accompanied by a fee to be established by resolution of the city council, and received by the department no later than fifteen calendar days following the decision of the planning commission being appealed. The written application shall specify the person making the appeal, the decision being appealed, and shall state in clear and concise language the reasons for the appeal.

b.

After the filing of an application for an appeal, the director shall refer the application to the city clerk who will schedule the appeal for city council review and hearing. The appeal shall be scheduled for public hearing with the city council as specified in Chapter 21.26 (Public Hearings and Notice).

C.

Decision.

1.

Planning Commission. Following review and consideration of an appeal, the planning commission shall have the authority to modify, overrule, or sustain the decisions of the development review committee, zoning administrator, and director. The decision of the planning commission shall be final unless either of the following occurs:

a.

The planning commission's decision on the appeal is further appealed to the city council in accordance with Paragraph 21.25.030(C)2.; or

b.

The city council calls the planning commission's decision on the appeal up for city council review in accordance with Subsection 21.25.040(B) (Initiation by City Council Members).

2.

City Council. Following a hearing on an appeal or any planning commission decision called up for city council review, the city council shall have the authority to modify, overrule, or sustain the decisions of the planning commission.

D.

Effect of Decision. The determination and order of the planning commission or, if appeal or call for review is had under the foregoing provisions, the determination and order of the city council, is final and conclusive upon the applicant.

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

21.25.040 - Filing and processing of calls for review.

A.

Initiation by Planning Commissioners. Any planning commissioner may initiate a call for review of a director, zoning administrator, or development review committee's determination or decision filed no later than fifteen calendar days following the determination or decision. Such request shall be made in writing before the effective date of the action.

B.

Initiation by City Council Members. Any city council member may initiate a call for review of a director, zoning administrator, development review committee, or planning commission's determination or decision filed no later than fifteen calendar days following the decision or determination. Such request shall be made in writing before the effective date of the action.

C.

Consideration of Call for Review. The planning commission or city council's call for review shall be scheduled for public hearing as specified in Chapter 21.26 (Public Hearings and Notice) within thirty days of receipt of the call for review.

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

Chapter 21.26 - PUBLIC HEARINGS AND NOTICE

This chapter establishes procedures for public hearings and notice of certain decisions required by this zoning code.

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

21.26.020 - Public hearing procedures.

A.

Hearing Requirements. Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law as follows:

1.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

2.

Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.

3.

Scheduling. Hearings before the city council shall be scheduled by the city clerk. All other hearings shall be scheduled by the zoning administrator.

B.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

C.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

D.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

E.

Continuance of Public Hearing. Any hearing may be continued from time to time without further notice, provided the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

F.

Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by city staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the review authority.

G.

Decision. The public hearing shall be closed before a vote is taken.

H.

Deferral of Final Decision. The hearing body may announce a tentative decision and defer action on a final decision until appropriate findings and/or conditions have been prepared.

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

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with state law and the following:

A.

Contents of Public Hearing Notice. Notice of a public hearing shall include all of the following information, as applicable:

1.

Process Information.

a.

The name of the hearing body;

b.

The date, time and place of the hearing or the date of action when no public hearing is required; and

c.

A brief description of the city's general procedure concerning the submission of public comments and conduct of hearings and decisions (such as the public's right to appear and be heard).

2.

Project Information.

a.

The name of the applicant and owner of the subject property;

b.

The city's file number(s) assigned to the application;

c.

A general explanation of the matter to be considered;

d.

Whether any modifications to development standards are proposed; and

e.

A general description, in text or by diagram, of the location of the property that is the subject of the hearing.

3.

Statement on Environmental Document. A statement on compliance with the California Environmental Quality Act (CEQA) and the city's CEQA Guidelines and whether the review authority will consider approval of a notice of exemption, a proposed negative declaration or mitigated negative declaration, or certification of a proposed final environmental impact report, as applicable.

B.

Methods of Notice of Public Hearings. Notice of public hearings shall be provided by the department as follows:

Mailed Notice. Postmarked at least ten calendar days before the date of the public hearing, the zoning administrator, or the city clerk for hearings before the city council, shall provide notice by First Class mail delivery to:

a.

The applicant for the proposal in question and the owner of the subject property;

b.

The owners and occupants of all real property within three hundred feet of the site of the proposal in question;

c.

Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected; and

d.

Any person or group who has filed a written request for notice regarding the specific application.

2.

Alternative Method for Large Mailings. If the total number of owners and occupants to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the zoning administrator or city clerk may choose to provide the alternative notice allowed by California Government Code Section 65091(a)(4).

3.

Newspaper Notice. At least ten days before the date of the public hearing, notice shall be published in a newspaper of general circulation.

4.

Posted Notice. At least ten days before the date of the public hearing, notice (no less than eleven inches by seventeen inches) shall be posted in a format approved by the department in a prominent place on or near the subject property site.

5.

Additional Notice. In addition to the types of notice required above, the zoning administrator may require any additional notice with content or using a distribution method (such as posting on the city's web site) as the zoning administrator determines is necessary or desirable.

C.

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

D.

Street Abandonments. Public hearings for review of street abandonments shall be noticed as required by the California Streets and Highways Code.

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

See Subsection 21.15.050(B) (Site Plan) for notice requirements associated with development review committee meetings for site plan review.

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

Chapter 21.27 - REASONABLE ACCOMMODATIONS

A.

Purpose. This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

B.

Applicability.

1.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

2.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

3.

A request for reasonable accommodation may include 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.

4.

An applicant seeking reasonable accommodation pursuant to this chapter may seek an accommodation that is also available under other provisions allowing for modifications of otherwise applicable standards under this title. In such case, an accommodation under this chapter shall be in lieu of any approval, permit, or entitlement that would otherwise be required.

5.

An applicant submitting a request for reasonable accommodation pursuant to this chapter may request an accommodation not otherwise available under this title.

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

A.

Application Requirements. In addition to any other information that is required under this title, an applicant submitting a request for reasonable accommodation shall provide the following information:

1.

Applicant's name, address, telephone number, and email address;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The code provision, regulation(s), policy, or procedure for which accommodation is requested;

5.

A statement describing why the requested accommodation is reasonably necessary to make the specific housing available to the applicant, including information establishing that the applicant is disabled under applicable laws. Any information related to a disability status and identified by the applicant as confidential shall be retained in a manner so as to respect the applicant's privacy rights and shall not be made available for public inspection;

6.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

7.

Such other relevant and permissible information as may be requested by the zoning administrator or their designee.

B.

Review Authority. The zoning administrator shall have the authority to consider and act on requests for reasonable accommodation. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the review authority for the discretionary land use application.

C.

Approval. An application filed pursuant to this chapter may be approved, approved subject to conditions, or denied.

D.

Fees. There shall be no fee in connection with the filing of a request for reasonable accommodation. If the request for reasonable accommodation is filed concurrently with an application for an additional approval, permit or entitlement, the applicant shall pay only the fee for the additional approval, permit, or entitlement.

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

A.

Findings. Before a reasonable accommodation request may be granted, the review authority shall make all of the following findings:

1.

The person that will live in the housing that is the subject of the modification is a qualified individual with a disability protected under fair housing laws;

2.

The modification is necessary to make housing available to disabled persons protected under fair housing laws;

3.

The requested modification would not impose an undue financial or administrative burden on the city; and

4.

The requested modification would not constitute a fundamental alteration of the city's zoning or building laws, policies, procedures, or subdivision program.

B.

Decision. The zoning administrator shall issue a decision letter within thirty days of deeming the application complete and may either grant, grant with modifications, or deny a request for reasonable accommodations in accordance with the required findings (Subsection 21.27.030(A)).

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

Any approval or conditional approval of an application filed pursuant to this chapter may provide for its rescission or automatic expiration under appropriate circumstances.

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

A.

General. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a reasonable accommodation application.

B.

Termination. A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

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

ARTICLE 3. - ZONING DISTRICTS, ALLOWABLE USES, AND DEVELOPMENT STANDARDS Chapter 21.32 - LAND USE REGULATIONS IN ZONING DISTRICTS

21.32.010 - Land use regulations in zoning districts.

A.

Allowed Uses. Table 21.32-1 (Zoning District Use Regulations) indicates the uses allowed within each zoning district and any permits required to establish the use, pursuant to Article 2 (Code Administration and Permits). Land uses are defined in Chapter 21.91 (Land Use Definitions). Uses defined in Chapter 21.91 (Land Use Definitions) and not listed in Table 21.32-1 (Zoning District Use Regulations) are prohibited. Additional permits may be required for development projects and construction.

B.

Zoning Administrator Determination. Land uses are defined in Chapter 21.91 (Land Use Definitions). In cases where a specific land use or activity is not defined, the zoning administrator shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses listed in the table are prohibited.

C.

Specific Use Regulations. Where the last column in Table 21.32-1 (Zoning District Use Regulations) includes a chapter, section, subsection, or paragraph, the regulations in the referenced chapter, section, subsection, or paragraph shall apply to the use. Additionally, there may be limits and restrictions within overlay zoning districts and specific plan areas.

D.

Abbreviations of Zoning Districts in Table 21.32-1. The first row in Table 21.32-1 includes all zoning districts by abbreviation. The full name of each zoning district is:

1.

R-A: Residential Agriculture.

2.

R-1: Single Family Residential.

3.

R-2: Low Density Multi-Family Residential.

4.

R-3: Medium Density Multi-Family Residential.

5.

R-4: Medium High Density Multi-Family Residential.

6.

R-5: High Density Multi-Unit Family Residential.

7.

OP: Office Professional.

CP: Neighborhood Commercial.

C-1: General Retail Commercial.

C-2: Highway Commercial.

C-3: Commercial/Light Industrial.

RC: Regional Commercial.

RL: Resort/Lodging.

M: Industrial.

PM: Planned Industrial.

AP: Airport.

AG: Agricultural.

POS: Parks and Open Space.

OS: Open Space.

PF: Public Facilities.

Table 21.32-1: Zoning District Use Regulations

EXPLANATION OF CODES USED IN THIS CHART

A (administrative use) denotes a land use which requires approval of an administrative use permit per Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

P (permitted use) denotes a land use that is permitted.

C (conditional use) denotes a land use that requires approval of a conditional use permit (CUP) per Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

— (non-permitted use) denotes a land use that is not permitted.

T (temporary use) denotes a land use that requires approval of a temporary use permit per Chapter 21.20 (Temporary Use Permits).

• A specific use regulation applicable only to the zoning district in which the * (or **, or ***) is listed.

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

Chapter 21.33 - RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-2, R-3, R-4, R-5)

21.33.010 - Purpose and applicability.

A.

Residential Zoning Districts Purpose. The purpose of the residential zoning districts is to:

Accommodate a full range of housing types and densities consistent with the general plan;

2.

Preserve, protect, and enhance the character of residential neighborhoods;

3.

Ensure adequate light, air, privacy, and open space for each dwelling;

4.

Ensure that the scale and design of new development and alterations and additions to existing structures are compatible with the scale, mass, and character of their neighborhoods; and

5.

Provide sites for public and semi-public land uses, such as parks and public safety facilities, that will serve city residents and will complement surrounding residential development.

B.

Residential Agricultural Zoning District (R-A) Purpose. The R-A zoning district is intended to accommodate semi-rural, detached single-family dwellings. This zoning district implements the general plan residential suburban and agriculture designations.

C.

Single-Family Residential Zoning District (R-1) Purpose. The R-1 zoning district is established to accommodate detached single-family dwellings developed at a density between one and six units per acre. This zoning district implements the general plan residential single family designation.

D.

R-Combining District: B Zoning Districts (B-1, B-2, B-3, B-4, B-5) Purpose. The B zoning district is established to encourage and preserve rural areas of the city developed with and planned for low-density residential neighborhoods away from its core. The B zoning district is a combining district that provides additional regulations regarding lot standards and minimum setbacks in the R-1 zoning district.

E.

Low Density Multi-Family Residential Zoning District (R-2) Purpose. The R-2 zoning district is established to accommodate low-scale attached housing types and implements the general plan residential, multiple-family, low density designation.

F.

Medium Density Multi-Family Residential Zoning District (R-3) Purpose. The R-3 zoning district is established to accommodate multi-family housing types and implements the general plan residential, multiple-family, medium density designation.

G.

Medium Density Multi-Family Residential/Office Professional Zoning District (R-3-O) Purpose. The R-3-O zoning district is established to accommodate a combination of multi-family housing types and office professional uses, and

implements the general plan residential, multiple-family, medium density and office professional designations.

H.

Medium High Density Multi-Family Residential Zoning District (R-4) Purpose. The R-4 zoning district is established to accommodate multi-family buildings and mobile home developments. This zoning district implements the general plan residential, multiple-family, medium-high density designation.

I.

High Density Multi-Family Residential Zoning District (R-5) Purpose. The R-5 zoning district is established to accommodate multi-family buildings and implements the general plan residential, multiple-family, high density designation.

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

Uses permitted by right and subject to approval of a conditional use permit shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts). Conditional Use Permits applications shall be processed pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

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

21.33.030 - Development standards in single-family residential zoning districts (R-A, R-1, and RS).

A.

General Development Standards.

1.

Standards. New structures and alterations to existing structures shall be designed and constructed in compliance with the requirements in Table 21.33.030-1 (General Development Standards for Single-Family Residential Zoning Districts).

2.

Process. Chapter 21.15 (Development Review) is required prior to building permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.

B.

Additional Regulations. In addition to other sections of the zoning code:

1.

Exceptions and additional regulations are included in Section 21.33.040 (Additional Residential Development Standards in Single-Family Residential Zoning Districts).

2.

See also the development standards in Article 4 (Regulations and Standards Applicable to All Zoning Districts).

Table 21.33.030-1: Development Standards for R-A, R-1 and R-1 Combining Districts

Structure separations 6 ft

located within 5 feet of any alley. See Subsection 21.33.040(B)

Notes:

1.

See Section 21.41.120 (Determining Setbacks) and Section 21.41.130 (Projections into Setbacks).

2.

This setback pertains to garage doors with sectional, roll-up doors that open directly toward a street. Garages with single-panel, swing-up doors that open directly toward a street shall be set back at least twenty-five feet from the property line.

3.

Detached accessory structures (as defined in Section 21.92.190 ["Structure, Detached Accessory"]) shall not be located closer to the front property line than the front wall of the main structure oriented toward the street.

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

21.33.040 - Additional development standards in single-family residential zoning districts.

A.

Additional Setback Standards.

1.

Modifications.

a.

Front Setback Reduction. A reduction in the required front setback to no less than five feet may be allowed through a development plan modification (Section 21.16.020) if, in addition to the findings of Subsection 21.16.020(D), all of the following findings can be made:

i.

The reduction is necessary to preserve oak trees and/or minimize major grading;

ii.

The project maintains either a twenty-foot setback from the garage door or a five-foot setback from the garage door, if the garage door faces the street; and

iii.

The reduced setback would not be inconsistent with an established neighborhood pattern.

b.

Rear Setbacks Reduction Adjacent to Public School District-Owned Property. On R-1 zoned properties that have rear setbacks that back up to public school district-owned public facilities (explicitly excluding properties with rear setbacks that abut public streets or alleys, detention basins, bike paths), a site plan modification (Section 21.17.020) may be allowed to reduce rear setbacks to a minimum of ten feet for single-story additions to existing buildings. This reduction in rear setbacks may not be approved in conjunction with new home construction. In approving such a request, the review authority shall consider impacts on the views, privacy, and other concerns of abutting property owners, and make the required findings (Subsection 21.17.020(C)).

c.

Lot Size and Width. Within R-A and R-1 zoning districts, modifications to lot size and width may be allowed through a development plan modification (Section 21.16.020) if, in addition to the findings of Subsection 21.16.020(D), the following findings can be made:

i.

The modification would facilitate a superior site design (such as to cluster lots to preserve natural resources); and

ii.

The project as a whole does not exceed maximum allowed density.

B.

Structure Separation Standards.

The minimum separations between detached structures, both main and accessory, shall be six feet, as measured from the exterior walls or vertical posts to support roofs. To be considered attached, structures shall be made structurally a part of, and shall have a common roof with, the primary structure (s), except patio covers may be considered attached but located away from the building as allowed by Subsection 21.43.030(B) (Attached Patio Covers in Residential Zoning Districts).

C.

Additional Detached Accessory Structure Standards.

1.

Standards—General. Detached accessory structures shall conform to the following requirements:

a.

The cumulative gross floor area of all detached accessory structures on a lot shall not exceed fifty percent of the gross floor area, including any attached garage, of the primary structure.

b.

Detached accessory structures shall be located behind the front plane (and/or street side plane, as applicable) of the primary structure.

c.

Detached accessory structures shall be constructed to be architecturally compatible with the primary structure(s) in terms of materials, colors, relief treatment for elevations, and roofing materials. The zoning administrator shall make determinations of compatibility.

Modifications—General.

a.

Large Detached Accessory Structures—Process. Modifications to standards for large detached accessory structures (over one hundred twenty square feet) may be allowed through a development plan modification (Section 21.16.020).

b.

Small Detached Accessory Structures—Process. Modifications to standards for small detached accessory structures (one hundred twenty square feet or smaller) may be allowed through a site plan modification (Section 21.17.020).

c.

Findings. In approving such a request, the review authority shall consider impacts on the views, privacy, and other concerns of abutting property owners, and make the required findings Subsection 21.16.020(D) or Subsection 21.17.020(C), as applicable.

3.

Modifications for Shelters for Recreational Vehicles, Boats, Campers, Travel Trailers, or Similar Vehicles. See Paragraph 21.43.030(C)12.

D.

General Architectural Requirements for Primary Structures.

1.

Roofs.

a.

Allowed Roof Types. Roofs shall be one of the following types:

i.

Gable;

ii.

Shed; or

iii.

Hipped.

b.

Regulations for All Roofs. All roofs shall:

i.

Have a pitch of at least 3:12;

ii.

Have at least two planes/orientations; and

iii.

Have eaves, rakes, or overhangs, extending the length of the roof, with an eighteen-inch minimum projection.

iv.

Roofing materials shall consist of concrete or clay tile, fire-retardant wood shake, asphalt composition, or other similar noncombustible material. Metal roof materials for single-family homes and detached accessory structures are not allowed unless approved through a site plan modification, consistent with Paragraph 21.33.040(D)5.

2.

Siding. Siding shall consist of stucco, wood, fiber cement, brick, or other similar hard, durable material. Metal siding material for single-family homes and detached accessory structure is not allowed unless approved through a site plan modification, consistent with Paragraph 21.33.040(D)5.

3.

Required Entryway Distinction. Frontages facing the public right-of-way shall include a porch, gabled entry, distinct change in roof line or columns, or have some other significant architectural distinction to define the entryway. On corner lots, the street side façade is not required to comply. See Figures 21.50.070-4 and 21.50.070-5 for typical entryway features.

4.

Transparencies. All front and street side elevations shall incorporate windows and transparent openings that constitute a minimum of ten percent of the applicable elevation.

Figure 21.33.040-1: Transparencies in Single-Family Developments

==> picture [286 x 206] intentionally omitted <==

---

5.

Modifications.

a.

General. Modifications to architectural requirements for primary structures may be allowed through a site plan modification (Section 21.17.020). In approving such a request, the review authority shall consider impacts on the views, privacy, and other concerns of abutting property owners, and make the required findings (Subsection 21.17.020(C)).

b.

Metal Exterior Building Conditions. In addition to the required findings for a site plan modification (Subsection 21.17.020(C)), for projects that include a request for metal exterior building materials, the review authority shall find:

i.

The material and the way that it is proposed to be applied to the structure is compatible with the architectural theme of the structure;

ii.

The material would not conflict with the residential character of the home and surrounding neighborhood;

iii.

The proposed use of and manner in which it would be applied demonstrates a high quality of craftsmanship; and

iv.

The design and materials used for primary structure and detached accessory structures on the same lot are compatible.

E.

Parking Design. Each single-family residence shall be provided with two covered parking spaces. See Section 21.48.100 (Parking Area Design and Development Standards).

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

21.33.050 - Development standards in multi-family residential (R-2, R-3, R-4, R-5) zoning districts.

A.

General Development Standards. New structures and alterations to existing structures shall be designed and constructed in compliance with the requirements in Tables 21.33.050-1 (Multi-family Zoning Districts Maximum Density Based on Average Slope) and 21.33.050-2 (General Development Standards for Multi-Family Residential Zoning Districts).

B.

Additional Regulations. In addition to other sections of the zoning code:

1.

Exceptions and additional regulations are included in Section 21.33.060 (Additional Residential Development Standards in Multi-Family Residential Zoning Districts);

Additional regulations for properties adjacent to single-family zoning districts are included in Section 21.33.070 (Additional Regulations for Properties Adjacent to Single-Family Residential (R-1) Zoning Districts); and

3.

See also the development standards in Article 4 (Regulations and Standards Applicable to All Zoning Districts.

---

Table 21.33.050-1: Multi-family Zoning Districts Maximum Density Based on Average Slope

Figure 21.33.050-1: R-2 and R-3 zoned lots in Blocks 1-196 of the Original Subdivision of the City

==> picture [264 x 289] intentionally omitted <==

Table 21.33.050-2: General Development Standards for Multi-Family Residential Zoning Districts

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

21.33.060 - Additional development standards in multi-family residential zoning districts.

A.

Special Density Standards. Where the zoning districts listed in Table 21.33.060-1 appear on the zoning map, the density limits listed in Table 21.33.060-1 shall apply, regardless of the underlying average slope category and density listed in Table 21.33.050-1. All other development standards applicable in the general zoning district (for example, R- 2, R-3, R-4, R-5) shall apply.

Table 21.33.060-1: Special Density Standards

B.

Setback Requirements. All structures shall comply with the setback requirements in Table 21.33.060-2. For townhouse-type condominium units and small lot developments with individual lots for each unit, setbacks from the

property lines defining each unit are not required. However, all primary and accessory buildings shall be set back from the project's exterior property lines as indicated in Table 21.33.060-2.

Table 21.33.060-2: Setbacks in Multi-Family Zoning Districts[1]

C.

Detached Accessory Structures.

Standards.

a.

Gross Floor Area. For projects with four or fewer units, the cumulative gross floor area of all detached accessory structures on a lot (excluding clubhouses and/or common recreation rooms) shall not exceed fifty percent of the gross floor area, including any attached garage, of the primary structure(s). Applicants may apply for an exception to this requirement through a development plan modification request (Section 21.16.020).

b.

Location. In addition to the standards listed in Table 21.33.060-2 (Setbacks in Multi-Family Zoning Districts), detached accessory structures shall be located behind the front plane of the primary structure closest to the public right-of-way.

2.

Modifications.

a.

Large Detached Accessory Structures—Process. Modifications to standards for large detached accessory structures (over one hundred twenty square feet) may be allowed through a development plan modification (Section 21.16.020).

b.

Small Detached Accessory Structures—Process. Modifications to standards for small detached accessory structures (one hundred twenty square feet or smaller) may be allowed through a site plan modification (Section 21.17.020).

c.

Findings. In approving such a request, the review authority shall consider impacts on the views, privacy, and other concerns of abutting property owners, and make the required findings (Subsection 21.16.020(D) or Subsection 21.17.020(C), as applicable).

3.

Modifications for Shelters for Recreational Vehicles, Boats, Campers, Travel Trailers, or Similar Vehicles. See Paragraph 21.43.030(C)12.

D.

Structure Separation Standards. The minimum separations between detached structures, both main and accessory, shall be ten feet, as measured from the exterior walls or vertical posts to support roofs. To be considered attached, structures shall be made structurally a part of, and shall have a common roof with a primary structure.

E.

Open Space and Recreational Amenities.

1.

Size and Type of Open Space. Required open space may be provided as private (for the exclusive use of the residents of one dwelling unit), shared (accessible to all of the residents of a development), or a combination of private and shared open spaces. Private open space shall have 1.5 times the value of shared open space. That is, a two hundred square foot private open space area will be the equivalent of three hundred square feet of shared open space.

a.

Private open space, when provided, shall comply with the following standards:

i.

Ground floor units: an area enclosed with a three- to six-foot-high fence with a minimum area of one hundred square feet. No ground floor private open space shall be located within the front or street side setback.

ii.

Upper floor units: a private balcony with a minimum area of fifty square feet. This area shall not include walkways to adjacent units.

b.

Shared open space, when provided, shall comply with the following standards:

i.

Slope of ten percent or less.

ii.

Minimum horizontal dimension of fifteen feet.

iii.

Not be located within front or street side setbacks, buildings, parking, or drive areas but may be located within interior side and rear setbacks.

c.

Roof-top open space (such as balcony or deck over a garage) is eligible as part of the calculation for open space. If access is limited to individual units, it shall be considered private open space. If access is available to multiple units, it shall be considered shared open space.

d.

See Subsection 21.45.020(E) (Residential Open Space Areas).

2.

Recreational Amenities.

a.

Playgrounds. Children's playgrounds, including permanent play equipment designed for children of all abilities and ages, are required consistent with Table 21.33.060-3 (Open Space Required Amenities). Senior housing is exempt from this requirement.

b.

Other Amenities. Other recreational amenities include, but are not limited to, picnic areas with barbecue pits and tables, spas, pools, clubhouses and recreation rooms, sports courts (such as basketball courts and half-courts, tennis courts pickleball courts). Other recreational amenities are required consistent with Table 21.33.060-3 (Open Space Required Amenities).

c.

Provision of Playgrounds and Amenities. See Table 21.33.060-3 (Open Space Required Amenities).

Table 21.33.060-3: Open Space

Required Amenities

d.

Playgrounds shall comply with the following:

i.

Playgrounds shall be located in areas that are safely accessible and easily supervised.

ii.

Each playground shall include a minimum of three permanent play equipment features (such as slide, swings, monkey bars, etc.) designed for children of all abilities and ages, or the equivalent in size, scale, and recreation diversity.

iii.

One or more playgrounds may be combined as a larger playground, as long as the cumulative number of play equipment features complies with Subparagraph 21.33.060(E)2.c.

iv.

Each playground shall incorporate shade trees or shade structures.

e.

Amenities such as barbecue areas, picnic tables, and adult supervision areas for playgrounds shall be well landscaped to provide a shaded environment for the users.

f.

Multi-family residential developments consisting of forty or more dwelling units shall provide either a community/recreation room or a day care center. The minimum size of such a facility shall be no less than twenty square feet for each dwelling unit in the development and shall be a minimum of one thousand two hundred square feet. If a day care center is provided, it shall be operated in accordance with state law governing day care services.

g.

The nature, design, and adequacy of all playgrounds and other recreation amenities shall be subject to planning commission approval as part of a development plan.

3.

Modifications. Modifications to open space requirements may be allowed through a site plan modification (Section 21.17.020). In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)).

F.

Other Amenities.

1.

Laundry Rooms. Multi-family developments with five or more dwelling units shall either provide washer and dryer hook-ups in each unit or provide a laundry room (or rooms) with one washer and one dryer for every eight dwelling units. Fractions shall be rounded to nearest whole number.

2.

Bus Shelters. A bus shelter shall be installed at each multi-family development with thirty-two or more dwelling units, unless exempted by the zoning administrator. Reasons for such exemptions may include the existence of sufficient bus shelters in close proximity to the subject development or unlikelihood of bus routes being extended to the subject development. The type and design of the bus shelter shall conform to standards adopted by the city council.

3.

Storage Rooms/Lockers. For each dwelling unit in a multi-family development, a separate, enclosed, lockable storage space at least two hundred fifty cubic feet in area shall be provided. Such storage space may be located:

a.

In a carport allocated to such unit (if a garage is provided to a dwelling unit, the storage requirement is deemed to be met); or

b.

Attached to such unit, but accessible only from the exterior; or

c.

Elsewhere in the development but not interior to any residential unit (such as in a storage building).

G.

Subdivisions to Create Detached Single-Family Units in Multi-Family Zoning Districts. For projects that meet the definition of a "small home lot development" pursuant to California Government Code Section 66499.40, where a conflict exists between this section and California Government Code Section 66499.40, California Government Code Section 66499.40 shall prevail.

H.

Refuse and Recycling Areas. In compliance with Chapter 21.51 (Refuse and Recycling Areas).

I.

Mechanical Equipment and Screening. In compliance with Chapter 21.47 (Mechanical Equipment and Screening).

J.

Prohibition on Vehicle Repair. Major repair of vehicles and equipment, whether or not owned by residents, shall be prohibited in parking lots, front and street side yards, and any required open space areas. Major repair includes major engine or transmission/differential overhaul and body work.

K.

Modifications for Garage Door Setbacks. Modifications to garage door setback requirements may be allowed through a development plan modification (Section 21.16.020) for projects on private streets. In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)), and where it can be demonstrated that such a modification will allow for:

1.

A minimum of twenty-four feet clear backup space for vehicles;

2.

A setback of no less than five feet; and

3.

Adequate space to open the garage door.

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

21.33.070 - Development standards in the multi-family residential/office professional (R-3-O) zoning districts.

A.

General Development Standards. See Section 21.33.050 (Development Standards in Multi-Family Residential Zoning Districts) and Section 21.33.060 (Additional Development Standards in Multi-Family Residential Zoning Districts)

B.

Uses Allowed. Uses permitted by right and subject to approval of a conditional use permit shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts) for the Office Professional (OP) zoning district.

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

21.33.080 - Additional regulations for properties adjacent to single-family residential (R-1) zoning districts.

A.

Standards for Multi-family Residential Adjacent to Single Family Residential Zoning Districts. See Section 21.50.090 (Transition to Adjacent R-1 Zoning District).

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

Chapter 21.34 - COMMERCIAL, INDUSTRIAL, AND AIRPORT ZONING DISTRICTS (OP, CP, C-1, C-2, C-3, RC, RL, M, PM, AP)

A.

Commercial, Industrial, and Airport Zoning Districts Purpose. The purposes of the commercial, industrial, and airport zoning districts are to:

1.

Provide opportunities for a variety of commercial and industrial business types that contribute to the diversity and stability of the city's economy.

2.

Encourage a diverse mix of goods, services, office, and research and development uses, including small and independent businesses, to enrich the lives of residents, employees, and visitors and increase employment opportunities.

3.

Promote commercial and industrial development that will enhance the identity and vitality of specific areas and corridors.

4.

On a case-by-case basis, allow for residential uses via the mixed-use overlay district to create walkable, complete neighborhoods.

B.

Office Professional Zoning District (OP) Purpose. The office professional zoning district is intended to provide opportunities for the establishment of professional and commercial offices, along with limited retail and services land uses, while preserving residential character and residential uses within existing neighborhoods. Innovative uses of existing structures shall be encouraged. All new activities and new construction/remodeling shall not detract from the existing character of the neighborhood, particularly with regards to design compatibility with buildings listed in the city's inventory of historic structures.

C.

Neighborhood Commercial Zoning District (CP) Purpose. The neighborhood commercial zoning district provides locations for convenience shopping and personal service businesses that cater to the surrounding neighborhood.

D.

General Retail Commercial Zoning District (C-1) Purpose. The general retail commercial zoning district is established to provide areas for a diversity of retail, service, and entertainment-related commercial businesses, either as standalone enterprises or clustered in shopping centers or districts. The range of uses are intended to be those that serve city-wide needs.

E.

Highway Commercial Zoning District (C-2) Purpose. The highway commercial zoning district is established to provide areas for vehicle-oriented and commercial service uses. The range of uses is intended to serve city-wide and regional

needs.

F.

Commercial/Light Industrial Zoning District (C-3) Purpose. The commercial/light industrial zoning district is established to provide areas for more intense commercial operations and light industrial uses, serving residents and providing opportunities for diverse and compatible light industrial and creative business enterprises.

G.

Regional Commercial Zoning District (RC) Purpose. The regional commercial zoning district is established to provide areas where diverse commercial enterprises can work together to meet retail shopping demands locally and regionally.

H.

Resort/Lodging Zoning District (RL) Purpose. The resort/lodging zoning district is established to provide areas for visitor-oriented lodging and recreation opportunities near tourism and visitor-oriented destinations.

I.

Industrial Zoning District (M) Purpose. The industrial zoning district is established to provide areas for general industrial uses, such as manufacturing and fabrication, industrial services, outside storage, vehicle repair, warehousing, and wholesale distribution.

J.

Planned Industrial Zoning District (PM) Purpose. The planned industrial zoning district is established to provide areas where innovation and flexibility in the design and function of industrial developments can be achieved.

K.

Airport Zoning District (AP) Purpose. The airport zoning district is established to accommodate properties on the Paso Robles Municipal Airport and within the airport land use plan adopted by the county airport land use commission. Development within the airport zoning district is subject to special review based on the provisions in the airport land use plan. Portions of the airport influence area covered by the airport land use plan are envisioned as the city's opportunity for future industrial development, particularly business parks and industry associated with the potential future expansion of the Paso Robles Municipal Airport. As a result of safety and noise constraints, residential land uses beyond entitlements granted prior to the effective date of these provisions are considered to be an incompatible land use.

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

Uses permitted by right and subject to approval of a conditional use permit shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts). Conditional use permits applications shall be processed pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

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

21.34.030 - Development standards.

A.

General Development Standards.

1.

Standards. New structures, and alterations to existing structures, shall be designed and constructed in compliance with the requirements in Table 21.34.030-1 (General Commercial, Industrial, and Airport Zoning Districts Development Standards).

2.

Process. Chapter 21.15 (Development Review) is required prior to building permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.

B.

Additional Regulations. In addition to other sections of the zoning code:

1.

Additional regulations for properties adjacent to residential zoning districts are included in Section 21.34.040;

2.

Exceptions and additional regulations are included in Sections 21.34.050 through 21.34.090 by zoning district;

3.

See also the development standards in Article 4 (Regulations and Standards Applicable to All Zoning Districts); and

4.

See also the adopted commercial and industrial design guidelines.

Table 21.34.030-1: General Commercial, Industrial, and Airport Zoning Districts Development Standards

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

21.34.040 - Additional regulations for properties adjacent to residential zoning districts.

A.

Setback Adjacent to Residential Zoning Districts.

1.

All Nonresidential Zoning Districts Except RL. Unless a larger setback is required by another provision of the zoning code, where a nonresidential property line abuts a residential zoning district, the abutting setback shall be:

Interior Side Setback: Five feet

Rear Setback: Ten feet

2.

RL Zoning District. See Subsection 21.34.080(C) (Additional Setback Requirements).

B.

Fence. A solid wall or fence not less than six feet in height shall be placed and maintained on interior lot lines abutting property in a residential zoning district.

C.

Landscape Buffer.

1.

A minimum five-foot-wide landscape buffer (clear of any wall footings) shall be provided adjacent to a residential zoning district. Evergreen screening trees shall be:

a.

Planted at a minimum interval of fifteen feet along interior property lines abutting the residential zoning district;

b.

Consist of species that attains a twenty-foot minimum height at maturity; and

c.

Minimum fifteen-gallon size at time of planting.

D.

Modifications. Modifications to the requirements in this section may be allowed through a development plan modification (Section 21.16.020). In approving such a request, the review authority shall consider impacts on the views, privacy, and other concerns of abutting property owners, and make the findings required for a development plan modification (Subsection 21.16.020(D)).

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

21.34.050 - Additional development standards and regulations in OP zoning district.

A.

Site Development Criteria. The site development criteria described below and in Table 21.34.030-1 (Commercial, Industrial, and Airport Zoning Districts Development Standards) shall be used in conjunction with the standards listed in this subsection and the design guidelines set forth in Paragraph 21.34.050(B)2.

1.

Maximum Density: Twelve units/acre.

2.

Maximum Lot Coverage: Seventy-five percent.

3.

Accessory Structures. The cumulative gross floor area of all detached accessory structures on a lot shall be limited to fifty percent of the floor area of the primary structure and shall be architecturally compatible with the primary structure.

B.

Development Review and Design Provisions.

1.

Site Plan Review Required. All new building construction, building additions, exterior remodel, and site improvements in the office professional zoning district shall be subject to site plan review (Chapter 21.17), unless a development plan is required by Subsection 21.16.010(B) (Projects Subject to Development Plan).

Design Considerations. The purpose of these design considerations is to ensure development that is compatible with the existing residential and historic neighborhood context that characterizes much of the office professional zoning district.

a.

Neighborhood Compatibility. The renovation of existing buildings, or the construction of new buildings, shall strive to be compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk, density and unit size; in identity and neighborhood character (historic, residential, or other); in building orientation and setback; and visual integrity.

b.

Historic Character Preservation. See Chapter 21.62 (Historic Preservation).

c.

Access and Circulation. Primary access to the site, along with parking and service areas, should be from a public alley wherever possible. Driveway access from the front of a parcel to parking in the rear is discouraged.

d.

Detached Accessory Structures. Accessory buildings shall be compatible in their function and architectural design to the main/primary building(s) on site, including such features as building style, materials, and roofline.

e.

Fencing and Screening. The use of fences and walls should be consistent with the overall design theme of on-site buildings.

C.

Residential Dwellings.

1.

Primary Use. New residential as a primary use shall comply with development standards of the R-3 multi-family residential zoning district (Sections 21.34.030 and 21.34.050) and Chapter 21.50 (Objective Design Standards for Mixed-Use and Multi-Family Development).

2.

Accessory Use. A limit of one new residential dwelling, accessory to existing office/office related uses, may be established subject to review by the development review committee (for exterior building or site design alterations), provided the new development is consistent with the development and design requirements of this chapter. Such dwelling may be either detached or part of the primary structure containing the office professional use.

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

21.34.060 - Additional development standards and regulations in CP and RC zoning districts.

A.

Setbacks.

1.

Front and Street Side Setback Requirements in CP and RC Zoning Districts.

a.

Arterial streets: Twenty-five feet.

b.

Collector and local streets:

i.

Where residential zoning districts face the subject streets either across the street from, or on the same side of the street adjacent to, the RC- or CP-zoned property, the setback shall be twenty-five feet.

ii.

Where commercial, industrial, public facility, or parks and open space zoning districts face the subject streets either across the street from, or on the same side of the street adjacent to, the RC- or CP-zoned property, the setback shall be ten feet; however, along freeway frontage streets, more than ten feet may be required as condition of approval of a development plan.

2.

Interior Side and Rear Setbacks. As part of the development review process (Chapter 21.15), the city may require provision of certain setbacks for buildings, structures, parking and loading spaces and back-up aisles, outside storage areas, outside display areas, trash enclosures, utility transformers, and similar facilities where necessary to provide a buffer between the proposed commercial uses and existing or future neighboring uses.

B.

Requirements for Shared Access, Parking and Other Facilities. To achieve the purposes of this chapter, development plans may be conditioned to provide for future shared motor vehicular, bicycle, and pedestrian access, parking and other facilities (such as drainage basins and utilities) between the subject development site and adjacent properties.

C.

Requirements for Compatible Site and Architectural Design. To achieve the purposes of this chapter, development plans may be conditioned to provide site and architectural design that is compatible with any existing high-quality development on adjacent properties.

D.

Nonconforming Buildings and Sites. For those properties on which buildings were constructed and/or sites completely or partially developed prior to July 1, 1992, where such construction and/or development does not conform to the development standards of this chapter, and which are the subject of development plan applications for new or expanded land uses, the planning commission may, in its review and evaluation of said development plan applications, take either of the following actions as necessary to achieve the purposes of this title and chapter and of the general plan:

Impose conditions of development plan approval to require that certain existing buildings and/or site improvements be reconstructed to meet present standards; and/or

2.

Authorize the continued use of existing buildings and/or site improvements in their nonconforming state.

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

21.34.070 - Additional development standards and regulations in C-2, C-3, and PM zoning districts.

A.

Front and Streetside Setbacks in C-2 and C-3 Zoning Districts. In the C-2 and C-3 zoning districts where the frontage in a block (on the same side of the street) is partially in a residential zoning district, a front setback of ten feet and a street side setback of five feet is required. Modifications to this standard may be allowed through a development plan modification (Section 21.16.020) In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)).

B.

PM Zoning District. In the PM zoning district, pavement in the front setback shall be limited to forty percent of the required front setback.

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

21.34.080 - Additional development standards and regulations in RL zoning district.

A.

Development Permit Requirements.

1.

All new buildings, major additions, and exterior alterations to existing buildings and structures in the RL district shall be subject to approval of a development plan (Chapter 21.16).

2.

In addition to compliance with Section 21.15.040 (Application Filing, Processing, and Review), development plans in the RL zoning district shall also show conceptual design of major improvements (such as buildings, parking, and drives) on any adjacent vacant or partially developed RL- or RC-zoned lots.

3.

Approval of plans for minor additions, exterior alterations, and sign copy changes may be delegated by the planning commission to the development review committee or to zoning administrator, subject to design guidelines adopted by the planning commission. Minor additions and exterior alterations shall be considered to be those that have minimal visual effect.

B.

Modification for Height. Modification to the height requirement (Table 21.34.030-1) may be allowed through a development plan modification (Section 21.16.020) to allow building heights up to seventy-five feet. In approving such

a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)).

C.

Additional Setback Requirements. When a parcel adjoins a residential zoning district, including residential zoning districts located in the unincorporated county, side and rear setbacks shall be increased to twenty-five feet along the property line(s) adjacent to the residential zoning district.

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

21.34.090 - Additional regulations in the AP zoning district.

A.

Conditional Uses in AP Zoning District. Uses allowed by right and subject to approval of a conditional use permit in the AP zoning district shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts). The use regulations listed in Chapter 21.32 are in addition to those prescribed by the airport land use plan (ALUP). When the use regulations are more restrictive in the ALUP, the provisions of the ALUP shall apply. Development of land within the AP zoning district shall be in conformance with the standards listed in the ALUP adopted pursuant to Public Utilities Code, Sections 21670 et seq.

B.

Development Plan Required. All new development in the AP zoning district shall be subject to approval of a development plan (Chapter 21.16).

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

Chapter 21.35 - PUBLIC FACILITIES, PARKS AND OPEN SPACE, OPEN SPACE, AND AGRICULTURAL ZONING DISTRICTS (PF, POS, OS, AG)

21.35.010 - Purpose and applicability.

A.

Public Facilities Zoning District (PF) Purpose. The public facilities zoning district is established to provide a district for facilities owned and operated by public agencies (city, county, state, and local districts, including public schools).

B.

Parks and Open Space Zoning District (POS) Purpose. The parks and open space zoning district is established to provide a district for public and private properties that are to be used for parks, open space, and recreational land uses.

C.

Open Space Zoning District (OS) Purpose. The open space zoning district provides a category for public and private properties that are to be used only for conservation of natural resources and passive open space activities such as hiking trails and equestrian trails.

D.

Agricultural Zoning District (AG) Purpose. The purpose of the agricultural zoning district is to allow and protect the operation of agricultural uses, maintain open space, and provide viable land uses in areas impacted by airport operations consistent with the land use element of the general plan.

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

Uses permitted by right and subject to approval of a conditional use permit shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts). Conditional use permit applications shall be processed pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

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

A.

General Development Standards.

1.

Standards. New structures and alterations to existing structures shall be designed and constructed in compliance with the requirements in Table 21.35.030-1 (General Development Standards for Public, Parks, Open Space, and Agricultural Zoning Districts).

2.

Process. Chapter 21.15 (Development Review) is required prior to building permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.

B.

Additional Regulations. In addition to other sections of the zoning code:

1.

Exceptions and additional regulations are included in Sections 21.35.040—21.35.070 by zoning district; and

2.

See also the development standards in Article 4 (Regulations and Standards Applicable to All Zoning Districts).

Table 21.35.030-1: General Development Standards for Public, Parks, Open Space, and Agricultural Zoning Districts

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

---

21.35.040 - Additional regulations for properties adjacent to residential zoning districts.

A.

Setback Adjacent to Residential Zoning Districts. Unless a larger setback is required by another provision of the zoning code, where a public facilities, parks and open space, open space, or agricultural zoning district property line abuts a residential zoning district, the abutting setback shall be:

1.

Interior Side Setback: Five feet.

2.

Rear Setback: Ten feet.

3.

Interior Side and Rear Setbacks for Buildings Taller than two Stories: Twenty feet.

B.

Modifications. Modifications to the setback requirement may be allowed through a development plan modification (Section 21.16.020). In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)).

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

21.35.050 - Additional development standards and regulations in PF zoning district.

A.

Creation of New Lots. New lots may be created via subdivision map, parcel map, or lot line adjustment to define the boundaries of public and private parks and recreational facilities and open space areas. New lots shall not be created with the intent of creating opportunities for single-family residential land use.

B.

Front and Streetside Setbacks in PF Zoning District. In the PF zoning district where the frontage in a block (on the same side of the street) is partially in a residential zoning district, a front setback of ten feet and a street side setback of five feet is required.

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

21.35.060 - Additional development standards and regulations in POS zoning district.

A.

Creation of New Lots. New lots may be created via subdivision map, parcel map, or lot line adjustment to define the boundaries of public and private parks and recreational facilities and open space areas. New lots shall not be created with the intent of creating opportunities for single-family residential land use.

B.

Permitted and Conditional Uses. Uses permitted by right and subject to approval of a conditional use permit in the POS zoning district shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts). As noted in Table 21.32-1 (Zoning District Use Regulations), the following conditions apply to development of single-family dwellings:

1.

One single-family dwelling shall be allowed on privately owned lots that are twenty acres or larger in area.

a.

Exceptions:

i.

One single-family dwelling per lot is allowed on existing lots that are one acre or larger that were annexed into the city after January 12, 1992;

ii.

On those lots created for open space purposes as part of a subdivision of land zoned for residential, commercial, or industrial use, no residential use shall be permitted.

2.

A conditional use permit shall be required for one single-family dwelling per lot on lots less than twenty acres in area, subject to meeting the lot size, width, depth, and grading standards of the R-1 zoning district, given the natural slope, and provided that oak trees, stream courses, and any other significant natural feature will not be adversely affected by development of a single-family dwelling.

a.

Exception: On those lots created for open space purposes as part of a subdivision of land zoned for residential, commercial, or industrial use, no residential use shall be permitted.

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

21.35.070 - Additional development standards and regulations in AG zoning district.

A.

Agricultural Buffers. Buffers consistent with Policy LU-2E and Action Item 4 of the general plan may be used as guidelines when considering establishment of a nonagricultural use adjacent to an existing AG-zoned parcel.

B.

View Shed Area—Highway 46 Corridor. Highway 46 is a main entrance into the city and therefore a sensitive view shed area whose appearance contributes to the perception of the city. All buildings, structures, and outdoor activities visible from the Highway 46 corridor shall be reviewed for consistency with general plan policies. Project review should consider landscaping, scale of development, signage, relationship to natural setting, circulation, and architecture for nonresidential buildings.

C.

Development Review. All permitted uses require either a development plan, site plan or plot plan approval as outlined in Chapter 21.15 (Development Review) of this title, except that any level of review specifically called for in this chapter, including no permit required, shall supersede the established thresholds as stated in Chapter 21.15 (Development Review). In addition, Subparagraph 21.17.010(B)3.a. (regarding all necessary infrastructure has been installed) shall not apply to development within the AG zoning district.

D.

Dedication of Public Rights-of-Way. All development projects subject to conditional use permit, development plan, or site plan approval shall offer to dedicate for public street purposes one-half of the planned street or as otherwise determined by the city engineer, consistent with the general plan.

E.

Street Improvements. All development projects within the AG zoning district shall install street improvements unless exempted by the review authority based on a recommendation from the city engineer.

F.

Water Wells.

1.

New wells established exclusively for agricultural uses within the AG zoning district are allowed in accordance with Title 14 of this code.

2.

New wells established exclusively for domestic uses within the AG zoning district are allowed in accordance with Title 14 of this code.

3.

Commercial uses within the AG zoning district shall not be permitted to establish water wells unless approved by the utilities department director or city council.

G.

Residential Development. All residential development and related activities shall comply with R-1 zoning district regulations listed in Chapter 21.33 (Residential Zoning Districts) unless otherwise stated in this chapter.

H.

Accessory Structures.

1.

All Accessory Structures. Development standards for accessory structures shall be the same as those listed in Section 21.35.030 (Development Standards) and Table 21.35.030-1 (General Development Standards for Public Facilities, Parks and Open Space, Open Space, and Agricultural Zoning Districts) of this chapter.

2.

Agricultural Accessory Structures. Agricultural accessory structures shall comply with Subsection 21.35.060(H)1. (All Accessory Structures). In addition, all agricultural accessory structures shall be set back a minimum of one hundred feet from any dwelling unit other than those on site, except for existing lots of three acres or less.

I.

Household Pets. All regulations for household pets in Title 8 of the Municipal Code shall apply, except that the maximum number of dogs shall be increased from three to six. Greater than six dogs constitutes a kennel, pet boarding use.

J.

Airport Compatibility. All development within the airport land use area shall comply with the adopted airport land use plan.

K.

Agricultural Preserves. All legal lots of record in the AG zoning district are eligible for agricultural preserve contracts under the Williamson Act (California Land Conservation Act of 1965).

L.

Grading for Agricultural Purposes. All earth-moving activities subject to a grading permit for terracing, roads, or other agricultural purposes, not associated with the construction of buildings or structures, requires plot plan approval.

M.

Access, Parking, and Frontage Requirements. All driveways, parking areas, access, and frontage improvements shall be reviewed by the city engineer and fire chief, who may approve exceptions to Chapter 21.48 (Parking and Loading Regulations).

N.

Sales of Agricultural Products—Temporary. Temporary retail sales of agricultural products, except hay, grain, and feed sales, in the AG zoning district requires temporary use permit (Chapter 21.20) approval subject to the following:

1.

At least fifty percent of all products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the county owned or leased by the owner of the site on which the stand is located. The sale of other than agricultural products is limited to handcrafted items, packaged food, and tobacco products, which shall not exceed ten percent of all annual product sales.

2.

Retail sales are conducted for a period not to exceed one hundred twenty days in a calendar year. A temporary stand vacated or unused for a period exceeding sixty days is to be entirely removed from the site.

3.

A minimum of three off-street parking spaces shall be provided.

O.

Crop Production and Processing. Crop production and processing shall be subject to the following:

1.

Setbacks: Two hundred feet from all property lines;

2.

Location: Four hundred feet from all dwelling units other than those on site;

3.

The application shall include a description of all processes and equipment proposed for use on the site, and a description of measures proposed to minimize the off-site effects of dust, odor, or noise generated by the proposed operation.

P.

Conditionally Permitted Uses—Specific Development Standards.

1.

Composting/Green Waste Recycling. Requires conditional use permit (Chapter 21.19) approval subject to the following:

a.

Minimum site area: Twenty acres;

b.

Setback: Minimum one thousand feet from any school or dwelling unit other than those on site and no closer than one mile from any residential zoning district;

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 of property located within one thousand five hundred feet of the exterior boundaries of the site.

2.

Livestock Auction/Sales. Requires conditional use permit (Chapter 21.19) approval subject to the following:

a.

Minimum site area: Twenty acres;

b.

Setback: Minimum one thousand feet from any school or dwelling unit other than those on site and no closer than one mile from any residential zoning district;

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 of property located within one thousand five hundred feet of the exterior boundaries of the site.

3.

Sales of Agricultural Products Year-Round. Retail sales of agricultural products year-round, except hay, grain, and feed, in the AG zoning district requires conditional use permit (Chapter 21.19) approval subject to the following:

a.

At least fifty percent of all products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the county owned or leased by the owner of the site on which the stand is located. The sale of other than agricultural products is limited to handcrafted items, packaged food, and tobacco products, which are not to exceed ten percent of all annual products sales.

b.

Minimum side and rear setbacks: no closer than one hundred feet to any dwelling unit other than those on site.

c.

A minimum of five off-street parking spaces shall be provided.

Q.

Right to Farm. For nonagricultural land uses occurring near agricultural uses, see Section 21.69.220 (Right to Farm) regarding a person's and/or entity's right to farm.

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

Chapter 21.36 - OVERLAY ZONING DISTRICTS (HOS, HP, MU, PD, L, SPD, SP)

21.36.010 - Purpose and applicability.

A.

Purpose. Overlay zoning districts are created for the purpose of providing tailored regulations for uses and operations in specific geographic area to implement the provisions of the general plan and to comply with various federal or state regulations. The regulations for an overlay zoning district are either in addition to those applicable to the underlying primary zoning district (Section 21.12.010) or establish restrictions.

B.

Applicability. The provisions of this chapter shall apply to all uses in the primary zoning district and shall be in addition to the regulations for the primary zoning district. Whenever conflicts exist between this chapter and other sections of

the Zoning Code, the most restrictive shall apply.

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

21.36.020 - Highway-oriented sign overlay.

A.

Purpose and Applicability. It is the intent of the Highway-Oriented Sign (HOS) overlay zoning district to regulate the height and design of pole signs oriented towards highways.

B.

Development Standards. See Subsection 21.52.080(H) (Highway-Oriented Signs).

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

21.36.030 - Historic preservation overlay.

A.

Purpose. It is the intent of the historic preservation (HP) overlay zoning district to encourage the preservation, restoration, and renovation of buildings and/or neighborhoods of architectural significance or interest, consistent with Chapter 21.62 (Historic Preservation).

B.

Applicability. The historic preservation overlay zoning district may be applied to any area containing one or more buildings of historic interest. In determining the boundary of the zoning district, the planning commission shall consider whether or not the buildings or building are historically significant or of interest, if they have sufficient educational value to warrant consideration for museum use, if they can be retained in their original or present use, if they are adaptive to re-use, and/or if they are adaptive to a new use without damage to those architectural elements that contribute to their significance and if preservation or restoration is economically feasible. In determining the boundary to be included in the historic preservation overlay zoning district, the planning commission shall consider the location of the buildings to be preserved, the original building site of the buildings, the present relationship between different buildings of significance or interest, the architectural continuity of the streets on which the buildings are located, the surrounding uses, the visibility of the buildings to the general public, and the encroachment of detrimental uses. In making such determination, the planning commission shall seek to balance the public benefit with any adverse effects to the economic value of adjacent development.

C.

Development Review. The planning commission shall adopt guidelines for the review of new buildings or structures in the historic preservation overlay zoning district. Such guidelines shall consider building spacing, lot coverage, yard limits, setbacks, density of use, bulk, height, materials textures, scale, orientation, the rhythm of the block face, and the general spirit of the area. Applications for any new building or structure in HP overlay zoning district shall be referred to the planning commission for architectural review. The planning commission shall review applications for new structures in the Historic preservation overlay zoning district, and may impose such restrictions or conditions as it deems necessary to comply with the intent of Chapter 21.62 (Historic Preservation).

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

A.

Purpose.

1.

The lodging (L) overlay zoning 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 for resort hotels, motels, bed and breakfast inns, and similar forms of visitor-serving lodging (along with related accessory/ancillary land uses).

2.

The city's adopted economic development strategy establishes the goal of developing the city into an "end destination" tourist attraction. Providing a lodging (L) overlay zoning district 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 L overlay zoning district can be established on any property, subject to approval of a zone change application.

3.

Considerations upon which to base approval or denial of an L overlay zoning district 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 L overlay zoning district 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.

B.

Uses Permitted—Approval Process. Unless approved by city council in conjunction with the adoption of the L overlay zoning district, once the city council has approved an L overlay zoning district for a specific property, through the development plan process (Section 21.16.010) the planning commission may approve, conditionally approve or deny an application for a permitted land use provided for under the L overlay zoning district provisions. The permitted land uses are:

1.

Resort and other hotels;

2.

Motels and motor hotels;

3.

Bed and breakfast inns;

4.

Similar land uses as determined by the planning commission.

C.

Accessory/Ancillary Land Uses. In conjunction with or subsequent to approval of a permitted land use, applicants may request planning commission approval for accessory/ancillary land uses. Accessory/ancillary land uses cannot be established independent of permitted (primary) land uses. All accessory/ancillary land uses are subject to approval, conditional approval, or denial of the planning commission, based on a finding of compatibility with both the permitted land use and the neighborhood setting:

1.

Spa and other recreation facilities;

2.

Restaurant facilities;

3.

Meeting or conference rooms;

4.

Retail sales operations related to the primary land use;

5.

Other visitor serving/complementary land uses determined by the planning commission to be consistent with the implementation of the city's economic development strategy.

D.

Conditionally Permitted Land Uses. The planning commission shall consider a conditional use permit application for the following uses in the L overlay zoning district:

1.

Caretaker dwelling units; and

2.

Other land uses or activities (including but not limited to outdoor recreation) involving lights, noise, or other characteristics that could have an impact on neighboring land uses.

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

A.

Purpose. The purpose of the mixed-use (MU) overlay zoning is to provide for locations appropriate for development of multi-family residential in nonresidential zoning districts, either in combination with commercial uses or as stand-alone residential development projects. The mixed-use overlay zoning district is intended to encourage a mix of land uses in areas appropriate for intensified, compact, infill development. It is also intended to create areas that have activity throughout the day, every day, and that provide a variety of goods, services, and jobs within walking distance of residences.

B.

Applicability. A property designated with a mixed-use overlay zoning district is not required to be developed with a mixed-use development; such property may be developed with any of the uses permitted or conditionally permitted in the underlying zoning district as well as uses permitted by Subsection 21.36.050(C).

C.

Allowed Uses. In addition to the uses allowed in the underlying base district per Table 21.32-1 (Zoning District Use Regulations), in the mixed-use overlay zoning district, the following uses are also allowed:

1.

Multi-Family Dwellings;

2.

Mixed-use developments combining allowed nonresidential uses (as provided in Chapter 21.32 [Land Use Regulations]) in the underlying zone with multi-family dwellings;

3.

Communal housing;

4.

Family day care home;

5.

Residential care—General, limited, and assisted living.

6.

Senior housing;

7.

Supportive housing; and

8.

Transitional housing.

D.

General Site Development Standards. New residential land uses shall be designed, constructed, and/or established in compliance with the requirements in Table 21.36.050-1 (Development Standards for Mixed-Use Overlay Zoning District).

---

Table 21.36.050-1: Development Standards for Mixed-Use Overlay Zoning District

---

E.

Setback Modification. Modifications to reduce the required setbacks to no less than five feet may be allowed through a development plan modification (Section 21.16.020). In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)) and all of the following findings:

1.

The reduction is necessary to preserve oak trees and/or minimize major grading; and

2.

The reduced setback would not be inconsistent with an established neighborhood pattern.

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

21.36.060 - Planned development overlay.

A.

Purpose. The purpose of the planned development (PD) overlay zoning district is to identify properties where a development plan is required, regardless of thresholds identified in Subsection 21.16.010(B) (Projects Subject to Development Plan).

B.

Development Plan Required. In combination with any base zoning district, development projects proposed within a planned development overlay zoning district require approval of a development plan (Chapter 21.16).

C.

Compliance with Standards. Development projects proposed within a planned development overlay zoning district shall comply with the standards of this title unless a modification is approved through a site plan modification (Section 21.17.020) or development plan modification (Section 21.16.020).

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

21.36.070 - Special planned development overlay.

A.

Purpose and Applicability. As specified in Section 21.11.010 (Purpose and Applicability).

B.

Review Authority and Additional Permit Requirements. As specified in Section 21.11.020 (Application Processing).

C.

Allowed Modifications to Standards. As specified in Section 21.11.050 (Allowed Modifications to Standards).

D.

Required Findings. As specified in Section 21.11.060 (Required Findings).

E.

Special Planned Developments Established. See Chapter 21.04 (Special Planned Developments Established).

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

21.36.080 - Specific plan overlay.

A.

Purpose and Applicability. As specified in Section 21.14.010 (Purpose and Applicability).

B.

Specific Plan Initiation and Project Review. As specified in Section 21.14.020 (Initiation of Specific Plans), Section 21.14.030 (Specific Plan Project Review), and Section 21.14.040 (Hearings, Recommendation, and Action).

C.

Required Findings. As specified in Section 21.14.050 (Required Findings).

D.

Specific Plans Established. See Chapter 21.05 (Specific Plans Established).

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

A.

Purpose. The office professional (OP) overlay zoning district is intended to retain and provide for residential uses as the primary use in accordance with the base residential zoning district (such as R-2 or R-3), but to act as a transitional zoning district that could accommodate mixed office and residential uses. Approval of a conditional use permit is required in order to establish professional or medical office uses (or other related commercial service or retail uses ancillary to office). A conditional use permit may be approved if neighborhood compatibility and preservation of residential character can be demonstrated.

Innovative uses of existing structures shall be encouraged. All new activities and new construction/remodeling shall not detract from the existing character of the neighborhood, particularly with regards to design compatibility with buildings listed in the city's inventory of historic structures.

B.

Allowed Uses. In addition to the uses allowed in the underlying base zoning district per Table 21.32-1 (Zoning District Use Regulations), in the office professional overlay zoning district the following uses are also allowed:

1.

Residential dwellings at densities permitted by the base residential zoning district; and

2.

All other uses permitted by the base residential zoning district.

C.

Uses Conditionally Permitted—Planning Commission Approval. Conditionally permitted uses in the office professional overlay zoning district are as follows:

1.

Medical services—Doctor office;

2.

Office—Professional/administrative;

3.

Cultural institutions;

4.

Bed and breakfast inns;

5.

Assembly facility—Religious;

6.

Accessory buildings that are compatible in design and function to primary structures; and

7.

Other uses as determined by the planning commission as being similar in class and nature to conditionally permitted uses listed in this section.

D.

Nonpermitted Uses. Nonpermitted uses in the office professional overlay zoning district are as follows:

1.

Medical services—Clinic, urgent care;

2.

Medical services—Hospitals;

3.

Government buildings and facilities; and

4.

Other uses not specifically provided for within this section.

E.

Conversion of Residential Structures. No structure originally designed as a residence, or as an accessory structure or addition to a residence, shall be used for any commercial or office uses unless the following criteria are met:

1.

Conditional Use Permit Required. Such office or commercial activity may be permitted only after first obtaining a conditional use permit. The establishment of an office professional or related use shall, at a minimum, be subject to the same site development criteria, performance standards, design parameters and other governing regulations of the office professional zoning district, but additional standards and/or controls may be applied through the conditional use permit process in order to maintain neighborhood compatibility.

2.

Additional Standards and Controls. Additional standards and controls applied through the conditional use permit process may include, but may not be limited to: increased landscaping and screening requirements of structures and parking areas from adjacent dwellings; increased limitations on hours of business operation; limitation on the number of employees associated with a given use; limitation on client schedules or specialized techniques for site maintenance and/or development.

3.

Site Development Upgrades. The building and site shall be improved to meet all code requirements for an office or commercial development. This includes such things as but not limited to building code requirements, fire code

requirements and site development code requirements. Such site development upgrades shall be subject to the development review process as part of the conditional use permit process required by this section.

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

ARTICLE 4. - REGULATIONS AND STANDARDS APPLICABLE TO ALL ZONING DISTRICTS Chapter 21.41 - RULES OF MEASUREMENT

This chapter provides general rules for measurement and calculation applicable to all zoning districts unless otherwise stated in this title.

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

Whenever this code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

A.

General Rounding. Fractions exceeding one-half or greater shall be rounded up to the nearest whole number and fractions less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.

B.

Fractional Density Rounding. See Subparagraph 21.41.080(A)2.c. (Calculating Fractional Density).

C.

Exception for State Affordable Housing Density Bonus. When calculating fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Chapter 21.61 (Density Bonus), any fractional number of units shall be rounded up to the next whole number.

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

21.41.030 - Measuring distances.

A.

Measurements Are Shortest Distance. Where a required distance is indicated, such as the minimum distance between a structure and a lot line, the measurement shall be made at the closest or shortest distance between the two objects, unless otherwise specifically stated.

B.

Distances Are Measured Horizontally. When determining distances for setbacks, all distances shall be measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances shall not be measured by following the topography or slope of the land unless otherwise specifically stated.

C.

Measurements Involving a Structure. Measurements involving a structure shall be made to the closest vertical support element of the structure. Structures or portions of structures that are underground shall not be included in measuring required distances unless otherwise specifically stated.

D.

Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

Figure 21.41.030-1: Measuring Distances

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

21.41.040 - Measuring height.

A.

Structures.

1.

General. Building height is measured from the average level of the highest and lowest points where the vertical plane of the exterior walls touches finished grade to the highest point on the roof.

Figure 21.41.040-1: Measuring Height

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2.

Allowed Projections/Modifications. The structures listed in Table 21.41.040-1 (Allowed Projections Above Height Limits) may exceed the maximum allowed building height for the zoning district in which they are located, subject to the limitations stated; and further provided, that no portion of a structure in excess of the building height limit may contain habitable areas. In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)) or site plan modification (Subsection 21.17.020(C)) as indicated in Table 21.41.040-1 (Allowed Projections Above Height Limits).

Table 21.41.040-1: Allowed Projections Above Height Limits

B.

Fences, Walls, and Hedges. Except as provided in Chapter 21.44 (Fences, Walls, and Hedges), the height of a fence or hedge shall be measured from the highest adjacent grade.

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

A.

Lot Width. Lot width is the measured distance between the side lot lines, measured at the front building setback line.

B.

Lot Depth. Lot depth is the measured distance along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where

there is no rear lot line.

Figure 21.41.050-1: Measuring Lot Width and Depth

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

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A.

Average Slope. One of the following methods for determining average slope shall be used:

1.

Basic Method. Where a line drawn between highest and lowest points on a parcel is adequate to represent direction and extent of slope for the entire parcel, the difference in elevation between the high and low points, divided by the horizontal distance between the points, shall determine the average slope.

2.

Sectional Method. Where the parcel contains distinct sections of differing slope, the average slope of each section may be determined according to either the basic method in Paragraph 21.41.060(A)1. of this section or the contour measurement method in Paragraph 21.41.060(A)3. of this section. The average slope of each section is then used in proportion of the section's area to the total area to determine the average slope of the entire parcel.

3.

Contour Measurement Method. Where precise measurement of the average slope is required due to varied slope conditions or complex topography, the following formula will be used:

Average slope (%) = 100(I)(L)/A Where:

I = Contour interval in feet. Contour intervals shall not exceed five feet.

L = Combined length of contour lines measured within the developable area.

A = Developable area of subject parcel (in square feet).

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

21.41.070 - Determining developable area.

The "developable area" of a lot is the area where development shall be allowed to occur. The following excluded areas shall be deducted from developable area:

A.

Any area of the lot with natural slopes of thirty-five percent or greater;

B.

Any area of the lot within the critical root zones of a compact grouping of ten or more mature oak trees ("mature" as defined in Chapter 10.01 of this Municipal Code), where critical root zones between trees in the grouping are separated by ten feet or less; and

C.

Any dedication necessary to provide for the full rights-of-way of arterial and/or collector streets, as designated by the circulation element of the general plan, adjacent to and/or within a proposed subdivision, parcel map or lot line adjustment, in accordance with adopted standards for city streets.

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

21.41.080 - Determining density.

A.

Residential Density Calculation.

1.

General Density Calculation.

a.

R-A, R-1, AG, and POS zoning districts.

i.

In the R-A, R-1, AG, and POS zoning districts, each single-unit dwelling (excluding accessory dwelling units [Chapter 21.58] and urban dwelling unit projects [Chapter 21.65]) counts as one density unit.

ii.

Site topography lot size limitations and resulting density limitations are outlined in Table 21.33.030-1 (Development Standards for R-A, R-1, and R-1 Combining Districts).

2.

Fractional Density.

a.

Purpose and Applicability. To encourage smaller units that are affordable by design, the city recognizes fractional density units. Fractional density units do not apply to adopted specific plan areas that are associated with development agreements unless specifically amended to allow fractional density.

b.

Density Units. Density units differ from dwelling units as a dwelling unit with less than one thousand square feet of habitable area is counted as less than one density unit. The following density unit values apply to all multi-family residential zoning districts (R-2 through R-5), Uptown/Town Centre Specific Plan districts, and in the mixed-use (mu) overlay zoning district.

i.

Studio and one-bedroom dwelling units six hundred square feet or less = 0.50 density unit.

ii.

Studio and one-bedroom dwelling units six hundred one to one thousand square feet = 0.66 density unit.

iii.

Two-bedroom and greater dwelling units and all dwelling units over one thousand square feet = 1.00 density unit.

iv.

All dwelling units approved prior to January 1, 2021 shall be counted as one density unit.

c.

Calculating Fractional Density.

i.

Fractions. Maximum residential development potential shall be the lot area (in whole and fractional acres), multiplied by the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth unit) shall be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to nine units that are less than six hundred square feet in size would be permitted; when a calculation results in a density of 4.75 units, up to ten units less than six hundred square feet in size would be permitted. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum residential development potential.

ii.

Order of Operations. The densities permitted by Paragraph 21.41.080(A)1. (General Density Calculation) of this section shall be modified based on site topography/slope, then density bonus (if requested by an applicant), prior to any fractional density calculation.

iii.

For all regulations other than maximum density, (such as parking requirements, minimum lot size, etc.), regulations shall be based on the number of units, not based on the number of fractional density units.

B.

Densities for Residential Care Facilities (General and Assisted Living). See Paragraph 21.69.200(B)1. (Density).

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

A.

Generally. The floor area of a building is the sum of the gross, habitable space of the horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or centerlines of party walls separating such buildings or portions thereof.

B.

Excluded from Floor Area: Nonresidential Uses. Net floor area, for the purposes of determining floor area and calculating parking requirements for nonresidential uses, is the sum of the gross horizontal areas of all floors, mezzanines, and lofts of the building, including all enclosed and conditioned areas except the following, which are excluded from floor area:

1.

Covered or enclosed stairways, stairwells, and elevator shafts;

2.

Mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's gross floor area;

3.

Areas that qualify as usable open space such as balconies and outdoor terraces;

4.

Areas normally used for drive-in customer service such as drive-in windows and as pump service areas; and

5.

Areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multilevel parking garage, and maneuvering aisles that are located below the finished grade of the property.

C.

Excluded from Floor Area: Residential. Net floor area for residential uses, for the purposes of determining the maximum allowable size of detached accessory structures, is the sum of the gross horizontal areas of all floors, mezzanines, and lofts of the building, including all enclosed and conditioned areas (including attached garages) except the following, which are excluded from floor area:

1.

Basements if the top of the finished floor above the basement is less than two feet above existing grade.

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

21.41.100 - Determining lot coverage.

A.

General. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches shall be summed to calculate lot coverage.

B.

Exemptions. Exempted from lot coverage computation are:

1.

Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways that are thirty inches or less in height, as measured from the adjacent existing grade;

Figure 21.41.100-1: Lot Coverage Exemption for Certain Decks

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2.

Eaves, roof overhangs, and awnings projecting up to three feet from a wall;

3.

Swimming pools and hot tubs that are not enclosed in roofed structures or decks over thirty inches in height;

4.

Up to eight hundred square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling unit shall be included in lot coverage.

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

21.41.110 - Determining parking requirement.

See Subsection 21.48.020(A) (Calculation of Required Parking Spaces).

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

21.41.120 - Determining setbacks.

A.

General.

Measurement. A setback line is parallel to and at the specified distance from the corresponding front, side, or rear property line.

2.

Unobstructed. Required setbacks shall be unobstructed from the ground to the sky except as allowed by Section 21.41.130 (Projections into Setbacks).

B.

Front and Street—Side Setbacks on Private Streets. On private streets, front setback line and street-side setback lines and minimum distance to garage doors are measured from the edge of pavement if no sidewalk exists.

C.

Rear Setbacks for Five-Sided Lots. The rear setback on five-sided lots may be measured from either property line that is not contiguous to the front property line.

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Figure 21.41.120-1: Rear Setback for Five-Sided Lots

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D.

Determination of Front Setback for Flag Lots. The front setback for flag lots shall be measured from that property line adjacent and perpendicular to the driveway/access strip, excluding the driveway/access strip.

Figure 21.41.120-2: Determination of Front Setback for Flag Lots

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

A.

Allowed Projections into Setbacks. Building projections may encroach into required setbacks according to the standards of Table 21.41.130-1 (Allowed Projections into Required Setbacks), subject to all applicable requirements of the building code.

Table 21.41.130-1: Allowed Projections into Setbacks

B.

Attached Accessory Structures in R-A and R-1 zoning districts. Attached accessory structures such as patio covers consistent with Subsection 21.42.030(D) (Attached Accessory Structures) are allowed to encroach into rear setbacks up to ten feet from the rear property line in R-A and R-1 zoning districts. Any eaves associated with attached accessory structures shall comply with allowed encroachments listed in Table 21.41.130-1 (Allowed Projections into Setbacks).

C.

Detached Accessory Structures. Detached accessory structures shall comply with setback requirements listed by zoning district in Article 3 (Zoning Districts, Allowable Uses, and Development Standards). Any eaves associated with detached accessory structures shall comply with allowed encroachments listed in Table 21.41.130-1 (Allowed Projections into Setbacks) and Subsection 21.41.130(E) (Stormwater Protection Setback).

D.

Mechanical Equipment at Grade. See Paragraph 21.47.020(B)3. (Setbacks).

E.

Stormwater Protection Setback. No projection listed in Table 21.41.130-1 (Allowed Projections into Setbacks) may extend closer than three feet from a property line or encroach into a public utility easement unless the projection does not slope toward the property line or easement boundary, or a gutter is provided. In that case, the projection may extend to one foot from the property line or to the easement boundary.

F.

Conflict with Building Code. Where any allowance of this title conflicts with applicable building codes, the more restrictive shall apply.

G.

Measurement. Projections are measured from the exterior wall of the building to the applicable property line unless otherwise noted.

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