Chapter 21.15 — DEVELOPMENT REVIEW — Paso Robles Zoning Code

21.15.030 - Development review authority summary.¶

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)]

	Plot Plan/ Zoning Administrator	Site Plan/ Development Review Committee	Development Plan/Planning Commission
RESIDENTIAL CONSTRUCTION ACTIVITIES
Residential New Construction
Single-family dwelling unit (on lots with or without slope)	Decision	—	Appeal
Single-family dwelling unit in PD zoning district or SPD overlay zoning district	Review	Recommend	Decision
Two-family dwellings	Decision	—	—
Ministerial plot plan review for accessory dwelling units (ADUs)	Decision	—	—
Multi-family (2—10 dwelling units)	Review	Decision	Appeal
Multi-family (11+ dwelling units)	Review	Recommend	Decision
Residential Additions, Alterations, and/or Accessory Structures
Single-family additions, exterior alterations, and/or accessory structures requiring a building permit	Decision	Appeal	Appeal
Multi-family additions, exterior alterations, and/or accessory structures that are not visible from public streets and vantage points and do not increase number of units but requiring a building permit	Decision	Appeal	Appeal
Multi-family additions, exterior alterations, and/or accessory structures that are visible from public streets and vantage points	Review	Decision	Appeal
Other Residential Construction or Improvements
Fences and walls (those requiring a building permit)	Decision	—	Appeal
Pools and spas	Decision	—	Appeal
NONRESIDENTIAL CONSTRUCTION ACTIVITIES
Nonresidential New Construction
Less than 10,000 sf	Review	Decision	Appeal
Less than 10,000 sf if all necessary infrastructure has not been installed	Review	Recommend	Decision
10,000 sf or greater	Review	Recommend	Decision
Accessory structures and/or exterior alterations not visible from public streets and other public vantage points	Decision	—	Appeal
Accessory structures and/or exterior alterations visible from public streets and other public vantage points	Review	Decision	Appeal
Nonresidential Additions
Minor additions (less than 1,000 sf not visible from the public right- of-way)	Decision	—	Appeal
Mid-size additions (less than 10% or 10,000 sf, whichever is greater)	Review	Decision	Appeal
Major additions (10% or more or 10,000 sf, whichever is greater)	Review	Recommend	Decision
Other Nonresidential Construction
Fences and walls (all) and screening for outside storage and display areas	Decision	—	Appeal
Landscaping	Decision	—	Appeal
Parking lots	Decision	—	Appeal

Installation of such items as automatic teller machines, replacement gasoline pumps, trash bin enclosures, electrical transformer boxes, and freestanding carport solar collectors (PV systems) within existing improved parking lots	Decision	—	Appeal
Ground-mount solar arrays under 10,000 sf in area (not subject to CEQA)	Review	Decision	Appeal
SIGNS AND SIGN PROGRAMS
Comprehensive sign programs	Review	Recommend	Decision
Sign permit	Review	Decision	Appeal
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 and/or other public vantage points	Decision	—	Appeal
OTHER REVIEW
Outdoor seating areas for restaurants	Decision	—	Appeal
Pregrading (20,000 square feet or less)	Review	Decision	Appeal
Pregrading (more than 20,000 square feet)	Review	Recommend	Decision
Special planned developments	Review	Recommend	Recommend
Master development plan	Review	Recommend	Decision
Subdivisions/Condominiums	Review	Recommend	Decision

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

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).

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:

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)

21.15.060 - Development review criteria.¶

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)

21.15.070 - Conditions of approval.¶

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).)

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)