Chapter 21.78 — OTHER NONCONFORMING PROVISIONS

Any fence or wall that is legally nonconforming with respect to height, materials, or absence where required shall be brought into compliance with the provisions of this title in the following circumstances:

A.

For single-family residential uses, a legal nonconformity is allowed to be maintained in all circumstances.

B.

For multi-family residential uses, the fence or wall shall be made to conform at the time of any increased density or additional of dwelling units on the premises.

C.

For commercial, industrial, or other nonresidential use, the fence or wall shall be made to conform at the time of any increased intensity of use of additional square footage exceed one thousand square feet on the premises.

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

21.78.030 - Nonconforming landscaping.

A.

Nonconforming Landscape Materials and/or Irrigation.

1.

Where a development or use in a nonresidential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of twenty-five percent of the gross square footage of all existing buildings.

2.

Where a development or use in a residential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of fifty percent of the gross square footage of all existing buildings.

B.

Nonconforming Landscape Screening. Where a development or use lacks required landscape screening or has landscape screening that does not conform to the requirements of this title, such landscape screening shall be brought into compliance at the time of any onsite physical expansion of a building(s).

C.

Removal or Abandonment of Turf. Removal or abandonment of turf that is not being used for active recreational purposes shall not be allowed to be replaced except as allowed by Section 21.56.030 (Turf Limitations for New Construction and Rehabilitated Landscapes).

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

21.78.040 - Nonconforming lighting.

See Paragraph 21.82.010(B)2. (Nonconforming Lighting).

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

21.78.050 - Nonconforming signs.

See Section 21.52.100 (Nonconforming Signs - Copy Changes).

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

ARTICLE 8. - ENVIRONMENTAL STANDARDS Chapter 21.80 - FLOODPLAIN MANAGEMENT

21.80.010 - Purpose and applicability.

A.

Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow), or flood related erosion areas. These regulations are designed to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B.

Applicability. This chapter shall apply to all areas of special flood hazards (as defined in Section 21.80.030) within the jurisdiction of the city.

C.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for the city of El Paso de Robles, California (San Luis Obispo County) dated March 16, 1981 with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated September 16, 1981, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. The FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRMs, and FBFMs are on file at the office of the City Engineer, City Hall, located at 1000 Spring Street, El Paso de Robles, CA 93446.

D.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

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

21.80.020 - Statutory authorization, findings of fact, and methods of reducing flood losses.

A.

Statutory Authorization. The Legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council does adopt the following floodplain management regulations.

B.

Findings of Fact.

1.

The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to flood losses.

C.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to:

1.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights, or flood velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplain, stream channels, and natural protective barriers which help accommodate or channel flood waters;

4.

Control filling, grading, dredging, and other development which may increase flood damage;

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

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