Chapter 21.65 — URBAN DWELLING UNITS — Paso Robles Zoning Code

21.65.010 - Purpose. ¶

The purpose of this section is to allow and appropriately regulate urban dwelling units in accordance with California Government Code Section 65852.21.

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

21.65.020 - Definition. ¶

An "urban dwelling unit" means the definition listed in Section 21.91.220 ("U" Definitions).

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

21.65.030 - Application. ¶

A.

Only individual property owners may apply for an urban dwelling unit. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by California Revenue and Tax Code Section 402.1(a) (11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

B.

An application for an urban dwelling unit shall be submitted on the city's approved form and shall include information showing compliance with the applicable standards contained within this code.

C.

When determined necessary by the zoning administrator, the applicant shall obtain a certificate of compliance for the lot in conformance with the Subdivision Map Act.

D.

Only a complete application will be considered. The city shall inform the applicant in writing of any incompleteness within thirty days after the application is submitted.

E.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.

F.

Other sections of this code are applicable to the extent they:

1.

Are objective;

Avoid physically precluding a primary dwelling unit and urban dwelling unit least eight hundred square feet in floor area each; and

3.

Do not conflict with Chapter 21.65 (Urban Dwelling Units).

G.

In the event of a conflict, the provisions of Chapter 21.65 (Urban Dwelling Units) control.

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

21.65.040 - Approval.

A.

An application for an urban dwelling unit shall be approved or denied ministerially, by the zoning administrator, without discretionary review. Requirements for urban dwelling units may not be modified with an applications for site plan modifications (Section 21.17.020) or development plan modifications (Section 21.16.020).

B.

The ministerial approval of an urban dwelling unit shall not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C.

The approval shall require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D.

The approval shall require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

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

21.65.050 - Requirements. ¶

An urban dwelling unit project shall satisfy each of the following requirements:

A.

Map Act Compliance. The lot shall have been legally subdivided.

B.

Zoning District. Urban dwelling units are allowed in the R-1 zoning district.

C.

Lot Location.

The lot shall not be located on a site that is any of the following described by any of the subparagraphs of California Government Code Section 65913.4(a)(6)(B)—(K), as may be amended from time to time:

a.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

c.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d.

A hazardous waste site that has not been cleared for residential use.

e.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f.

Within a one-hundred-year flood hazard area, unless the site either:

i.

Has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program and Chapter 21.80 (Floodplain Management) of this code.

g.

Within a regulatory floodway, unless all development on the site has received a no-rise certification and is in compliance with city's floodplain ordinance (Chapter 21.80).

h.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i.

Habitat for protected species.

Land under conservation easement.

D.

Not Historic. The parcel shall not contain a structure listed on the city's historic resources inventory, be a historic property, or be within a historic district that is included on the state historic resources inventory. Nor may the parcel be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

E.

No Impact on Protected Housing. The urban dwelling unit project shall not require or include the demolition or alteration of any of the following types of housing:

1.

Housing that is income-restricted for households of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

3.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code Sections 7060—7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

4.

Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban dwelling unit is sought shall provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F.

Unit Standards.

1.

Quantity.

a.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split (Chapter 22.34). For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, an ADU, or a JADU.

b.

A lot that is not created by an urban lot split may have a primary dwelling unit, urban dwelling unit, plus any ADU or JADU that is allowed under state law and Chapter 21.58 (Accessory Dwelling Units).

Unit Size.

a.

The total floor area of an urban dwelling unit that is developed under this chapter shall be a minimum of eight hundred square feet of conditioned living space.

b.

No application of a development standard shall physically preclude the construction of up to two eight-hundredsquare foot units on the lot. When necessary, development standards shall be modified by the zoning administrator in the following order and only as necessary to enable the construction of two eight-hundred-square-foot units:

i.

Maximum lot coverage (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);

ii.

Structure separation (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);

iii.

Open space;

iv.

Height;

Rear and side setbacks;

vi.

Front setback;

vii.

Oak tree preservation (Chapter 10.01).

3.

Height and Setback Restrictions.

a.

Existing structures. No setback is required for an existing legally established structure that is converted into an urban dwelling unit or for a new urban dwelling unit that is constructed in the same location and to the same dimensions as an existing legally established structure.

b.

Urban dwelling units shall conform to the front setback for a primary dwelling unit in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]).

Urban dwelling units shall be limited to the side and rear setback and height combinations listed in Table 21.65.050-1 (Allowed Urban Dwelling Unit Height/Setback Combinations).

Table 21.65.050-1: Allowed Urban Dwelling Unit Side and Rear Setback/Height Combinations

Minimum Side and Rear Setbacks	Maximum Height
No less than 4 feet	16 feet and one story
No less than the setback requirements for a primary residence in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts])	The maximum height allowed for a primary residence in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts])

d.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a urban dwelling unit.

4.

Demolition Cap. The urban dwelling unit project may not involve the demolition of more than twenty-five percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

5.

Open Space. All lots shall provide a usable, unobstructed natural or manufactured (graded) area ten feet in depth for each dwelling unit. "Usable" means that the slope is not more than five percent. Where a residential building is designed to be built into existing natural slopes, this requirement may be met by providing either a five-foot-wide usable manufactured area no less than the full width of a dwelling unit, or a deck a minimum of ten feet in depth and no less than the full width of a dwelling unit.

6.

Parking. Each new primary dwelling unit or urban dwelling unit shall have at least one covered, off-street parking space per unit unless a parking space shall not be imposed by the city pursuant to California Government Code Section 66314(d)(10).

7.

Architecture.

a.

If there is a legal primary dwelling on the lot that was established before the urban dwelling unit, the urban dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

b.

If there is no legal primary dwelling on the lot before the urban dwelling unit, the primary dwelling unit and urban dwelling unit shall match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

The urban dwelling unit and any primary dwelling unit built at the same time as the urban dwelling unit shall use at least five of the following architectural features on all front and any street side elevations and at least three of the following architectural features on all interior side and rear yard elevations, as appropriate for the building type and style:

Dormers;

ii.

Gables;

iii.

Recessed entries;

iv.

Covered porch entries;

Cupolas or towers;

vi.

Pillars or posts;

vii.

Eaves (minimum six-inch projection);

viii.

Off-sets in building face or roof (minimum sixteen inches);

ix.

Window trim;

Bay or oriel windows;

xi.

Balconies;

xii.

Decorative patterns on exterior finishes (for instance, scales/shingles, wainscoting, ornamentation, and similar features); and

xiii.

Decorative cornices and roof lines.

d.

All exterior lighting shall be limited to down-lights that are shielded so that the light source is not visible from off-site. Shielding shall be at least two inches in dimension.

e.

No window or glass door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential window within ten feet. Fencing, landscaping, or privacy glass (such as frosted glass) may be used to provide screening and prevent a direct line of sight.

8.

Nonconforming Conditions. An urban dwelling unit may only be approved if all nonconforming zoning conditions are corrected.

9.

Frontage Improvements. Frontage improvements for an urban dwelling unit shall be required to the extent applicable and consistent with state law and in conformance with Section 11.12.030 (Required Frontage Improvements—Curb, Gutter, Sidewalk, Curb Ramps, Driveway Aprons, Street and Alley Paving). Frontage improvements shall be constructed, prior to final occupancy of the first dwelling unit (primary or urban dwelling unit) constructed after application for an urban dwelling unit.

10.

Utilities.

a.

Each primary dwelling unit and urban dwelling unit on the lot shall have its own direct utility connection to each utility service provider.

b.

Urban dwelling units shall be served by the city sewer system when reasonably available as specified in Section 14.08.270 (Permit for Septic System). For urban dwelling units where the sewer is not available, a private wastewater system shall meet the requirements of Article III (Private Wastewater Systems) of Chapter 14.08 (Sewerage System Operations) and the onsite wastewater treatment system (OWTS) Policy of the California Regional Water Quality Control Board. A percolation test shall be completed within the last five years or, if the percolation test has been recertified by a licensed civil engineer, within the last ten years.

c.

Urban dwelling units shall be served by city water.

d.

Building and Safety. All structures built on the lot shall comply with all current local building standards. A project under this chapter is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

11.

Slope. Urban dwelling units are subject to the objective standards for hillside development (Chapter 21.81).

G.

Fire-Hazard Mitigation Measures.

1.

All dwellings on the site must comply with current building and fire code requirements for dwellings in a very high fire hazard severity zone.

Contact information for the project manager (for construction-related complaints),

e.

Contact information for the property owner, and

f.

Contact information for the community development department.

2.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the city has no discretion in approving or denying a particular project under this chapter. This notice requirement is purely to promote neighborhood awareness and expectation.

K.

Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:

1.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.

2.

Expressly prohibits any nonresidential use of the lot.

3.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4.

If the lot is not created by an urban lot split (Chapter 22.34): expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

States that:

a.

If the lot is formed by an urban lot split it is subject to the city's urban lot split (Chapter 22.34) regulations, including all applicable limits on dwelling size and development standards.

b.

Development on the lot is limited to development of a primary dwelling unit (Sections 21.33.030 [Development Standards in Single-Family Residential Zoning Districts and 21.33.040 [Additional Development Standards in SingleFamily Residential Zoning Districts), urban dwelling unit (Chapter 21.65), and accessory dwelling units (Chapter 21.58) except as otherwise provided or required by state law.

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

21.65.060 - Specific adverse impacts. ¶

A.

Notwithstanding anything else in this section, the city may deny an application for an urban dwelling unit if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B.

"Specific adverse impact" has the same meaning as in California Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:

1.

Inconsistency with the zoning code or general plan land use designation; or

2.

The eligibility to claim a welfare exemption under California Revenue and Taxation Code Section 214(g).

C.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

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

21.65.070 - Remedies. ¶

If an urban dwelling unit violates any part of this code or any other legal requirement:

A.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

B.

The city may:

1.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

2.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

3.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars, or both; or a misdemeanor.

4.

Record a notice of violation.

5.

Withhold any or all future permits and approvals.

6.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or this code.

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

Chapter 21.66 - WIRELESS COMMUNICATIONS FACILITIES

21.66.010 - Purpose and applicability. ¶

A.

Intent and Purpose. The purpose of this chapter is to regulate the installation, operation and maintenance of wireless communications facilities in the city while providing placement, design, and screening criteria to protect the public health, safety, general welfare, and quality of life in the city consistent with applicable federal and state requirements. Additionally, the standards in this chapter make wireless communications reasonably available while preserving the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communications facilities with their surroundings.

B.

Applicability and Exemptions. The requirements of this section apply to all wireless communications facilities, except as exempted. The following are exempt from the provisions of this chapter:

1.

Amateur Radio Antenna. Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the Federal Communications Commission that does not exceed a height of fifteen feet above the

maximum allowable building height of the zoning district in which it is located. For the purpose of this section, amateur radio means the licensed non-commercial, non-professional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

2.

Government Antenna. Any antenna, dish, or similar equipment owned and/or operated by any government entity.

3.

Radio or Television Antenna. Any ground- or building-mounted antenna that receives radio or television signals for use only by owners or occupants of the property or development on which the antenna is located that does not exceed a height of ten feet above the maximum allowable building height for the zoning district in which the antenna is located.

4.

Satellite Dish Antenna. Ground- or building-mounted dish antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.

5.

Temporary Facility. Placement of a temporary wireless communications facility for a period of not more than thirty days following federal, state or city declaration of an emergency or disaster or as part of a city permitted or sponsored special event.

6.

Wi-Fi Routers. Any wireless facilities located within a structure and intended to provide wireless service only within the same structure, including Wi-Fi hotspots and access points.

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

21.66.020 - Definitions.

For the purposes of this chapter, the following terms and phrases have the meaning ascribed to them in this chapter.

A.

"Co-location" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of a new wireless communications facility on an eligible support structure that is existing at the time a complete application for the new wireless communications facility is received by the city pursuant to Section 21.66.030 (Permit Requirements). As an illustration and not a limitation, the Federal Communications Commission's definition effectively means "to add" and does not necessarily refer to more than one wireless communications facility installed at a single site.

B.

"Existing wireless communications facility" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed wireless communications facility that has been reviewed and approved under the applicable zoning and permitting process or is legal nonconforming pursuant to Section 21.74.020 (Establishment of Legal Nonconforming Status).

C.

"Freestanding wireless communications facility" means a freestanding antenna support structure erected to support wireless communication facilities, associated equipment cabinets, and connecting appurtenances. This includes guyed towers, self-supporting lattice towers, monopoles, camouflage structures, replacement utility poles, and other self-supporting poles and towers accommodating wireless communication antennas.

D.

"Modification, major" and "modification, minor" mean an alteration proposed or made to an existing wireless communication facility and shall not have the same meaning as a site plan modification (Section 21.17.020) or development plan modification (Section 21.16.020).

E.

"Public right-of-way" means a public alley or street.

F.

"Wireless communications facility" means a facility that transmits and/or receives electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles, distributed antenna systems, wireless utility monitoring and control services, support or accessory structures and related equipment. Amateur radio operators are not included in this definition.

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

21.66.030 - Permit requirements.

Permitting Process.

When exceptions to the design and development standards in this chapter are requested, the applicant has demonstrated the exception is justified due to a significant gap in service that cannot be remedied with a compliant wireless communications facility;

d.

The wireless communications facility is sufficiently distant from residential uses to protect public health, prevent nuisance, and to be consistent with the character of the neighborhood;

The wireless communications facility is compatible with the nature of uses on adjacent and nearby properties;

f.

The surrounding topography and landscaping will assist in the screening of the wireless communications facility and will not contribute to its visibility off site;

g.

The stealth design and screening are of high quality and are compatible with the surrounding neighborhood, offsite views, other nearby structures;

h.

The wireless communication facility will not have a significantly negative impact on public views and the visual quality of the surrounding areas;

i.

There are no facilities or buildings reasonably available for collocation;

j.

The wireless communications facility will not have a significantly negative impact to the future use and aesthetics of the public right-of-way and streetscape character; and

k.

The wireless communications facility will not have a significantly negative impact to historic structures, historic districts, parks, and the downtown historic core.

2.

In the event that the review authority cannot make findings that the proposed application meets all development standards set forth in this chapter, the review authority may still approve the application if the following can be documented:

a.

The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage.

b.

The applicant has demonstrated by clear and convincing evidence that no feasible alternative site exists that would close a significant gap in the operator's service coverage and that the alternative site under consideration would not result in any adverse impacts to public health, safety, and general welfare.

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

21.66.040 - Development and design standards.

A.

Compliance. All new wireless communications facilities and significant alterations to an existing wireless communications facility shall comply with the applicable development and design standards in this section except

when there is a significant gap in service.

B.

Standards for All Wireless Communications Facilities.

1.

Wireless communications facilities shall be integrated into existing or proposed facilities that are functional for other purposes. The review authority shall have the authority to determine, based on evidence presented, that such integration is neither practical nor feasible based on the size of the proposed wireless communications facility, the area of coverage to be achieved by the wireless communications facility, or other factors supported by evidence.

2.

Wireless communications facilities shall incorporate stealth design to minimize aesthetic impacts on surrounding land uses. Stealth design means that the wireless communications facility is designed to closely blend into the surrounding environment or building and to be minimally visible. Stealth designed antennas and related equipment are either not readily visible beyond the property on which it is located, or, if visible, appear to be part of the existing building, landscape, or environment rather than the wireless communications facility.

3.

Wireless communications facilities and any methods to screen wireless communications facilities that are located on the sides or roof of a building shall be match the color of the building and be compatible with the architecture of the building.

4.

Accessory equipment shall be co-located within an existing equipment enclosure or undergrounded to the extent technologically feasible. If co-location or undergrounding are not feasible, the equipment shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping, and similar treatments.

5.

Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other crosssectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless communications facility and future co-location of additional wireless communications facilities.

6.

No wireless communications facility or any portion thereof shall be located within a required setback area unless such location is indicated on the application and requested as part of the application and is approved by the review authority based on information presented to the review authority.

7.

Wireless communications facilities shall adhere to the height limitations for a structure in the zoning district in which they are located.

Wireless communications facilities shall comply with the city's noise ordinance. The city may request that an applicant provide an acoustical analysis to prove compliance. Wireless communications facilities operating in excess of the maximum sound levels permitted by the noise ordinance shall be enclosed to achieve compliance with the noise ordinance. Backup generators or similar equipment that operates only during power outages or other emergencies are exempt from this requirement. Testing of such backup generators or similar equipment may only occur during standard daytime hours.

9.

No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions and/or electromagnetic radiation in excess of Federal Communications

Commission standards and any other applicable regulations. All wireless communications facilities shall comply with all standards and regulations of the Federal Communications Commission, and any other agency of the state or federal government agency with the authority to regulate wireless communications facilities.

C.

Standards for Freestanding Wireless Communications Facilities. In addition to the standards in Subsection 21.66.040(B) (Standards for All Wireless Communications Facilities), the following are required for freestanding wireless communications facilities:

1.

An applicant for a freestanding wireless communications facility shall demonstrate as part of the application that a proposed wireless communications facility cannot be placed on an existing building, utility pole, streetlight, or colocated.

2.

Freestanding wireless communications facilities shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening to minimize aesthetic impacts on surrounding land uses.

3.

Freestanding wireless communications facilities shall be designed to allow for co-location of additional antennas.

4.

Freestanding wireless communications facilities shall not utilize guy wires or other diagonal or horizontal support structures.

5.

Exterior lighting of freestanding wireless communications facilities is prohibited unless required by the Federal Aviation Administration (FAA) or other government agency.

D.

Standards for Wireless Communications Facilities in the Public Right-of-Way. In addition to the standards in Subsection 21.66.040(B) (Standards for All Wireless Communications Facilities), the following are required for wireless communications facilities in the public right-of-way:

No administrative use permit shall be issued unless the applicant is authorized to place wireless communications facilities within the public right-of-way by franchise, certificate of convenience and necessity, city license, or otherwise. Any city license may be granted in the city's sole discretion as property owner, and not as land use regulator.

2.

Wireless communications facilities shall have subdued colors and non-reflective materials that blend in with the surrounding area to the satisfaction of the zoning administrator.

3.

The height of any new wireless communications facility pole or structure shall not exceed ten vertical feet more than the maximum height allowed in the nearest adjacent zoning district.

4.

In residential areas, wireless communications facilities shall not be located within three hundred feet of another wireless telecommunications facility; this does not include co-location of sites.

5.

All wireless communications facilities and equipment shall be built in compliance with the Americans with Disabilities Act (ADA) and traffic safety standards, including but not limited to surface access in and around facilities.

6.

Utility and Light Poles.

a.

Antennas in the public right-of-way shall be co-located or installed on existing utility or light poles, except when impractical or technologically infeasible. No new poles may be installed except as replacements for existing poles, or when the applicant provides evidence as part of the application showing why and how complying with the foregoing standard would be impractical or technologically infeasible.

b.

If a city streetlight or other city-owned structure is used, compensation shall be paid to the city as the owner in compliance with applicable agreements and/or fee schedules.

c.

All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95.

d.

The maximum height of any antenna or antenna radome shall not exceed six feet above the height of an existing light pole.

e.

Revocation for Non-Use. Wireless communications facility permits shall be revoked if not used within one hundred eighty days from the date of approval. The one-hundred-eighty-day period may be extended for additional time upon written request to and written approval of the zoning administrator.

Equipment Location.

a.

Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians and/or motorists as determined by the city engineer.

b.

Ground-mounted equipment shall be undergrounded to the extent technologically feasible. Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, either within the equipment contained in the pole or through the use of landscaping, walls, or other decorative features, to the satisfaction of the zoning administrator.

c.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the zoning administrator or his/her designee.

d.

The wireless communications facility shall not interfere with the use of the public right-of-way and existing subterranean infrastructure and shall not interfere with the city's plans for alteration of such location and infrastructure.

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

21.66.050 - Operation and maintenance. ¶

All wireless communications facilities shall comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within forty-eight hours after discovery or notification of the need.

A.

Each permittee of a wireless communications facility shall provide the city with the name, address and twenty-fourhour local or toll-free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven days of any change.

B.

All wireless communications facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1.

General dirt and grease;

Chipped, faded, peeling, and cracked paint;

3.

Rust and corrosion;

4.

Cracks, dents, and discoloration;

5.

Missing, discolored or damaged artificial foliage or other camouflage;

6.

Graffiti, bills, stickers, advertisements, litter, and debris;

7.

Broken and misshapen structural parts; and

8.

Any damage from any cause.

C.

Graffiti shall be removed from a wireless communications facility as soon as practicable, and in no instance more than twenty-four hours from the time of notification by the city.

D.

All trees, foliage or other landscaping elements approved as part of the wireless communications facility shall be maintained in good condition at all times, and the permittee, owner, and operator of the wireless communications facility shall be responsible for replacing any damaged, dead, or decayed landscaping.

E.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

F.

Each facility shall be operated and maintained to comply at all times with the noise standards of this code and any wireless communications facility conditions of approval, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents.

G.

Each owner or operator of a wireless communications facility shall routinely inspect each site to ensure compliance with the standards set forth in this chapter and any conditions of approval.

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

21.66.060 - City changes to the public right-of-way. ¶

A.

The permittee shall modify, remove, or relocate its wireless communications facility, or portion thereof, without cost or expense to the city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said alteration, removal, or relocation of a wireless communications facility shall be completed within a reasonable relocation time frame as determined by the zoning administrator. In the event a wireless communications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the city may modify, remove, or relocate wireless communications facilities without prior notice to applicant provided applicant is notified within a reasonable time period thereafter.

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

21.66.070 - Satellite dish antennae. ¶

Satellite dish antennae with diameters of twenty-four inches or less shall not be installed within a required front yard or within five feet of any side or rear property line. Satellite dish antennae with diameters greater than twenty-four inches shall comply with the following regulations:

A.

They shall only be mounted on the ground and shall not be mounted on the roof of any building or structure;

B.

They shall not be located in any required front yard or within five feet of a side or rear property line;

C.

They shall not exceed fifteen feet in height, including any platform or structure upon which they are mounted;

D.

They shall not extend beyond the property lines of the lot on which they are placed;

E.

They shall not be unnecessarily bright, shiny, or reflective; and

F.

The visual impact from adjacent properties and streets shall be minimized via screening by fences, landscaping, buildings, or topography.

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

21.66.080 - Abandonment or discontinuation of use. ¶

A.

Within thirty days of discontinuation of use, the wireless communications facility operator shall notify the zoning administrator in writing that use of the wireless communications facility has been discontinued. A wireless

communications facility shall be completely removed, and the site returned to its pre-wireless-communications-facility condition within one hundred eighty days of discontinuation of use.

B.

Non-operation, disuse (including, but not limited to, cessation of wireless services) or disrepair for one hundred eighty days or more shall constitute abandonment under this chapter or any predecessors to this chapter.

C.

A wireless communications facility that is not removed with one hundred eighty days of abandonment or discontinued use will be considered a nuisance and, in addition to any other available remedy, will be subject to abatement under Chapter 9.06 (Nuisance Abatement).

D.

The city may require a performance bond or other sufficient security in an amount rationally related to the cost of removing the wireless communications facility and all related facilities and equipment on the site, as determined by the zoning administrator. However, the city may not require the owner or operator to post a cash deposit or establish a cash escrow account as security under this paragraph. In setting the amount of the bond or security, the zoning administrator shall take into consideration the estimate of removal costs.

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

21.66.090 - Revocation for violation. ¶

Any permit granted in accordance with the terms of this chapter for a wireless communications facility may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.

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

21.66.100 - Removal and restoration. ¶

A.

Upon termination or revocation of the permit or abandonment of the wireless communications facility, the permittee, owner, or operator shall remove its wireless communications facility and restore the site to its natural condition, except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property at no cost or expense to the city. If the wireless communications facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B.

Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within thirty days after termination or revocation of the permit or abandonment of the facility, shall be a violation of this code, and be grounds for:

1.

Prosecution

2.

Calling of any bond or other assurance required by this chapter or conditions of approval of permit.

3.

Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner's expense; and/or

4.

Any other remedies permitted under this code.

C.

Summary Removal. In the event the city engineer determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition obstruction of the public right-of-way, or an imminent threat to public safety, or determines other circumstances require immediate corrective action, the city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within sixty days, the facility shall be treated as abandoned property.

D.

Removal of Facilities by the City. In the event the city removes a wireless communications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the city.

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

21.66.110 - Use of outside consultants. ¶

From time to time, the city may need the services of a qualified outside consultant to serve as third-party reviewer or supplement staff to review and make appropriate recommendations including, but not limited to, compliance with radio frequency emissions standards and/or identification of alternative solutions where there is a possibility that a proposed facility could result in a significant impact to the surrounding area. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees associated with the project and shall be contracted for and administered by the city.

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

21.66.120 - State or federal preemption. ¶

Notwithstanding any other provision of this chapter to the contrary, if any provision(s) of this chapter would give rise to a claim by an applicant that a proposed action by the city would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC 332(c)(7), or otherwise are preempted or

prohibited by state or federal law, evidence of such effect may be grounds for a variance from the requirements of this chapter or an appeal of any decision denying an application for a wireless communications facility.

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

ARTICLE 6. - STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES Chapter 21.69 - STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES

21.69.010 - Purpose and applicability. ¶

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

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

21.69.020 - Accessory dwelling units. ¶

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

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

21.69.030 - Adult business uses. ¶

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

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

21.69.040 - Animal keeping, accessory to residential use. ¶

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

A.

Bee Keeping in Single-Family Residential Zoning Districts.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

Orientation. Hive entrances shall face away from lot lines.

8.

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

9.

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

B.

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

1.

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

2.

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

3.

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

4.

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

dwelling on an adjacent lot.

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

C.

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

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

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

21.69.050 - Animal keeping, commercial. ¶

A.

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

B.

Maintenance and Operational Standards. In addition to the general performance standards for all uses in Chapter 21.85 (Performance Standards—General) of this title, the following shall apply to commercial animal keeping:

1.

Odor and Vector Control. All animal enclosures, including but not limited to pens, coops, cages, and feed areas shall be maintained free from litter, garbage, and the accumulation of manure so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Sites shall be maintained in a neat and sanitary manner and shall not create a nuisance.

2.

Erosion and Sedimentation Control. In no case shall an animal-keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement as set forth in Title 9 (Public Safety), Chapter 9.06 (Nuisance Abatement) of the Paso Robles Municipal Code.

C.

Standards for Low-Density Commercial Animal Keeping. Commercial animal keeping is a permitted use as allowed by Chapter 21.32 (Land Use Regulations in Zoning Districts) when it occurs at the minimum lot size, minimum setbacks, and maximum density listed in Table 21.69.050-1 (Low-Density Commercial Animal Keeping Standards).

Table 21.69.050-1: Low-Density Commercial Animal Keeping Standards

Type of Animal	Minimum Lot Size	Minimum Setbacks1	Maximum Density2
Bees	0.5 acre	50 feet	12 hives
Birds (domestic or exotic other than poultry)3	0.5 acre	50 feet	20 birds
Poultry	0.5 acre	50 feet	20 poultry
Rabbits	0.5 acre	50 feet	20 rabbits
Sheep and goats (and other animals of similar size at maturity)	1 acre	100 feet	6 animals/acre
Horses (excluding equestrian facilities, which are defned separately)	1 acre	100 feet	4 horses/acre up to 30 animals
Cattle	1 acre	100 feet	3 cattle/acre
---	---	---	---
Pigs	1 acre	100 feet	4 pigs (one of which may be a male)
Worm farm	-	50 feet	-

Notes:

As measured from all animal enclosures and pasture areas to existing residential uses (e.g. dwellings, swimming pools, patios, or other living areas) on adjoining lots.

2 ;hg;Density limitations shall not apply to unweaned offspring.

3 ;hg;Applicants should be advised that the keeping of imported birds may also require approval by the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or California Department of Food and Agriculture.

D.

High-Density Commercial Animal Keeping.

1.

Standards for High-Density Commercial Animal Keeping. Commercial animal keeping that does not meet the lot size, setback, or maximum density standards of Table 21.69.050-1 (Low-Density Commercial Animal Keeping Standards) is allowed where listed in Chapter 21.32 (Land Use Regulations in Zoning Districts), but is subject to approval of a use permit (see Chapter 21.19 [Conditional Use Permits and Administrative Use Permits]), additional standards specified in Table 21.69.050-2 (High-Density Commercial Animal Keeping Standards), and as required by the review authority.

Table 21.69.050-2: High-Density Commercial Animal Keeping Standards

Type of Animal1	Approval Required	Additional Standards
Bees	Administrative use permit
Birds (domestic or exotic birds other than poultry)	Administrative use permit
Poultry (21—99 animals)	Administrative use permit
Poultry (100 or more animals)	Conditional use permit	1. Minimum site size: 5 acres 2. Additional notice is required as described in Paragraph 21.69.050(D)2. (Additional Notice).
Rabbits	Administrative use permit
Sheep and goats (and other animals of similar size at maturity)	Conditional use permit	Additional notice is required as described in Paragraph 21.69.050(D)2. (Additional Notice).
Horses (excluding equestrian facilities, which are defned separately)	Conditional use permit	Minimum site size: 8 acres Additional notice is required as described in Paragraph 21.69.050(D)2. (Additional Notice).
Cattle (domestic cattle and similar animals)	Conditional use permit	1. Minimum site size: 20 acres; 2. All cattle enclosures shall be no closer than 400 feet from any dwelling unit other than those on the site and no closer than 1 mile from any residential district; 3. Additional notice is required as described in Paragraph 21.69.050(D)2. (Additional Notice).
Pigs	Conditional use permit	1. Minimum site size: 20 acres; 2. All pig enclosures shall be no closer than 1,000 feet from any school or dwelling, and no closer than 1 mile from any residential district;

Additional notice is required as described in Paragraph 21.69.050(D)2.

Notes:

Where the subject animals have satisfied all applicable requirements of the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game and the California Department of Food and Agriculture, the Zoning Administrator may determine after consultation with appropriate zoological experts that a particular noncarnivorous, nonpoisonous animal is substantially similar in its physical characteristics and/or potential effects on a site and persons in the vicinity to one of the animals listed.

2.

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

3.

Application Content. All applications for high-density commercial animal keeping activities shall provide the following information:

a.

Site drainage patterns and a statement of measures proposed by the applicant to avoid soil erosion and sedimentation caused by the keeping of animals;

b.

Plans for animal waste disposal; and

c.

Where the site is located adjacent to a residential or parks and open space district, a statement of other measures proposed by the applicant for the management of the site and proposed animals to ensure that the animals will not become a nuisance to other residents in the vicinity of the site.

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

21.69.060 - Bed and breakfast inns. ¶

A.

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

B.

Standards.

1.

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

2.

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

3.

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

4.

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

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

21.69.070 - Cannabis. ¶

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

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

21.69.080 - Electricity generation and storage facilities.

A.

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

B.

Battery Energy Storage System Requirements.

1.

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

2.

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

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

21.69.090 - Emergency shelters—General. ¶

A.

Purpose. This section provides standards for siting and operating emergency shelters—general, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations), consistent with California Government Code Section 65583(A)(4).

B.

Applicability.

1.

The requirements of this section apply only to emergency shelters where allowed or conditionally allowed pursuant to Table 21.32-1 (Zoning District Use Regulations) and within the Uptown/Town Centre Specific Plan Chapter 5 Development Code, where allowed or conditionally allowed pursuant to Table 5.3-1 (Allowed Land Uses and Permit Requirements) and subject to approval of a Site Plan in accordance with Chapter 21.17 (Site Plans).

2.

In the planned industrial (PM) zoning district on Commerce Way, Niblick Road, Fontana Road, and Linne Road, emergency homeless shelters shall be subject to approval of a site plan in accordance with Chapter 21.17 (Site Plans).

C.

Site Development Standards.

1.

Maximum Number of Persons/Beds. Emergency homeless shelters may have a maximum of fifty beds/persons for overnight occupants per facility.

2.

Operator.

a.

Each shelter shall be operated by a responsible agency or organization, with experience in managing and/or providing social services.

b.

Staff and services shall be provided to assist residents to obtain permanent shelter and provide referral information and/or services for health or mental health services, educational opportunities, job training/employment and life skills training.

c.

There shall be at least one on-site supervisor per twenty-five persons during the hours of operation.

d.

The operator of an emergency shelter or daytime service facility shall submit a management plan for approval by the zoning administrator including, as applicable, provisions for staff training, neighborhood outreach, security, screening to ensure compatibility with services provided at the facility, affirmative measures to discourage loitering at the facility, and hours of operation.

3.

Concentration of Use. In accordance with Subsection (a)(4)(A)(v) of California Government Code Section 65583 regarding the standards a city may establish for proximity of one emergency shelter to another, no emergency shelter shall be established within two hundred feet of another emergency shelter.

4.

Parking. One vehicle parking space for each staff working in the emergency shelter; however, in no case shall more parking be required than for other residential or commercial uses within the same zone.

5.

Waiting Area. For facilities with on-site client intake, an enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or waiting area. A minimum of two hundred square feet shall be provided for the waiting area, unless the director determines that additional waiting space is required to meet the needs of the anticipated client load.

6.

Length of Stay. Individuals and families may not stay at an emergency homeless shelter for more than a total of one hundred eighty days per calendar year.

7.

Lighting. Exterior lighting may be installed for security purposes. Lighting shall be directed away from adjacent properties and shall be shielded and downcast consistent with Chapter 21.82 (Lighting and Illumination).

8.

Outdoor Cleanliness. The outdoor areas (yards) of shelters and surrounding areas shall be kept clean and free of debris, litter, and personal effects shall not be stored outdoors.

9.

Security. Security systems shall be installed prior to issuance of certificate of occupancy. Security systems shall include an alarm system to detect unrecorded or unauthorized entry or exiting of a facility, and a camera surveillance system which shall be installed in locations to the satisfaction of the police chief.

10.

Uptown/Town Center Specific Plan. Emergency homeless shelters proposed in the Riverside Corridor (RSC) zone shall comply with site development standards of the RSC zone, Section 5.5.8 in the Uptown/Town Center Specific Plan, except for parking requirements, which shall be provided in compliance with Paragraph 21.69.090(C)4. (Parking) of this subsection.

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

21.69.100 - Emergency shelters—Low barrier navigation centers. ¶

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

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

21.69.110 - Equestrian facilities. ¶

A.

Purpose. The purpose of this section is to provide reasonable standards for the commercial keeping, training, and maintaining of horses to avoid and minimize adverse impacts on adjacent properties and to preserve the city's quality and character, where equestrian facilities as defined in Chapter 21.91 (Land Use Definitions) is allowed by Table 21.32-1 (Zoning District Use Regulations).

B.

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

C.

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

21.69.120 - Food trucks and food truck courts. ¶

A.

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

B.

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

C.

Permit Requirements Food Trucks.

1.

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

2.

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

3.

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

4.

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

D.

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

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

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

14.

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

15.

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

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

21.69.130 - Manufactured homes. ¶

A.

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

B.

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

1.

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

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

3.

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

4.

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

a.

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

5.

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

6.

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

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

21.69.140 - Mobile home parks.

A.

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

B.

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

1.

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

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

3.

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

4.

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

5.

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

6.

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

a.

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

b.

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

c.

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

7.

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

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

21.69.150 - Self storage facilities. ¶

A.

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

B.

Standards.

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

2.

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

3.

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

a.

Abutting Spring Street or Creston Road.

b.

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

4.

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

5.

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

a.

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

b.

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

c.

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

6.

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

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

a.

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

b.

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

c.

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

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

21.69.160 - Personal services—Restricted. ¶

A.

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

1.

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

2.

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

B.

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

1.

Residentially zoned properties;

2.

Public or private educational facilities;

3.

Religious institutions;

4.

Public parks and public facilities;

Youth-oriented facilities;

6.

Bars or taverns.

C.

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

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

21.69.170 - Outdoor sales, displays, and storage.

A.

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

B.

Outdoor Display of Merchandise.

1.

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

2.

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

a.

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

b.

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

c.

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

d.

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

welfare or causes a public nuisance.

C.

Outdoor Storage Areas.

1.

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

2.

All outdoor storage areas shall conform to the following regulations:

a.

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

i.

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

ii.

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

iii.

iv.

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

b.

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

c.

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

d.

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

create interest and deter graffiti and vandalism.

e.

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

f.

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

g.

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

h.

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

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

21.69.180 - Recreational vehicle parks.

A.

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

B.

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

C.

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

1.

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

2.

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

3.

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

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

5.

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

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

21.69.190 - Religious assembly facility. ¶

A.

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

B.

Property Development Standards. Development shall comply with the property development standards of the zoning district in which the project is located.

C.

Affordable Housing. Up to fifty percent of parking spaces required for the religious institution may be eliminated or reduced for a proposed housing development per California Government Code Section 65913.6.

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

21.69.200 - Residential care facilities. ¶

A.

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

B.

Development Standards.

1.

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

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

Zoning District	Beds/Acre
R-1	10
R-2	21
R-3	31
---	---
R-3-O	31
R-4	42
R-5	52
OP	21
Mixed-use overlay	78
T3-N and T3-F	21
T4-N and T4-F	78
T4-NC, TC-1, and TC-2	78

2.

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

3.

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

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

21.69.210 - Retail—Restricted. ¶

A.

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

1.

2.

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

B.

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

1.

Residentially zoned properties;

2.

Public or private educational facilities;

3.

Religious institutions;

4.

Public parks and public facilities;

5.

Youth-oriented facilities;

6.

Bars or taverns.

7.

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

C.

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

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

21.69.220 - Right to farm.

A.

Findings and Policy.

1.

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

2.

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

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

3.

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

B.

Preexisting Agricultural Uses Not a Nuisance.

1.

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

2.

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

C.

Disclosure.

1.

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

2.

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

3.

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

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

D.

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

E.

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

F.

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

G.

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

H.

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

1.

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

2.

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

3.

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

of the affected parties.

I.

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

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

21.69.230 - Short-term rentals. ¶

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

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

21.69.240 - Tattoo and body art establishments.

A.

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

B.

Definitions.

1.

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

2.

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

3.

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

4.

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

C.

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

D.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

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

21.69.250 - Vehicle fuel sales and accessory service. ¶

A.

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

B.

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

C.

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

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