Chapter 21.81 — HILLSIDE DEVELOPMENT

The purpose of this chapter is to establish development standards that conserve the natural character of hillside areas, preserve and enhance the scenic hillside amenities of the city, and minimize the environmental impact resulting from extensive grading in visually sensitive areas. Development on hillsides shall be designed to conform to the topographical contours of the site to the extent feasible. Notwithstanding the provisions of this chapter, grading in hillside areas shall be performed in a manner consistent with the applicable provisions of Title 20 (Grading), the recommendations of a licensed civil engineer, and subject to approval of the city engineer.

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

21.81.020 - Applicability.

A.

This chapter applies to all development, grading, and construction projects within the city of Paso Robles.

B.

These hillside development standards are in addition to those development standards established in Chapter 21.33 (Residential Zoning Districts), Chapter 21.34 (Commercial, Industrial, and Airport Zoning Districts), Chapter 21.35 (Public Parks, Open Space and Agricultural Zoning Districts), and Chapter 21.36 (Overlay Zoning Districts), except

where the development standards for the primary zoning district are more restrictive than the development standards for hillside areas.

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

A.

"Area of disturbance" means the portion of a project site that is disturbed for development, including any areas disturbed to accommodate structures, foundations, all graded slopes, parking areas, driveways, graded outdoor recreation spaces, and any areas otherwise graded or altered from existing conditions.

B.

"Average slope" shall be calculated consistent with Subsection 21.41.060 (Determining Average Slope).

C.

"Developable area" is defined in Section 21.41.070 (Determining Developable Area).

D.

"Exterior retaining wall" means a retaining wall that faces an exterior property line and/or is not fully screened by a structure.

Figure 21.81.030-1: Exterior Retaining Wall

==> picture [198 x 125] intentionally omitted <==

E.

"Hillside" means those net developable areas with existing slopes of over ten percent.

F.

"Interior retaining wall" means a retaining wall that faces a structure on a lot where the retaining wall is fully screened by said structure.

Figure 21.81.030-2: Interior Retaining Wall

==> picture [198 x 129] intentionally omitted <==

G.

"Mass grading" means the excavation or deposition (cut and fill) of soil across a parcel for the construction of multiple buildings or other improvements. Mass grading sometimes involves the movement of soil across existing or proposed property lines for the purpose of balancing the overall earthwork (the amount of cut and fill) on the site. Mass grading is often used for multiple parcels or pads.

H.

"Pad grading" means the excavation or deposition (cut and fill) of soil to create a relatively flat area on a single parcel for the construction of improvements.

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

21.81.040 - Hillside development standards.

A.

General Grading and Building Standards. The area of disturbance (defined in Subsection 21.81.030(A)) shall be limited to the developable area (defined in Section 21.41.070) of a lot.

B.

General Grading Standards.

1.

Grading shall be designed to minimize landform alteration to the extent feasible.

2.

Mass or pad grading is only allowed where it is necessary for the reasonable use of the property and shall be conducted in a manner consistent with the purpose and intent of this chapter, including Paragraph 21.81.040(B)1. and Subsection 21.81.040(C) (Structure Foundations on Slopes).

3.

Grading design shall be based on the concept of contour grading, where the existing landform is maintained or the natural landform pattern is replicated in the case of extensive grading.

4.

The crest of all graded slopes greater than six feet vertical height shall be rounded. Where graded slopes intersect, the ends of each slope shall be horizontally rounded and blended.

C.

Structure Foundations on Slopes. Except as allowed through approval of a modification consistent with Section 21.81.050 (Modification to Hillside Development Standards), foundations for structures and other accessory uses shall be subject to the following standards:

1.

Slopes of Less than Fifteen Percent. Individual pad grading is allowed where the area of disturbance has an existing slope less than fifteen percent.

2.

Slopes Fifteen—Thirty-Five Percent. Where the area of disturbance has an existing slope of between fifteen and thirty-five percent, pad grading is not allowed. Foundations shall incorporate special building techniques designed by a registered engineer or architect, including, but not limited to, split levels, benching, cantilevered, poles, piles, step and stem walls, and other methods designed to minimize soil disruption.

3.

Slopes of More than Thirty-Five Percent. No area of disturbance is permitted on an existing slope greater than thirtyfive percent.

D.

Development Standards on Slopes.

1.

Graded Slopes and Retaining Walls.

a.

The maximum vertical height of a graded slope or combination of graded slope and the exposed face of any exterior or interior retaining wall shall not exceed the limits indicated in Table 21.81.040-1 (Slope and Retaining Wall Height).

Table 21.81.040-1: Slope and Retaining Wall Height

b.

The minimum distance required between multiple retaining walls shall be less than or equal to the height of the retaining wall as described in Table 21.81.040-1 (Slope and Retaining Wall Height) and as shown in Figure 21.81.0401 (Minimum Distance Between Multiple Retaining Walls).

c.

Retaining walls to create building pads shall be constructed of masonry material, textured concrete, or similar material as determined by the review authority.

d.

Setbacks from property lines to graded slopes and retaining walls shall be consistent with the California Building Code.

Figure 21.81.040-1: Minimum Distance Between Multiple Retaining Walls

==> picture [308 x 154] intentionally omitted <==

2.

Stem Walls. The exposed face of a building stem wall shall not exceed nine feet in average height and shall consist of a decorative surface finish compatible with the building architecture or natural hillside character.

3.

Roof Materials. Roofing shall be fire-retardant and shall be neither white nor reflective.

4.

Outdoor Flat Area or Deck for Single-Family Residential Structures. Development of new single-family residences shall include an unobstructed existing or manufactured (graded) area of at least ten feet in depth for the length of a building with a slope not more than five percent. Where the structure is designed to be built into the existing slope, this requirement may be met by providing either a five-foot-wide manufactured area no less than the full width of the dwelling unit, or a deck at least ten feet in depth and no less than the full width of the dwelling unit. The underside of a deck that is three feet or higher above grade shall be screened.

5.

Landscaping. In addition to the standards of Chapter 21.45 (Landscaping and Open Space), landscaping in hillside areas shall comply with the following.

a.

Protection and Use of Existing Vegetation. Development shall protect and retain existing vegetation to the maximum extent possible. Existing groundcover and shrubs shall not be removed from lands with steep slopes (thirty-five

percent or greater) unless necessary for weed abatement to remove fire hazards. When groundcover is removed on any slope, it shall be replaced with other vegetation. Existing groundcover shall be protected from damage during construction.

b.

New Landscaping. All development shall provide new landscaping as follows:

i.

Erosion Control. All graded slopes or slopes cleared of vegetation shall be landscaped with groundcover or other vegetation designed to retain the slope and to mitigate the visual impacts associated with bare ground.

ii.

Architectural Enhancement. Trees and shrubs shall be planted to provide screening under decks, along walls, and as accent features.

iii.

Street Trees. Street trees shall be planted as required by Title 10 (Vegetation).

iv.

Trees on Graded Slopes. Trees shall be planted within the landscaping on graded slopes at a rate of at least one tree per one thousand square feet of graded slope.

v.

Irrigation. All landscaping required for erosion control, trees, and architectural enhancement shall be irrigated. Irrigation design shall be in compliance with Chapter 21.56 (Water Efficient Landscaping).

vi.

Plant Species. New landscaping shall incorporate plant species that meet the following criteria:

(a)

Planting within thirty feet of buildings shall be fire-ignition resistant to the satisfaction of the fire marshal.

(b)

In compliance with Chapter 21.56 (Water Efficient Landscaping).

(c)

Non-invasive.

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

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21.81.050 - Modification to hillside development standards.

A.

Allowed Modifications. Modifications to hillside development standards may be allowed through a special planned development (Chapter 21.11), development plan modification (Section 21.16.020), or site plan modification (Section 21.17.020) process. Table 21.81.050-1 (Hillside Modifications) outlines standards for which modifications may be requested.

Table 21.81.050-1: Hillside Modifications

B.

Modification Findings. In addition to the findings associated with the application (Section 21.11.060 [Special Planned Development]; Subsection 21.16.020(D) [Development Plan Modification]; Subsection 21.17.010(C) [Site Plan Modification]), all of the following findings can be made:

1.

The modification preserves oak trees (as applicable); and

2.

The modification does not involve individual pads on slopes over thirty-five percent.

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

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21.81.060 - Creation of new lots.

A.

General Standards for New Lots. The following standards shall apply to lots created through a tract map, parcel map, or reconfiguration of existing lots by a lot line adjustment:

1.

No new lots shall be created that would necessitate locating the area of disturbance on existing slopes with an average of more than thirty-five percent.

2.

The graded slopes and/or retaining walls between two adjacent lots shall be constructed on the lower lot; and

3.

Between two adjacent lots, the property lines shall be located at the top of slopes.

B.

Development Plan Modification for Multiple Slope Categories. An application for a development plan modification (Section 21.16.020) may be submitted where a proposed tentative tract map includes areas that fall under several slope categories, and one or more of these areas are relatively small or narrow, to allow the application of standards applicable to the nearest predominant slope category rather than strict compliance with the minimum lot size and depth requirements (Table 21.33.030-1 [Development Standards for R-A, R-1, and R-1 Combining Districts]) if, in addition to the findings of Subsection 21.16.020(D), the review authority finds the modification would not result in a subdivision with non-uniform lot areas or non-orderly development.

to the nearest predominant slope category rather than strict compliance with the minimum lot size and depth requirements (Table 21.33.030-1 [Development Standards for R-A, R-1, and R-1 Combining Districts]) if, in addition to the findings of Subsection 21.16.020(D), the review authority finds the modification would not result in a subdivision with non-uniform lot areas or non-orderly development.

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

Chapter 21.82 - LIGHTING AND ILLUMINATION

A.

Purpose. This chapter is intended to minimize artificial light that may have a detrimental effect on the environment and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary illumination of adjacent properties and the use of energy and meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs (Title 24, Chapter 6). Outdoor lighting shall be designed, installed and maintained to be an integral part of the built environment, reflecting a balance for lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community.

B.

Applicability. The standards of this chapter apply to the following development projects:

1.

New Construction. All new or replacement of exterior light fixtures or systems.

2.

Nonconforming Lighting. Replacement of nonconforming light fixtures and light systems shall be required in the following circumstances:

a.

Commercial Additions and Remodels. All building permits with a valuation more than the amount described in Paragraph 11.12.030(A)1. for requirement of frontage improvements shall bring existing exterior lighting into conformance with the provisions of this chapter. In the event that the improvements are for a single tenant in a multitenant center, the zoning administrator shall determine a proportionate share of exterior lights to be replaced with the building permit.

b.

Residential Additions and Remodels. Additions totaling fifty percent or more of the existing gross floor area of a structure or alterations affecting fifty percent or more of existing gross floor area shall bring existing exterior lighting into conformance with the provisions of this chapter.

3.

Exemptions. The following light sources are exempt from the standards of this chapter:

Temporary construction lighting necessary for an allowed use are exempt except that permanent installations at dedicated sites shall conform to the requirements of this chapter;

Sports fields;

Temporary holiday lighting; and

Similar lighting types as determined by the zoning administrator.

4.

Other laws or ordinances may require minimum illumination levels for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern.

C.

Application Materials. All development applications shall include sufficient information to enable the zoning administrator to determine whether the proposed and existing lighting complies with the provisions of this chapter. For projects requiring a development plan (Subsection 21.16.010(B)), the application shall include the following:

1.

A site plan indicating the proposed location of all outdoor lighting fixtures;

2.

A description of each illuminating device, fixture, lamp, support, and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types, lumen outputs, and kelvin rating/scale;

3.

Photometric plans depicting the location of all light poles and building-mounted lighting fixtures and a maximum tenfoot by ten-foot grid of both the initial and maintained lighting levels on the site, and including impact on adjacent properties;

The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts; and

5.

Any other information the zoning administrator may determine is necessary to ensure compliance with the provisions of this chapter.

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

21.82.020 - Lighting standards.

A.

Maximum Height.

1.

Within one hundred feet of a residential zoning district: Sixteen feet.

2.

Other Locations: Twenty-five feet.

B.

Design of Fixtures. Outdoor lighting fixtures, either wall mounted or light standards, shall be appropriate to the style and scale of the architecture of the building. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof.

C.

Commercial/Industrial Lighting. Fixtures shall be fixed in position.

D.

Timing Controls. All outdoor lighting in nonresidential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building or, in the case of shopping centers, all buildings, are not in use. Security lighting shall utilize motion sensors to reduce light intensity or turn lights off when no motion is detected.

E.

Patio Lights. Commercial string lights and other patio lighting shall be turned off no more than thirty minutes after close of business.

F.

Light Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candle.

G.

Up Lighting. Up-lighting (lighting directed higher than ninety degrees from the ground) is prohibited.

H.

Lighting Shielded.

1.

All outdoor lighting shall be Dark-Sky compliant or equivalent. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings outside the ownership of the applicant.

2.

Outdoor lighting shall be shielded so that the light source is not visible from off-site. Shielding shall be at least two inches in dimension measured from the lens or light source to direct light toward buildings or the ground and reduce glare.

Figure 21.82.020-1: Light Shielding Dimensions

==> picture [177 x 62] intentionally omitted <==

I.

Parking Lot Lighting.

1.

Lighting Level. Parking lot lighting shall not exceed the levels needed to provide low level safety lighting for parking lot areas, as demonstrated by photometric plans.

2.

Motion Sensors. Lighting shall be on motion sensors to minimize lighting when not in use.

J.

Lighting Color (Chromaticity). All outdoor lighting shall utilize light sources with correlated color temperature not to exceed three thousand Kelvin (K).

K.

Flashing. Outdoor lighting shall not blink, flash, or rotate.

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

21.82.030 - Modification to lighting standards.

A.

General. Modifications to lighting standards may be allowed through a development plan modification (Section 21.16.020). An application for a development plan modification (Section 21.16.020) shall set forth all actions taken to comply with this chapter, the reasons why compliance cannot be achieved, and a proposed method for achieving alternative compliance.

B.

Findings and Decision.

Decision and Conditions. The planning commission may grant or deny the application for a development plan modification to lighting standards. If approved, the modification may be for a limited period and may be subject to any other terms, conditions, and requirements as the planning commission may deem reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on lighting levels and operating hours.

2.

Findings. In approving such a request, the review authority shall consider whether the lighting modification meets a unique security need and/or serves a community-wide purpose, and shall make the findings required for a development plan modification (Subsection 21.16.020(D)).

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

Chapter 21.83 - NOISE

The purpose of this chapter is to provide standards to regulate excessive, unnecessary, and annoying noise from all sources within the city subject to the city's police power.

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

The city council finds:

A.

The making and creation of excessive, unnecessary, and annoying noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing;

B.

Excessive, unnecessary, or annoying noise within the city is detrimental to the public health, safety, welfare, and the peace and quiet of the inhabitants of the city;

C.

Every person in the city is entitled to live in an environment free from excessive, unnecessary, or annoying noise levels;

D.

Noise is recognized as an inherent by-product of many land uses and the economic base of the city is protected by preventing the encroachment of noise-sensitive land uses into areas affected by existing noise-producing uses;

E.

Concerts and tourism-related events contribute to the vitality and character of the city and balancing the acoustical requirements of both residents and such businesses and events is of vital importance to the city; and

F.

The establishment of maximum permissible noise levels will further the public health, safety, welfare, peace, and quiet of city inhabitants.

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

The following words, phrases and terms as used in this chapter shall have the following meanings: "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"A-weighting" means a frequency-response adjustment of a sound level meter that conditions the output signal to approximate human response. All noise level measurements and noise standards associated with this noise element are provided in terms of A-weighted sound levels.

"Decibel" or "dB" means fundamental unit of sound, defined as ten times the logarithm of the ratio of the sound pressure squared over the reference pressure squared.

"Emergency work" means the use of any machinery, equipment, vehicle, manpower, or other activity in an effort to protect, maintain, provide, or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.

"Fixed noise source" refers to sources of noise occurring on private property that are not regulated at the local level. They may be fixed in a certain position or mobile on the private property, but do not include mobile vehicles on public roadways, railroad, or aircraft operations. For example, the city cannot regulate how much noise a car on a public roadway can generate, as such levels are regulated at the state level. However, the city can regulate the level of noise that is generated on private property as it affects other properties. Traffic on public roadways, railroad operations, and aircraft in flight cannot be regulated at the local level.

"Frequency" means the measure of the rapidity of alterations of a periodic acoustic signal, expressed in cycles per second or hertz.

"Hertz" means the unit of measurement of frequency, numerically equal to cycles per second.

"Leq" means equivalent or energy-averaged sound level.

"L max" means the highest root-mean-square (RMS) sound level measured over a given period of time.

"Loudness" means a subjective term for the sensation of the magnitude of sound.

"Noise" means unwanted sound.

"Sensitive outdoor areas" means the primary outdoor activity area associated with any given land use at which noisesensitivity exists and the location at which the city's exterior noise level standards are applied. Additional definitions of sensitive areas of various residential uses follow.

"Sensitive areas of single-family residential uses" is normally considered to be back yards or distinct rear patio/deck areas. Front yard spaces may be identified as the sensitive exterior area if there are no other clearly identifiable private outdoor activity areas proposed as part of the residential property. Elevated balconies front courtyards, front decks, side yards, etc., are not commonly considered to be sensitive outdoor activity areas. Where the location of outdoor activity areas for large lot residential properties cannot be determined, the city's exterior noise level standards shall be applied within fifty feet of the rear of the residence.

"Sensitive areas of multi-family residential uses" means common outdoor recreation areas, such as pools, tot-lots, tennis courts, etc., of multi-family uses are considered to be the sensitive outdoor area. Individual patios and balconies of multi-family developments are not considered to be sensitive outdoor areas.

"Sensitive areas of residential component of mixed-use developments" means mixed use developments will commonly consist of residential units on elevated floors above office or commercial uses. As a result, such uses may not include a clearly delineated sensitive outdoor area, in which case satisfaction with the city's interior noise level standards will be considered adequate. The exterior noise standards for the residential component of mixed-use developments shall not be applied to patios or balconies facing the noise source (i.e. street).

"Sensitive areas of nonresidential uses" means the noise sensitive area of nonresidential uses should be evaluated on

a case-by-case basis. For example, the exterior areas surrounding hospitals, schools, and office buildings are not commonly considered to be noise-sensitive, whereas the interior spaces of such uses are noise sensitive. The noise standards contained in Tables 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) should only be applied to locations within a proposed use where noise sensitivity can be demonstrated.

"Simple tone noise" or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum.

"Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 for type 1 or 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

"Sound pressure level" means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.21962 and 51.13-1921; that is, twenty times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

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

21.83.040 - General noise regulations.

Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any excessive, unnecessary, or offensive noise levels, which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

The standards that shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to, the following:

A.

The sound level of the objectionable noise;

B.

The sound level of the ambient noise;

C.

The proximity of the noise to residential uses;

D.

The nature and zoning of the area within which the noise emanates;

E.

The density of the inhabitation of the area within which the noise emanates;

F.

The time of day or night the noise occurs;

G.

The duration of the noise and its tonal informational or musical content;

H.

Whether the noise is continuous, recurrent or intermittent; and

I.

Whether the noise is produced by a commercial or noncommercial activity.

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

21.83.050 - Sound level measurement generally.

A.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined herein with the A-weighting network under the "slow" meter response. The meter shall be calibrated immediately prior to use and fitted with a wind screen.

B.

The location selected for measuring exterior noise levels shall be at the location identified as having exterior noise sensitivity as defined above. Where feasible, the microphone shall be at a height of five feet above ground level and shall be at least five feet from walls or similar reflecting surfaces. In the case of interior noise measurements, the windows shall be closed and the measurement shall be made at a point at least five feet from the wall, ceiling, or floor nearest the affected occupied area.

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

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21.83.060 - Exterior and interior noise standards.

A.

The noise standards contained in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [NonTransportation] Noise Sources) below, unless otherwise specifically indicated in this chapter, shall apply to all noisesensitive exterior and interior areas within the city.

B.

It is unlawful for any person at any location within the city to create any noise which causes the noise levels on an affected property, when measured in the designated sensitive exterior or interior location, to exceed the noise

standards specified below in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and the noise standards contained in Tables N, 1, and 2 in the noise element of the general plan.

Table 21.83.060-1: Exterior Noise Standards for Locally Regulated (Non-Transportation) Noise Sources

Specific Notes:

1.

Noise sensitive areas are defined acoustic terminology section.

2.

Interior noise level standards are applied within noise-sensitive areas of the various land uses, as defined in the acoustic terminology section, with windows and doors closed.

Daytime hours = 7:00 a.m. to 7:00 p.m., evening hours = 7:00 p.m. to 10:00 p.m., nighttime hours = 10:00 p.m. to 7:00 a.m.

4.

Lmax = Highest measured sound level occurring during a given interval of time (Typically one hour).

5.

Leq = Average or "Equivalent" noise level during the worst-case hour in which the building is in use.

6.

Hospitals are often noise-generating uses. The exterior noise level standards for hospitals are applicable only at clearly identified areas designated for outdoor relaxation by either hospital staff or patients.

7.

Exterior areas of school uses are not typically noise-sensitive. As a result, the standards for schools are focused on the interior office and classroom spaces.

General Notes Applicable to All Noise Standards and Land Uses:

a.

Where the noise source in question consists of speech or music, or is impulsive in nature, or contains a pure tone, the noise standards of this table are reduced by five dB.

b.

Where ambient noise levels exceed the noise level standards shown above, the noise standards shall be increased in five dBA increments to encompass the ambient.

c.

Reductions in the noise standards for noise sources identified in general note "A" above shall be applied after any increases warranted by elevated ambient conditions prescribed in general note "B," subject to verification through a noise study.

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C.

Due to variations in types of both noise-generating and noise-sensitive land uses, as well as variations in ambient conditions in the city, the city shall have the ability to set noise standards up to five dBA higher or lower than the Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) standards if determined appropriate by the planning commission and/or zoning administrator.

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

Persons utilizing short-term rentals pursuant to Chapter 21.64 (Short-Term Rentals) shall not exceed the noise standards of Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) at the noise-sensitive areas of any land uses located within the city.

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

21.83.080 - Noise standards specifically applicable to outdoor music venues and events.

The following policy is intended to provide event operators the ability to continue to operate while remaining cognizant of the sensitivity of residential and other noise-sensitive receptors located within the city.

A.

The Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) standards shall apply to existing and proposed venues where amplified music and speech would occur.

B.

For venues within the city's jurisdiction that have been the subject of repeated, legitimate (verifiable) noise complaints, the city shall reserve the right to require ongoing noise monitoring and reporting. Where such reporting indicates that venues existing at the time of adoption of the ordinance from which this title is derived are exceeding the Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) noise standards, or venues established after the adoption of the ordinance are exceeding the Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) standards, the city shall have the authority to impose sanctions upon the operator, including revocation of use permits.

Table 21.83.080-1: Noise Standards for Outdoor Venues Generating Amplified Music or Speech

Notes:

1.

Leq = Average or "Equivalent" noise level. Represents the energy average of all noise occurring during a given period (typically one hour).

2.

Lmax = Highest measured sound level occurring during a given interval of time (Typically one hour).

3.

Operations of the Mid-State Fairgrounds are not subject to control by the city of Paso Robles. As a result, the mixing booth sound levels are identified as voluntary for this venue. It should be noted, however, that measurements of concert sound at this venue indicated substantial conformity to the mixing booth target levels.

Studies have shown that compliance with the mixing booth sound target levels has resulted in compliance with the Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) noise standards at the nearest sensitive receptors during events at the Vina Robles Amphitheater.

5.

Concerts related to events held at the Downtown City Park are subject to obtaining a permit from the city and are exempt from the provisions of this noise element provided they adhere to the city permit conditions.

6.

The mixing booth location is generally defined as being approximately one hundred feet in front of the stage, but this location can vary by venue.

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

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Notwithstanding any of the provisions of this chapter, including full compliance with Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech), the following acts are prohibited within the city, subject to the exceptions cited in this chapter:

A.

Radio, Television Sets, Musical Instruments, and Similar Devices. Operating, playing, or permitting the operation or playing of any radio, stereo, television set, audio equipment, electronic equipment, drum, musical instrument, or device which produces or reproduces sound at any time of day plainly audible over background ambient conditions at a distance of one hundred feet from such device. This section does not apply to places of public entertainment or to events for which a lawful permit has been obtained, provided that the activities producing sound are being conducted in compliance the permit.

B.

Animals. The keeping of any animal or bird, as pet or livestock, which causes noise so loud, so frequently, and continued over so long a period as to deprive persons residing in two or more separate residences in the neighborhood of the comfortable enjoyment of their home. For the purposes of this subsection, the animal noise shall not be deemed a disturbance or nuisance if the noise is in response to a person trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the noise is in response to someone teasing or provoking the animal.

C.

Private Alarm Systems. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within five minutes of activation.

D.

Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 9:00 p.m. and 6:00 a.m. in such a manner as to cause a noise disturbance within a noise-sensitive area.

E.

Private Parties. Any noise, commotion or sound resulting from a party between the hours 10:00 p.m. and 7:00 a.m. Sunday through Thursday and 12:00 a.m. and 7:00 a.m. Friday and Saturday that creates sound determined by either code enforcement of city peace officers to be excessive for the time and location, or determined to be in violation of the Table 28.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) standards of this chapter. For purposes of this section, "party" means a gathering for social or entertainment purposes at a private residence or other location but does not include sound generated by a valid commercial use such as a bar or restaurant that is in compliance with all other applicable requirements of local regulations.

F.

Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at any sensitive location if the source is on private property or at one hundred fifty feet from the source if on a public space or public right-of-way.

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

The following sources of noise shall be exempt from the provisions of this chapter:

A.

Emergency warning devices and equipment operated in conjunction with emergency situations, such as sirens and emergency generators that are activated during power outages. The routine testing of such warning devices and equipment, including generators, is also exempt provided such testing occurs during daytime hours.

B.

All activities occurring at public schools and public school playgrounds and sporting fields, as such activities are not regulated at the local level.

C.

Activities at private schools, parks, or playgrounds, provided such activities occur during daytime hours (7:00 a.m. to 10:00 p.m.).

D.

Activities associated with special events approved by the city.

E.

Construction and demolition activities located within one thousand feet of noise-sensitive land uses provided they occur during normal daytime hours, excluding Sundays and federal holidays, subject to the conditions imposed by city permit. For construction activities, daytime hours are defined as 7:00 a.m. to 7:00 p.m. Construction activities occurring between the hours of 7:00 p.m. and 7:00 a.m. must comply with the interior noise level standards identified in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) unless an exception has been granted by the Department. An exception for concrete pours or other construction activities requiring an early morning start time may be authorized by the zoning administrator.

F.

Construction and demolition activities located beyond one thousand feet of noise-sensitive land uses, subject to the conditions imposed by city permit. For construction activities, daytime hours are defined as 7:00 a.m. to 7:00 p.m.

G.

When an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work outside of the hours delineated above and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner.

H.

In the event of an emergency involving agricultural activities that requires prompt action to protect crops or equipment, the city can exempt noise generated by such action from the provisions of this chapter.

I.

Noise sources associated with agricultural operations in zones permitting agricultural uses.

J.

Noise sources associated with maintenance of residential area property, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Saturday or Sunday, or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday or Sunday. Otherwise, the noise standards of Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) shall apply.

K.

Noise generated by persons authorized to engage in waste disposal service or garbage collection, including any truck-mounted waste or garbage loading and/or composting equipment, or similar mechanical device.

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

The zoning administrator shall be responsible for:

A.

Employing individuals trained in acoustical engineering or an equivalent field to assist the zoning administrator in the administration of this chapter;

B.

Training field inspectors;

C.

Procuring measuring instruments and training inspectors in their calibration and operation;

D.

Conducting a public education program in all aspects of noise control; and

E.

Coordinating the noise ordinance with other governmental agencies.

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

A.

General. Modifications to noise standards may be allowed through a development plan modification (Section 21.16.020). An application for a development plan modification (Section 21.16.020) shall set forth all actions taken to comply with this chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment.

B.

Findings and Decision.

1.

Decision and Conditions. The planning commission may grant or deny the application for a development plan modification to noise standards. If approved, the modification may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning commission may deem reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

2.

Findings. In addition to the findings of Subsection 21.16.020(D) for a development plan modification, in deciding whether to grant a modification, the review authority shall consider all facts relating to whether strict compliance with the requirement of this chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noise-sensitive use affected by noise from such facility. The review authority shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area affected by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment, and the general public interest and welfare.

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

The city will review the complaint and may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this chapter. If the city has reason to believe that any provision(s) of this chapter has been violated, they may cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the department, upon conviction, the violation shall constitute enforcement consistent with Title 1 (General Provisions) of this code.

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

A.

Provisions of this chapter are to be construed as an added remedy of abatement of the public nuisance declared and not in conflict or derogation of any other action, proceedings, or remedies provided by law.

B.

Any violation of the provisions of this chapter shall be, and the same is declared to be unlawful and a public nuisance, and the duly constituted authorities of the city shall, upon order of the city council, immediately commence actions or proceedings for the abatement or enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate such nuisance.

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

Chapter 21.84 - OAK TREE PRESERVATION[[3]]

Footnotes:

--- ( 3 ) ---

Cross reference— Oak tree preservation standards shall be as provided in Chapter 10.01 (Oak Tree Preservation).

Chapter 21.85 - PERFORMANCE STANDARDS—GENERAL

21.85.010 - Purpose and applicability.

A.

Purpose. This chapter establishes performance standards intended to guard against the use of any property or structure in any zoning district in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable condition or element that adversely affects the health and safety of residents, the community, and the surrounding area and adjoining premises.

B.

Applicability. The minimum requirements in this chapter apply to all land uses in all zoning districts, unless otherwise specified.

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

21.85.020 - General performance standards for all uses.

A.

General Standard. Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.

B.

Measurement of Impacts. Measurements necessary for determining compliance with the performance standards of this chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

C.

Fire and Explosion Hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-

suppression equipment and devices standard in industry and as approved by the fire department. All incineration of inflammable and explosive materials is prohibited.

D.

Radioactivity or Electrical Disturbance. Devices which radiate radio-frequency energy shall be operated in a manner that does not cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Further, no radiation of any kind shall be emitted which is dangerous to humans. All radio transmissions shall occur in full compliance with Federal Communications Commission (FCC) and other applicable regulations.

E.

Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (for example, construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.

F.

Smoke. No emission shall be permitted at any point which would constitute a violation of standards established by the San Luis Obispo County Air Pollution Control District (APCD).

G.

Odors. Except for fireplaces and barbecues, no emission shall be permitted of odorous gases or other odorous matter in such quantities as to constitute a public nuisance.

H.

Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, animals, vegetations or other forms of property, or which can cause any excessive soiling at any point. No emissions shall be permitted in excess of the standards established by the San Luis Obispo County Air Pollution Control District (APCD).

I.

Glare. No direct glare, whether produced by floodlight, high-temperature processes such as combustion or welding or other processes, so as to be visible from any boundary line of the property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by reasonable means as are practical to the end that said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. See also Chapter 21.82 (Lighting and Illumination).

J.

Liquid or Solid Wastes. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accord with standards approved by the California Department of Health or such other governmental agency as shall have jurisdiction over such activities. Manufacturing, processing, treatment and other activities involving use of toxic or hazardous materials shall be designed to incorporate the best available control technologies and wherever technically feasible shall employ a "closed loop" system of containment.

K.

Transportation Systems Impacts. Vehicular, bikeway and/or pedestrian traffic, directly attributable to the proposed land use, shall not increase to a significant extent without implementation of adequate mitigation measures in a form to be approved by the city engineer. In determining significance of impacts, consideration shall be given to cumulative (projected build-out) capacity of streets and highways serving the land use. Mitigation measures required may include but not be limited to curb, gutter, sidewalk, street and/or alley, bikeway, transit related improvements and traffic signalization. Mitigation may be required as pursuant to the California Environmental Quality Act (CEQA), or as a condition of a discretionary review.

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

Chapter 21.86 - SURFACE MINING AND RECLAMATION

A.

This chapter is adopted pursuant to Section 2710 et seq. of the California Public Resources Code (Surface Mining and Reclamation Act of 1975), and to that end, the city council finds and declares that:

1.

Mineral extraction is essential to the continued economic well-being of the city and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

2.

Reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

3.

Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

B.

The city is the lead agency for enforcing the State Surface Mining and Reclamation Act of 1975 (SMARA) regulations on all mining operations in the city, and is required to annually inspect each mining operation, ensure adequate financial assurances are secured for reclamation, and oversee mining and reclamation activities to the goals of the SMARA.

C.

It is the intent of the city to create and maintain an effective and comprehensive surface mining and reclamation policy to ensure that:

1.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition that is readily adaptable for alternate land uses.

The production and conservation of minerals are encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

3.

Residual hazards to the public health and safety are eliminated.

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

A.

The provisions of this chapter shall apply to surface mining operations on public and private lands in the city, except as exempted in Subsection 21.86.020(B). Any applicable exemption does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the city, including the application of the California Environmental Quality Act (CEQA), the requirement of a conditional use permit (CUP), the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

B.

The provisions of this chapter are not applicable to:

1.

Excavations or grading conducted for farming or for the purpose of restoring land following a flood or natural disaster.

2.

Onsite excavation and earthmoving activities that are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, provided all required permits for the improvements have been approved by the city in accordance with applicable provisions of state law and city plans and ordinances, including, but not limited to, the California Environmental Quality Act (CEQA), as specified in California Public Resources Code Section 2714(b)(1)—(4).

3.

Operation of a mineral processing site, including associated on-site structures, equipment, machines, tools, or other materials, including onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

a.

The plant site is located on lands appropriately designated in the general plan and zoned for mineral processing;

b.

None of the minerals being processed are extracted on-site; and

c.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976.

4.

Prospecting for and extraction of minerals for commercial purpose and the removal of overburden where total amounts are less than one thousand cubic yards in any one location of one acre or less.

5.

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

6.

Any other mining operations that the state mining and geology board determines to be of an infrequent nature, and which involve only minor surface disturbances.

7.

Surface mining operations and emergency excavations or grading conducted by the California Department of Water Resources or the Reclamation Board as specified in California Public Resources Code Section 2714(i)(1).

8.

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to on-site excavation or grading that occurs within one hundred feet of a Class One watercourse or seventy-five feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes. This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations (CCR) and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the California Department of Forestry and Fire Protection.

9.

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil and gas as specified in California Public Resources Code Section 2714(l).

10.

The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition.

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

A.

"Idle" means that an operator of a surface mining operation has curtailed production at the surface mining operation with the intent to resume the surface mining operation at a future date, for a period of twelve months or more by more

than ninety percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.

B.

"Surface mining" means the mining of minerals on lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to, in-place distillation or retorting or leaching; the production and disposal of mining waste; and prospecting and exploratory activities.

C.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

D.

"Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.

E.

"Supervisor of mine reclamation" means the director of the Division of Mine Reclamation of the California Department of Conservation.

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

The provisions of the SMARA (California Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.), California Public Resources Code Section 2207, and the California Code of Regulations Section 3500 et seq.,) as those provisions may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

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

California Public Resources Code Sections 2762, 2763 and 2764 and Chapter 14 California Code of Regulations Section 3676, and subsequent amendments regarding mineral classification studies and general plan resource management policies are incorporated into this chapter.

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

21.86.060 - Vested rights.

A.

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person

with vested rights has continued surface mining in the same area subsequent to January 1, 1976, that person shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan, shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the SMARA (January 1, 1976).

B.

All other requirements of state law and this chapter shall apply to vested mining operations.

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

A.

A conditional use permit (CUP) shall be required for a surface mining operation that is determined not to be vested pursuant to Section 21.86.060 (Vested Rights), and shall be required for the expansion of a surface mining operation beyond the boundaries of the vested area.

B.

Except as provided in this chapter, no person shall conduct surface mining operations unless a reclamation plan has been submitted to and approved by, and financial assurances for reclamation have been approved by, the city.

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

A.

Applications for a conditional use permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the zoning administrator and shall be submitted together in a single application. The forms for a reclamation plan application shall require, at a minimum, each of the elements required by the California Public Resources Code Sections 2772 and 2773, Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and any other requirements determined necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the zoning administrator.

B.

Within thirty days of determination of completeness of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the community development department shall submit the reclamation plan to the supervisor of mine reclamation for review and certify to the supervisor of mine reclamation that the reclamation plan is a complete submission that is consistent with this Chapter, the SMARA, Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. The Supervisor shall have thirty days from the receipt of the reclamation plan to notify the city and operator if the submission does not meet the content requirements of California Public Resources Code Sections 2772, 2773, and 2773.3 and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and is incomplete.

C.

The supervisor of mine reclamation shall have thirty days after the date of receipt of the reclamation plan to notify the city if the submission is incomplete and to prepare written comments on the reclamation plan if the supervisor chooses. The community development department shall prepare a written response to the supervisor's comments received describing the major issues raised by the comments. The community development department shall submit its response to the supervisor at least thirty days prior to the intended approval of the reclamation plan. The community development department's response shall either describe how the city proposes to adopt the supervisor's comments on the reclamation plan, or describe in detail the reasons why the city proposes not to adopt the supervisor's comments. The community development department shall promptly forward any written comments received and responses prepared by the community development department to the operator.

D.

Whenever mining operations are proposed in the one-hundred-year floodplain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the community development department shall notify the state department of transportation that an application has been received. The department of transportation shall have a period of not more than forty-five days to review and comment on the proposed surface mining operations, and the city shall not issue or renew the permit until the department of transportation has submitted its comments or until forty-five days from the date the application for the permit was submitted, whichever occurs first.

E.

The community development department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) and the city's CEQA Guidelines.

F.

Subsequent to the appropriate environmental review, the community development department shall prepare a staff report with recommendations for consideration by the planning commission, which incorporates input from any other affected department or agency.

G.

The city shall give the supervisor of mine reclamation at least thirty days written notice of the time, place, and date of the hearing at which the reclamation plan is scheduled to be approved by the city, or, if no hearing is required, the city shall provide thirty days written notice to the supervisor that the city intends to approve the reclamation plan.

H.

The planning commission shall hold at least one noticed public hearing on the conditional use permit and/or reclamation plan.

I.

The city's review of reclamation plans is limited to whether the plan substantially meets the applicable requirements of California Public Resources Code Sections 2772, 2773.3 and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and this Chapter adopted pursuant to California Public Resources Code Section 2774(a)). Reclamation plans determined to substantially meet these requirements shall be approved by the city for the purposes of this chapter.

J.

The planning commission shall then take action to approve, conditionally approve, or deny the conditional use permit and/or reclamation plan, except where pre-empted by the California Public Resources Code. The planning commission's action shall be final, subject to appeal as provided in Chapter 21.25 (Appeals and Calls for Review).

K.

If a conditional use permit is being processed concurrently with the reclamation plan, the planning commission may also conceptually approve the conditional use Permit at this time. However, the planning commission may defer action on the conditional use Permit until taking final action on the reclamation plan. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the conditional use permit with the condition the community development department shall not release the mining operation for occupancy until financial assurances have been reviewed by the supervisor of mine reclamation and final action has been taken on the reclamation plan.

L.

Within thirty days following the approval of the reclamation plan, the city shall provide the supervisor of mine reclamation notice of the reclamation plan and conditional use permit approval. The city shall provide as soon as practicable, but no later than sixty days after approval of the reclamation plan, certified copies of all maps, diagrams, or calculations, signed and sealed.

M.

No later than sixty days after the approval of the reclamation plan, the city shall provide to the supervisor of mine reclamation an official copy of the approved reclamation plan. The official copy shall incorporate all approved modifications to the reclamation plan and shall include an index showing any permit conditions or approval or binding mitigation measures adopted or certified pursuant to CEQA that are necessary to meet the requirements of subdivision (c) of California Public Resources Code Section 2772, California Public Resources Code Sections 2773 and 2773.3, and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. Those conditions of approval and mitigation measures shall be included in an appendix to the reclamation and shall be considered part of the reclamation compliance requirements and subject to the annual inspection.

N.

The city, upon approval of a reclamation plan or an amendment to a reclamation plan, shall record a "notice of reclamation plan approval" with the county recorder. The notice shall read: "Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the city of El Paso de Robles, a copy of which is on file with the city clerk." The notice shall also include the name of the owner of record of the mine operation, the name of the city, and the acknowledged signature of the city representative. A copy of the final approved reclamation plan shall be kept on the mining site at all times.

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

In addition to findings for the approval of conditional use permits (Section 21.19.050), approval for surface mining operations shall include a finding that the project complies with the provisions of state law and regulations.

A.

For reclamation plans, the following findings shall be made by the reviewing authority prior to approval:

1.

The reclamation plan and goals and potential use of reclaimed land pursuant to the plan are consistent with this chapter, the city's general plan, and zoning for the area.

2.

The reclamation plan complies with the purpose, intent, and requirements of this chapter.

3.

The project has been reviewed pursuant to CEQA, all adverse impacts related to the reclamation plan have been mitigated by the plan and/or the recommended condition(s) of approval, and the appropriate environmental determination has been adopted.

4.

The reclamation plan complies with the requirements of the State Surface Mining and Reclamation Act of 1975, specifically California Public Resources Code Sections 2772 and 2773, and the Reclamation Standards specified in California Code of Regulations Title 14, Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713.

5.

The reclamation plan has been forwarded to the supervisor of mine reclamation, as prescribed in this chapter, and in accordance with California Public Resources Code Section 2772.1, including all applicable documentation required for submission as outlined in California Public Resources Code Section 2772.1.

6.

Through implementation of the reclamation plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible;

7.

The land and/or resources to be reclaimed will be restored to a condition that is compatible with the surrounding environment;

8.

The reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with any applicable air quality and/or water quality resources plan and/or that suitable off-site development will compensate for related disturbances to resource values existing after reclamation is completed;

9.

The reclamation plan will restore the mined lands to a usable condition which is adaptable for alternative land uses consistent with the general plan and any other applicable plan or element;

10.

A written response to the supervisor of mine reclamation has been prepared, describing the disposition of major issues regarding the reclamation plan raised by the supervisor. Where the city's position is at variance with the recommendations and objections raised by the supervisor, the city has prepared detailed responses regarding why specific comments and suggestions of the supervisor were not accepted.

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

A.

Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations if it is determined to be necessary to ensure the success of final reclamation or for health and safety purposes. Reclamation may be done on an annual basis, or in stages compatible with continuing operations, or on completion of all excavation, removal, or fill as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: the approximate length of time for completion of each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in Section 21.84.110 (Financial Assurances). The reclamation schedule shall be approved as part of the reclamation plan pursuant to Section 21.86.080 (Process).

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

In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require, as a conditional of approval, one or more forms of security which will be released upon satisfactory performance. The applicant shall post security in the form of a corporate surety bond executed by an admitted surety insurer as defined in subdivision (a) of Section 995.120 of the Code of Civil Procedure, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the city and the department of conservation as specified by the state mining and geology board pursuant to California Public Resources Code Section 2773.1(e). Financial assurances shall be made payable to the city of El Paso de Robles and department of conservation. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is complete. The financial assurance cost estimates shall be submitted to the city for review on a form developed by the supervisor of mine reclamation and approved by the state mining and geology board.

Prior to approving the financial assurance cost estimate, the city shall submit the financial assurance cost estimate to the supervisor of mine reclamation for review. No later than fifteen days after receiving the estimate, the supervisor shall notify the city and the operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the mining and geology board's financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. The supervisor shall specifically identify all aspects of the submission that are incomplete and shall have forty-five days from the date of receipt of the cost estimate to prepare written comments if the supervisor chooses to provide written comments.

The city shall evaluate written comments received from the supervisor of mine reclamation relating to the financial assurance cost estimate and submit written responses on the comments raised to the supervisor at least thirty days prior to the approval of the financial assurance cost estimate. The city's response shall include either a description of how the community development department proposes to adopt the supervisor's comments on the cost estimate, or a detailed description of the reasons why the community development department proposes to not adopt the supervisor's comments. Copies of the written comments received and responses prepared by the community development department shall be provided to the operator.

If the community development department proposes to not adopt the supervisor of mine reclamation's comments relating to the financial assurance cost estimate, the supervisor may within fifteen days of the city's written response

request in writing a consultation with the city to discuss the supervisors comments and city's responses, which shall occur not later than thirty days after the supervisor's request for consultation. If the supervisor requests a consultation, the city shall not approve the financial assurance cost estimate until after consulting with the supervisor.

A.

The city shall give the supervisor of mine reclamation at least thirty days notice of the time, place, and date of the hearing before the city at which time the financial assurance is scheduled to be approved by the city. If no hearing is required, the city shall provide thirty days written notice to the supervisor that it intends to approve the financial assurance. The city shall send to the supervisor its final response to the supervisor's comments within thirty days following its approval of the financial assurance. Financial assurances shall be required to ensure compliance with

elements of the reclamation plan including, but not limited to, revegetation and landscaping requirements; restoration of water bodies and water quality; slope stability and erosion and drainage control, disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the reclamation plan shall be monitored by the community development department.

B.

Financial assurances shall not be released until written notification has been made by the zoning administrator to the mining operator and the supervisor of mine reclamation that reclamation has been completed in accordance with the approved reclamation plan, and the supervisor and city consent to the release of the financial assurance. The amount of financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the reclamation plan, including any irrigation and maintenance of reclaimed areas as may be required. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator; such estimates shall be approved by the zoning administrator. Financial assurances may be based upon estimates, including but not necessarily limited to, the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with revegetation, restoration of wildlife habitat, and any other applicable element of the reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

C.

In projecting final costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the city or state may need to construct with a third-party commercial company for mobilization and reclamation on the site.

D.

Where reclamation is accomplished in annual increments, the amount of financial assurances required for any one year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operation by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subsequent years of the operation shall be handled in the same manner.

E.

Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation.

F.

If a change of ownership occurs, the existing financial assurances remains in force until a replacement financial assurance is approved by the city.

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

21.86.120 - Interim management plans.

A.

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the community development department an interim management plan. The interim management plan shall fully comply with requirements of California Public Resources Code Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the conditional use permit and/or reclamation plan approval. The interim management plan shall be processed as a minor revision to the reclamation plan pursuant to Section 21.86.150 (Revisions to Reclamation Plans), and shall not be considered a project for the purposes of CEQA. The interim management plan shall only provide for the necessary measures the operator will implement during its idle status to maintain the site in compliance with the SMARA, including, but not limited to, all permit conditions.

B.

The financial assurances required by Section 21.86.110 (Financial Assurances) shall remain in effect during the period that the surface mining operation is idle. If the operation is still idle after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.

C.

Within forty-five days of receipt of the interim management plan, the city shall review the interim management plan and determine if it is consistent with this chapter. If the interim management plan is consistent, the city shall forward the plan to the supervisor of mine reclamation for review and certify to the supervisor of mine reclamation that the interim management plan is a complete submission that is consistent with this Chapter, Article 1 (commencing with Section 3500), and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. If the city determines that the interim management plan is inconsistent with this chapter, the city shall notify the operator in writing of any deficiencies in the plan. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the city, to submit a revised interim management plan.

D.

The supervisor of mine reclamation shall have thirty days after receipt to prepare written comments on the interim management plan, if he/she so chooses. The city shall review and evaluate written comments received from the supervisor related to the interim management plan, prepare a written response to the supervisor's comments describing the disposition of the major issues raised by the comments, and shall either:

1.

Describe how the city proposes to adopt the supervisor's comments on the interim management plan; or

Prepare a detailed description of the reasons why the city proposes not to adopt the supervisor's comments. The city shall submit its response to the supervisor and the operator at least thirty days prior to the intended approval of the interim management plan.

E.

Where the supervisor of mine reclamation has commented on the interim management plan, the city shall give the supervisor at least thirty days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the city, or, if no hearing is required, the city shall provide thirty days written notice to the supervisor that the city intends to approve the new interim management plan.

F.

Within thirty days following the approval of the interim management plan, the city shall provide the supervisor notice of the approval and a copy of the approved interim management plan.

G.

The zoning administrator shall approve or deny approval of the interim management plan pursuant to the process in Section 21.86.150 (Revisions to Reclamation Plans) within sixty days of receipt of the supervisor's comments or within ninety days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the city zoning administrator denies approval of the interim management plan, the operator may appeal that action to the planning commission, which shall schedule a public hearing within forty-five days of the filing of the appeal or a longer period mutually agreed upon by the operator and the city.

H.

Unless review of an interim management plan is pending before the city or an appeal is pending, a surface mining operation that remains idle for over one year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.

I.

Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan.

J.

The interim management plan may remain in effect for a period not to exceed five years, at which time the planning commission may either:

1.

Renew the plan for another period not to exceed five years which may be renewed for one other five-year period at the expiration of the first five-year renewal period, if the city finds the operator has complied fully with the interim management plan, or

2.

Require the operator to commence reclamation in accordance with its approved reclamation plan.

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

21.86.130 - Annual report requirements.

A.

The owner of a surface mining operation shall forward to the community development department and the supervisor of mine reclamation an annual report not later than a date established by the supervisor, upon forms approved by the state mining and geology board, which shall include all items provided in California Public Resources Code Section 2207(a)(1) through (16).

B.

New mining operations shall file an initial surface mining report and any applicable filing fees with the supervisor of mine reclamation within thirty days of permit approval, or before commencement of operations, whichever is sooner.

C.

Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the supervisor of mine reclamation at the time of filing the annual surface mining report.

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

A.

The community development department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 21.86.130 (Annual Report Requirements) to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and state regulations.

B.

In no event shall more than one inspection be conducted in any twelve-month period. The inspections may be made by a state-registered geologist, state-licensed civil engineer, state-licensed landscape architect, state-registered forester, or other qualified specialist who has not been employed by the mining operation in any capacity during the previous twelve months, as selected by the community development department. All inspections shall be conducted using a form developed by the division of mine reclamation and approved by the state mining and geology board that includes the professional licensing and disciplinary information of the person who conducted the inspection. The community development department shall notify the supervisor of mine reclamation within ninety days of completion of the inspection. The notice shall contain a statement regarding the surface mining operation's compliance with the SMARA and a copy of the completed inspection form, and shall specify the items listed in California Public Resources Code Section 2774(b)(A) through (D). The city shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including any inspection report prepared by the inspector. The operator shall be solely responsible for the reasonable cost of such inspection.

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

A.

Revisions to Approved Plans. Requests for revisions of approved reclamation plans shall be processed in the same manner as original applications for reclamation plan reviews pursuant to Section 21.86.080 (Process) unless they are determined to be minor modifications.

B.

Minor Revisions to Approved Plans. Applications for minor revisions may be submitted for review by the review authority in connection with the following, as long as it is not in incompatible with existing conditions and/or plans:

1.

To allow the minor recontouring of final topography, providing slope stability is maintained and substantiated, affecting no more than ten percent of the site;

2.

To allow minor modification or addition of site access;

3.

To allow a minor substitution in the reclamation plan, provided it does not substantially alter the intended end use described in the approved reclamation plan;

4.

To allow minor technological and/or administrative changes in methods used to achieve reclamation;

5.

To allow measures to be taken that will ensure and/or maintain public safety (such as fences, gates, signs or hazard removal), provided it does not substantially alter the intended end use described in the approved reclamation plan;

6.

To allow minor modifications to a previously approved phasing plan; and/or

7.

To allow interim management plans.

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

If the community development department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface operation is not in compliance with this chapter, the applicable permit and/or the reclamation plan, the city may follow the administrative procedures set forth in California Public Resources Code Sections 2774.1 and 2774.2 concerning violations and penalties, including penalties assessed for late reporting pursuant to California Public Resources Code Section 2207; however, such remedy is in addition to all of the provisions and remedies of this code, state law, and any law cognizable at common law or in equity, and nothing in this chapter shall be interpreted or construed to supersede or limit any and all other remedies, whether administrative, civil, or criminal.

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

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to processing of applications, annual reports, inspections,

monitoring, enforcement and compliance. Reasonable costs include, but are not limited to, the applicant paying the costs of hiring a third-party civil engineer to oversee compliance with the provisions of this chapter.

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

ARTICLE 9. - TERMS AND DEFINITIONS Chapter 21.90 - PURPOSE

This article provides definitions of the technical and other terms and phrases used in this title (Zoning Code) as a means of providing consistency in its interpretation. Where any definition in this article may conflict with definitions in other titles of the Municipal Code, these definitions shall prevail for the purposes of this code, except as specified in Section 21.90.030 (Other Definition Sections). If a word is not defined in this chapter or in other provisions of the municipal code, the most common dictionary definition in the American Heritage Dictionary is presumed to be correct.

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

This article is subdivided into the following chapters:

A.

Chapter 21.91 (Land Use Definitions) applies to land uses and activities identified in Table 21.32-1 (Zoning District Use Regulations) of Chapter 21.32 (Land Use Regulations in Zoning Districts)

B.

Chapter 21.92 (General Definitions) applies to all other terms used in Title 21 (Zoning Code).

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

In addition to the definitions provided in this chapter, definitions are contained in the following sections of this title. Where any definition of this article may conflict with definitions in other titles of the Municipal Code, these definitions shall prevail, except in the chapter in which they are located.

A.

Section 21.58.030 of Chapter 21.58 (Accessory Dwelling Units).

B.

Section 21.59.020 of Chapter 21.59 (Adult Business Uses).

C.

Section 21.60.020 of Chapter 21.60 (Cannabis).

D.

Section 21.64.020 of Chapter 21.64 (Short-Term Rentals).

E.

Section 21.52.020 of Chapter 21.52 (Signs).

F.

Section 21.56.020 of Chapter 21.56 (Water Efficient Landscaping).

G.

Section 21.66.020 of Chapter 21.66 (Wireless Communications Facilities).

H.

Section 21.80.030 of Chapter 21.80 (Floodplain Management).

I.

Section 21.81.030 of Chapter 21.81 (Hillside Development).

J.

Section 21.83.030 of Chapter 21.83 (Noise).

K.

Section 21.86.030 of Chapter 21.86 (Surface Mining and Reclamation).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024; Ord. No. 1151 N.S., § 5(Exh. B, § 2), 11-19-2024)

Chapter 21.91 - LAND USE DEFINITIONS

This chapter provides definitions of the land uses and activities identified in Table 21.32-1 (Zoning District Use Regulations) of Chapter 21.32 (Land Use Regulations in Zoning Districts).

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

21.91.020 - "A" definitions.

Accessory Dwelling Unit. Dwelling unit accessory to a primary dwelling unit with complete kitchen and bathroom for one or more persons regulated by Chapter 21.58 of this code.

Accessory Land Use. See "use, accessory" in general definitions (Chapter 21.92).

Adult Entertainment Uses. See Chapter 21.59 (Adult Business Uses).

Airport, Landing Strip, Helicopter, Spaceport Operations. Supply of air terminal, airfield, spaceport (site used for launching and receiving spacecrafts), and other airport, helicopter, or spaceport infrastructure operation services on a fee or contract basis.

Amphitheaters/Stadiums. Outdoor assembly facility where groups of people gather for music, sporting, and similar events.

Assembly Facility—General (Large). A facility with fifty thousand square feet or more where large groups of people gather for public or private meetings, such as convention centers. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities uses that represent more than twenty percent of overall square footage, or facilities such as day care centers and schools that are separately classified and regulated.

Assembly Facility—General (Small). A facility with less than fifty thousand square feet or more where small groups of people gather for public or private meetings, including community centers, banquet centers, civic and private auditoriums, union halls, meeting halls for clubs, and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities uses that represent more than twenty percent of overall square footage, or facilities such as day care centers and schools that are separately classified and regulated.

Assembly Facility—Religious. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy.

Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other related operations, are classified according to their respective activities.

Animal Keeping, Commercial. The commercial maintenance and caring for farm animals including bees, poultry, rabbits, sheep, goats, and cattle. See Section 21.69.040. Does not include "equestrian facilities", which is defined separately. Animal keeping that is accessory to a residential use is regulated by Section 21.69.050 (Animal Keeping, Commercial).

Auto Repair. See "vehicle services and repair".

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024; Ord. No. 1151 N.S., § 5(Exh. B, § 3), 11-19-2024)

21.91.030 - "B" definitions.

Bed and Breakfast Inn. A residential dwelling containing three to five bedrooms rented for compensation for an occupancy period of thirty consecutive calendar days or less. May include a permit issued by the county health department for food service (not constituting a restaurant operation providing for persons other than guests) and which may be used for special events only when special events are authorized by a conditional use permit issued in compliance with this code. See Chapter 21.69.060 (Bed and Breakfast Inns) for applicable regulations.

Boardinghouse. See "communal housing".

Broadcasting Studios. An establishment containing one or more studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. Does not include "wireless communication facilities", which are defined separately.

Business, Retail. See "Retail—General".

Business Support Services. Establishments providing goods and services to other businesses and individuals on a fee or contract basis, including printing and copying, advertising and mailing, office security, custodial services, photo finishing, including associated delivery services with two or fewer fleet vehicles on site.

Business, Wholesale. See "warehousing, wholesale, or distribution".

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

21.91.040 - "C" definitions.

Camping. See "rural recreation and camping".

Car Wash. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities as a primary use.

Cardrooms. Any building or structure, or any portion of a building or structure, or any premises or place where any person or persons are allowed to play commercial gambling card games as regulated by the California Gambling Control Act (Business and Professions Code Section 19800).

Caretaker Residence. A permanent dwelling unit that is secondary or accessory to a nonresidential use of the property and used for housing a caretaker employed on the site where needed for security purposes or to provide twenty-four-hour care or monitoring of people, animals, equipment, or other conditions on the site.

Cemeteries. Land primarily used for interment of human remains.

Certified Farmers Markets and Year-Round Roadside Produce Stands. Open air markets or roadside produce stands, approved by the county agricultural commissioner and county health department, in which farmers sell their crops directly to the public. Certified farmers markets are generally conducted once weekly. to participate in these markets, farmers must obtain a certificate from the county agricultural commissioner verifying that they grow the items they sell. Does not include "outdoor temporary and/or seasonal sales", which are defined separately.

Cocktail Lounges and Bars. Any establishment that sells or serves alcoholic beverages for consumption on the premises as the primary use. Includes establishments that may operate as a different use during portions of the day and as a cocktail lounge or bar during another portion of the day. Includes any connected area that is owned, leased, or rented, or controlled by the licensee. May include dancing and live amplified entertainment. Includes stand-alone tasting rooms where alcoholic beverages from multiple vendors are sold and consumed on-site. Does not include "adult entertainment businesses", or "tasting rooms", which are defined separately.

Commercial Animal Keeping. See "animal keeping, commercial."

Commercial Kitchen. A food establishment where food is stored, prepared, portioned, or packaged for service elsewhere, and from which vending vehicles selling food may be serviced.

Commercial Recreation Facility—Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including bowling alleys, coin-operated amusement arcades, dance halls, clubs and ballroom, electronic game arcades (video games, pinball, etc.), ice skating and roller skating, pool and billiard rooms as primary uses. Does not include "adult entertainment uses", "cardrooms", or "theatres", which are defined separately.

Commercial Recreation Facility—Outdoor. Establishments providing permanent outdoor amusement and entertainment services for a fee or admission charge, including amusement parks, golf courses, driving ranges, gocart courses, tennis courts, pools, and waterslides. Does not include "amphitheaters", "hot springs resort/spa", "temporary uses" (e.g., circuses, carnivals, fairs, festivals and concerts), or "public parks and recreation facilities", which are defined separately.

Communal Housing. Shared living quarters without separate kitchen facilities for each room or unit, where five or more rooms or beds are rented individually to tenants under separate rental agreements, with or without meal service included. This classification includes convents and monasteries, rooming and boarding houses, dormitories, heavy cooperatives, and other types of organizational housing intended for long-term occupancy (more than thirty

consecutive calendar days) but excludes transient occupancy uses, and "residential care facilities", "supportive housing", and "transitional housing", which are defined separately.

Composting, Green Waste Facility. A solid waste facility that utilizes a controlled biological process of degrading nonhazardous solid waste. A facility may include materials processing and hauling equipment; structures to control drainage; and structures to collect and treat leachate; and storage areas for the incoming waste, the final products, and residual materials.

Contracted Services. Establishments or places of business primarily engaged in construction and maintenance activities, such as plumbing, heating and air conditioning, janitorial, and pest extermination.

Crop Production and Processing. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing, but not cooking. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. Excludes uses for which other garden, nursery or landscape merchandise are stored and sold on the site. This use classification excludes "food and kindred products processing" and "wineries, breweries and distilleries", which are defined separately.

Cultural Institutions. Institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes buildings of an educational, charitable, or philanthropic nature; libraries; museums; historical sites; art galleries, and art studios for painters, sculptors, and other artists. This use classification excludes "broadcasting studios", which is defined separately.

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

Day Care Center. Establishments providing non-medical care for persons on a less than twenty-four-hour basis other than "family day care home". This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the state of California. Such use must comply with all applicable state regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a day care center. See also "family day care home".

Domestic Violence Shelter. See "emergency shelters—domestic violence".

Drive-Through Facilities. Facilities where services and purchases of minor items may be obtained by motorists without leaving their vehicles. Examples of such facilities include drive-up bank teller windows, pharmacies, dry cleaners, coffee kiosks and other similar uses. Excludes "drive-through restaurants", which are defined separately.

Drive-Through Restaurants. See "restaurants—drive through".

Dwelling. See "single-family dwelling", "multi-family dwelling", "accessory dwelling unit", and "urban dwelling unit".

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

Electricity Generation and Storage Facilities. Solar farms, battery energy storage systems (BESS), and similar uses as a primary use. Does not include standard electrical transmission poles and lines, which are defined as "public utilities facilities, major or minor". Does not include solar panels or other accessory electrical generation that is accessory to an approved residential use.

Employee Housing—Small. Employee housing per Section 17021.5 of the California Health and Safety Code for six or fewer employees. See Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.

Employee Housing—Large. Employee housing per Section 17021.6 of the California Health and Safety Code consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household. See Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.

Emergency Shelter—General. Housing with minimal supportive services for homeless persons that is limited to occupancy of one hundred eighty days per calendar year or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (California Health and Safety Code Section 50801(e).

Emergency Shelter—Domestic Violence. A residential facility serving as a center to receive and house persons who are victims of domestic violence, including dependents of the victim, to provide temporary boarding, lodging, counseling, and day care, limited to occupancy of six months or less.

Emergency Shelter—Low Barrier Navigation Center. A Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See California Government Code Section 65660.

Equestrian Facility. Commercial establishment for the maintenance, boarding, training, or competing of horses. May also include riding academies and schools, boarding stables, and exhibition facilities.

Equipment Rental. Outdoor storage of construction, special event, and similar equipment for rental together with incidental maintenance. Does not include outdoor storage without rental as a primary use.

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

21.91.070 - "F" definitions.

Family Day Care Home. A day-care facility for children under the age of eighteen for periods of fewer than twenty-four hours a day licensed by the state, which is located in a dwelling unit, where a resident of the dwelling provides care and supervision for fourteen or fewer children (or capacity limits as set forth by the state, including children who reside at the home and are under the age of ten. See Health and Safety Code Section 1596.78. For larger and commercial facilities see "Day Care Center".

Farmers' Market. See "certified farmers market and year-round roadside produce stands".

Financial Institutions. A bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money. Does not include check cashing stores.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption including groceries, supermarkets, mini-marts, delis, liquor stores, specialty food stores.

Food and Kindred Products Processing. Facilities that cook, manufacture, package, label, or store food and related products including animal processing for consumption off site but do not provide products directly to a consumer. Uses do not include any retail components unless such retail sales are permitted in the applicable zoning district. This use classification excludes "wineries, breweries and distilleries", which is defined separately. see also "industrial - artisan" for small scale facilities that include onsite sales.

Food Truck. A vending vehicle selling food and/or beverages in an operable motorized coach or trailer with current department of motor vehicles registration and a current food safety permit acceptable to the San Luis Obispo County Environmental Health Services Division.

Food Truck Court. An area designated for two or more food trucks to park for the purpose of selling food and beverages.

Fuel Sales. See "vehicle fuel sales" and "vehicle charging station".

Funeral Services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses may include crematories, columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.

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

Garage, Automotive. See "vehicle services and repair."

Gasoline Service Station. See "vehicle fuel sales and accessory service."

Government Buildings and Facilities. A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public; in some circumstances, government buildings and facilities may not be open to the public. Does not include government operated day cares, schools, hospitals and similar uses.

Grazing, Temporary. The temporary use of animals for vegetation management typically for fire prevention, not exceeding six months in any year.

Group Care Homes. See "residential care facilities—limited".

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

Home Occupation Business. The conduct of a business within a dwelling unit or residential site with the business activity being subordinate to the residential use of the property.

Homeless Shelter. See "emergency shelter".

Hospital. See "medical services—hospitals".

Hot Springs/Resort Spa. Establishments providing health and beauty treatment through such means as built-in spas, steam baths, and saunas as a primary use. Does not include "Lodging", which is defined separately.

Hotels and Motels. Any building or portion thereof containing six or more guest rooms rented for compensation for an occupancy period of thirty consecutive calendar days or less.

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

Industrial—Artisan. The small-scale (no more than five thousand square feet) manufacture and/or processing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects; that generates limited associated trucking activity; and includes retail sales of the goods produced on site. Includes activities such as jewelry making, art glass, ceramics, paintings, sculpture, small-scale woodworking, smallscale food production, and other maker spaces.

Industrial—Heavy. The manufacture and/or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often

sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies. Includes activities such as processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, and distribution of the parts or products. This classification does not include "recycling collection centers", which is defined separately.

Industrial—Light. The manufacture and/or processing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light industries generally require limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of electronic instruments, equipment, and appliances; pharmaceutical manufacturing; and production apparel manufacturing. Includes activities such as processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, and distribution of the parts or products.

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

Junkyard. The use of more than one hundred square feet of the area of any lot for the storage of junk, including scrap metals, salvage, or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

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

Kennel. The commercial provision of shelter/kenneling of four or more dogs, cats, and other household animals, including activities associated with such shelter (e.g., feeding, exercising, grooming, and incidental medical care).

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

Living Groups. See "communal housing".

Lodging. See "bed and breakfast inn", "hotels and motels", "recreation vehicle parks", and "rural recreation and camping".

Low Barrier Navigation Center. See "emergency shelter—low barrier navigation center".

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

Massage Parlor. See "personal services—restricted".

Medical Services—Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples include medical offices of five or more licenses practitioners and/or medical specialties, out-patient care facilities, urgent care facilities, and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Offices, Professional/Administrative".

Medical Services—Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, paramedical tattooing accessory to a medical clinic, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under "medical services, clinic, urgent care".

Medical Services—Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including accessory facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Mobile Home Park. A place, area, or tract of land for the long-term accommodation of two or more mobile homes, including habitation by households. This use does not include "recreational vehicle parks" or "mobile home sales" or "vehicle storage lots", which are defined separately.

Mobile Home Sales. The sale of new or used mobile, manufactured, or modular housing. Does not include the sale of recreational vehicles, which is included in "vehicle sales", defined separately.

Multi-Family Dwelling. A building or portion thereof used and designed as a residence for two or more households living in separate dwelling units each with a kitchen. Types of multi-family residential dwellings include apartments, rowhouses, townhouses, flats, and senior housing developments.

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

Nurseries and Garden Centers—Heavy Equipment. Establishments primarily engaged in retailing nursery and garden products in bulk (not packaged), including soil, fertilizer, hay, etc. This classification also includes farm supply and feed stores that deliver or provide fertilizer and soil products in bulk, nonpackaged form.

Nurseries and Garden Centers—Retail. Establishments primarily engaged in retailing nursery and garden products— such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale. This classification also includes farm supply and feed stores, with products stored and solid in package form.

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

Office—Professional/Administrative. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, real estate agents, insurance agents, architectural, computer software design, engineering, graphic design, interior design, investment advisors and brokers, insurance offices, legal offices, real estate and mortgage offices and services, and tax preparation offices. This use classification excludes "financial institutions", which is defined separately.

Outdoor Storage as an Accessory Use. Any materials, products, vehicles, equipment of supplies that are not totally enclosed within a building.

Outdoor Temporary and/or Seasonal Sales. The temporary outdoor use of property for retail sales for a specified duration of time including but not limited to Christmas tree and pumpkin sales.

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

Parking Facilities. A public or private space dedicated to accommodating vehicle parking stalls, backup area, driveways, and aisles and in which vehicle parking is the primary use of the site. Includes surface parking lots and parking structures/garages.

Personal Services—General. Establishments providing non-medical services to individual as a primary use. Examples of these uses include barber and beauty shops, clothing, rental, dry cleaners, home electronics and small appliance repair, locksmiths, fortune tellers, pet grooming with no boarding, psychics, shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided.

Personal Services—Restricted. Personal services that may tend to have a potentially offensive effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include check cashing stores, massage (licensed, therapeutic, non-sexual), and tanning salons. Does not include tattoo parlors, which are defined separately (see "tattoo parlor").

Professional Office. See "offices, professional/Administrative".

Public Parks and Recreation Facilities. Non-commercial parks, playgrounds, recreation facilities, trails, wildlife preserves and related open spaces, playing fields, courts, gymnasiums, public swimming pools, picnic facilities, tennis courts, and public golf courses, botanical gardens, as well as related food concessions or community centers within the facilities, which are open to the public, maintained by a public entity, and intended for neighborhood or community use. Does not include "commercial recreation facilities, indoor" and "commercial recreation facilities, outdoor", which are defined separately.

Public Utilities Facilities—Major. Electrical substations, generating plants, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Public Utilities Facilities—Minor. Facilities necessary to support established public utilities involving only minor structures, such as substations, pump stations, switching and relay boxes, transmission lines, poles, towers, and public underground water and sewer lines.

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

21.91.180 - "Q" definitions.

Reserved.

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

21.91.190 - "R" definitions.

Recreational Vehicle Parks. Recreational areas operated and used as transient lodging and overnight stays for recreational vehicles for a period of thirty consecutive calendar days or less. Does not include "mobile home parks", which are defined separately.

Recycling Collection Centers. A facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper or clothing or other items for recycling purposes conducted totally within an enclosed structure or container. The term does not include processing (except for "can banks" that crush cans as they are deposited), which is included in "industrial, heavy", defined separately.

Religious Assembly Facility. See "assembly facility - religious."

Residential Care Facilities. Facilities that are licensed by the state to provide permanent living accommodations and twenty-four-hour primarily non-medical care and supervision for persons in need of personal services, supervision, or

assistance with daily tasks. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions. Does not include "transitional housing" and "supportive housing" which are defined separately.

Residential Care—Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, and recreational and social activities. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. These facilities may include medical services. Examples include assisted living facilities, convalescent care, nursing homes, skilled nursing, retirement homes, and retirement communities. The residents in these facilities may require varying levels of assistance. Facilities with six or fewer persons are included in "residential care, limited", which is defined separately.

Residential Care—General. A facility that is located in a residence and licensed by the state to provide care for more than six persons.

Residential Care—Limited. A facility that is located in a residence and licensed by the state to provide care for six or fewer persons.

Resource Extraction. Removal (or mining) of resources from the land including the extraction of sand, gravel, clay, shale, limestone, or any other deposit for profit.

Restaurants. A facility where food is prepared and served on the premises, which may include the sales of alcoholic beverages for consumption on the premises at the same time as food is consumed. Takeout or delivery service may be provided. This use includes micro-breweries, where the sale and consumption of alcoholic beverages are accessory to on-site food service. This classification also includes catering businesses or bakeries that have a storefront retail component. Does not include "cocktail lounges and bars", "commercial kitchens", "tasting rooms", or "Restaurants—Drive-through", which are defined separately.

Restaurants—Drive-through. A facility where food is prepared and served on the premises, and which also allows motorists to order and purchase food without leaving their vehicles.

Retail—General. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes department stores, and businesses retailing goods such as: clothing, furniture, pet supplies, hardware, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies , medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, appliances, antiques, secondhand goods, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Does not include "retail, secondhand goods with donation drop off" or "retail—restricted", which are defined separately.

Retail—Restricted. Retail uses that may tend to have a potentially offensive effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include tobacco/smoke/vape shops and pawn shops, but do not include adult businesses, which are regulated by Chapter 21.59 (Adult Business Uses), nor cannabis retail, which is regulated by Chapter 21.60 (Cannabis).

Retail—Secondhand Goods with Donation Drop Off. The retail sale of secondhand goods that also includes a donation drop-off on the same premises.

Roominghouse. See "communal housing".

Rural Recreation and Camping. Includes dude and guest ranches; hunting and fishing clubs; recreational camps (including incidental RV camping, but not RV parks); group or organized camps and incidental seasonal camping

areas without facilities. Does not include "equestrian facilities" including riding academies and schools, boarding stables, and exhibition facilities, which are defined separately.

RV Parks. See "recreational vehicle parks".

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

21.91.200 - "S" definitions.

School—Business, Trade. Public or private post-secondary schools providing occupational or job skills training for specific occupations, including business and computer schools, trade schools and apprenticeship programs, management training, and technical training schools. Excludes personal instructional services such as music lessons and tutoring.

School—Private. Any private institution of learning, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education, including any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior college, four-year college or university, or any special institution of learning under the jurisdiction of the state department of education.

ourses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education, including any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior college, four-year college or university, or any special institution of learning under the jurisdiction of the state department of education.

School—Public. Any public institution of learning, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education, including any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior college, four-year college or university, or any special institution of learning under the jurisdiction of the state department of education.

Self-Service Petroleum Sales. See "vehicle fuel sales and accessory services".

Self-Storage Facility. A facility divided into individual compartments offering enclosed storage with individual access for personal effects and household goods intended to be used principally to provide rental spaces to the general public, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

Senior Housing. Senior housing is a congregation of age-restricted "apartment-type" living units with kitchen facilities in each unit of which there is at least one occupant who is a minimum age of fifty-five.

Sidewalk Vendor. A person who sells food or merchandise from a vending vehicle (including a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance), or from one's person, upon a public sidewalk or city park consistent with Subsection 21.20.040(B) and California Government Code Sections 51036 through 51039.

Single-Family Dwelling. A structure designed for occupancy by one household with only one indoor kitchen, which is not attached to other dwelling units, other than an accessory dwelling unit, and not located on a lot with commercial uses. This definition also includes individual manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section 18551.

Supportive Housing. Housing with no limit on length of stay that is occupied by the target population, and linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community as defined by California Government Code Section 65582(f), as may be amended from time to time). A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include—among other populations—adults,

rom time to time). A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include—among other populations—adults,

emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing may be designed as a residential group living facility or as a regular residential use and includes both facilities that provide on-site and offsite services.

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

Tasting Room. An establishment that offers wine for the sampling or tasting of agricultural products grown, produced, or processed in the surrounding region. Tasting rooms may include food sales as an accessory use. For uses that include manufacturing, see "wineries, breweries and distilleries", which is defined separately.

Tattoo Parlor. An establishment where the act of tattooing or body piercing of humans takes place. This includes tattooing or body piercing as a primary or accessory use. For permanent makeup and ear piercing as an accessory use, see "personal services".

Temporary Uses. A use that is designed, operated, and occupies a site for a limited specified period of time.

Theater. An indoor facility where movies or live performances are shown for public entertainment.

Transit Facility. A facility or location with the primary purpose of transfer, loading, and unloading of passengers and baggage. May include facilities for the provision of passenger services such as ticketing, restrooms, lockers, waiting areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and incidental repair. Includes rail and bus terminals but does not include terminals serving airports, heliports, or spaceports.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the program as defined by California Government Code Section 65582(h), as may be amended from time to time.

Truck Stop. Any establishment engaged in the maintenance, servicing, storage or repair of commercial vehicles or rendered including the dispensing of motor fuel or petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodation and restaurant facilities solely for the use of truck crews.

Truck Terminals. A building, structure or place where, for the purpose of a common carrier, trucks or transports are rented, leased, kept for hire, or stored, or parked for remuneration or from which trucks or transports are dispatched.

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

Urban Dwelling Unit. Dwelling unit accessory to a primary dwelling unit with complete kitchen and bathroom for one or more persons regulated by California Government Code Section 65852.21 and Chapter 21.65 (Urban Dwelling Units) of this code.

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

Vehicle Charging Station. An establishment engaged in the retail sale of electricity as a vehicle fuel as a primary use. Does not include accessory uses such as retail or food sales, vehicle repair services, sales of vehicle parts or equipment, or vehicle washing. Vehicle charging stations with accessory uses are defined as "vehicle fuel sales and

accessory service". Does not include electric vehicle charging stations that are located within a parking area associated with and accessory to another allowed use.

Vehicle Fuel Sales and Accessory Service. An establishment engaged in the retail sale of vehicle fuels (gasoline, diesel fuel, compressed natural gas, or other fuels for motor vehicles are sold to the public on a retail or wholesale basis); or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or accessory retail and grocery sales and automated vehicle washing. Does not include electric vehicle charging stations as a primary use, which are defined separately as "vehicle charging station". Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see "vehicle services and repair"). Does not include electric vehicle charging stations that are located within a parking area associated with and accessory to another allowed use.

Vehicle Rental and Accessory Services. Rental of automobiles, motorcycles, mopeds, motorized scooters, recreational vehicles, trucks, and similar vehicles and equipment powered by a motor, including on-site storage and incidental maintenance that does not require pneumatic lifts or tools.

Vehicle Sales. A retail establishment selling new or used automobiles, motorcycles, recreational vehicles, trucks, boats, farm equipment, and similar vehicles, as well as any use that requires approval from the California Department of Motor Vehicles for vehicles displayed outdoors. May also include the sale, installation, and servicing of related equipment and parts incidental to vehicle dealerships.

Vehicle Services and Repair—Car Wash. See "car wash".

Vehicle Services and Repair—Major Repair/Body Work. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than ten thousand pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than ten thousand pounds). Examples of uses include fullservice motor vehicle repair garages; body and fender shops; servicing of cooling and air conditioning, electrical, fuel and exhaust systems; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; engine tune-ups; brake shops; machine shops, painting shops; towing services, and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping.

er shops; servicing of cooling and air conditioning, electrical, fuel and exhaust systems; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; engine tune-ups; brake shops; machine shops, painting shops; towing services, and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping.

Vehicle Services and Repair—Minor Repair/Maintenance. Minor repair and maintenance of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than ten thousand pounds) including detailing as an accessory use, installation of electronic equipment (e.g., alarms, audio equipment, etc.); relining and repairs; oil and air filter replacement; smog checks; and installation of window film, and similar accessory equipment.

Vehicle Storage Lots. The storage of operative or inoperative vehicles. These uses include storage of towed vehicles, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling or offsite parking, which are separately defined as "parking facilities".

Veterinarian. Establishments where household animals receive medical and surgical treatment and may be temporarily boarded indoors in association with such medical or surgical treatment only. Does not include "kennels, pet boarding", which is defined separately.

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

21.91.240 - "W" definitions.

Warehousing, Wholesale and Distribution. Facilities for indoor storage; distribution; or sale of goods to other firms for resale, business-to-business sales, and sales to individual consumers through mail or internet orders without sales to the public on-site or direct public access. This use normally operates from a warehouse or office having little or no

display of merchandise and are not designed to solicit walk-in traffic. This classification excludes the storage of hazardous chemical, mineral, and explosive materials. Does not include personal storage (mini storage) facilities offered for rent or lease to the public ("self storage").

Wineries, Breweries, and Distilleries. An establishment, which as the primary use produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on-site. Also includes incidental sale of beverages for on-site and off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Establishments may provide food service that is subordinate to the production and sale of alcoholic beverages.

Wireless Communication Facilities. Facilities that transmit and/or receive 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)

21.91.250 - "X" definitions.

Reserved.

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

21.91.260 - "Y" definitions.

Reserved.

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

21.91.270 - "Z" definitions.

Reserved.

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

Chapter 21.92 - GENERAL DEFINITIONS

21.92.010 - "A" definitions.

Abutting. Contiguous to and having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, street, easement, or waterway). See also "Adjacent."

Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.

Accessory Building. See "structure, accessory".

Accessory Structure. See "structure, accessory".

Accessory Use. See "use, accessory".

Addition. Construction which extends or increases the building envelope.

Addition, Major. An addition equivalent to ten percent or more of the existing building square footage or ten thousand square feet, whichever is greater.

Addition, Mid-Size. An addition equivalent to less than ten percent of the existing building square footage or ten thousand square feet, whichever is greater.

Addition, Minor. An addition of less than one thousand square feet that is not visible from the public right-of-way.

Agricultural Land. All real property located within the agricultural zoning district of the city currently used for agricultural operations, or upon which agricultural operations may in the future be established.

Agricultural Operations. Any agricultural activity, operation, facility, or appurtenances thereof, and shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity, including viticulture, apiculture or horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

Adjacent. The condition of being near to or close to but not necessarily having a common dividing line. Two properties that are separated by an alley, public or private right-of-way public access easement, or creek, river, stream, or other natural or artificial waterway shall be considered as adjacent to one another. See also "abutting".

Adjoining. See "abutting."

Alley. A low capacity thoroughfare with one shared lane and no parking lanes, designed and intended for service and/or secondary access purposes (the rural version of an alley is a "lane").

Alter/Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

Amend/Amendment. A change in the wording, context, or substance of this zoning code, or a change in the zone boundaries upon the zoning map which is a part of this title, in the manner prescribed by the zoning code.

Ancillary. See "accessory."

Annex/Annexation. To incorporate a land area into an existing district or municipality, with a resulting change in the boundaries of the annexing jurisdiction.

Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

Arcade. A frontage type where the facade is a colonnade on the ground floor that overlaps a walkway parallel to the front elevation of a building.

Articulation. The breaking up of a flat and uniform building façade by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies.

Artificial Turf. A man-made material that simulates the appearance of live turf, organic turf, grass, sod, or lawn.

Attached, Structure. An addition to a building or two buildings shall be considered attached when they share a common roof structure or a common wall.

Awning. A sheet of canvas or other material attached to a structure, stretched on a frame (that does not have a post that is located on the ground), and used to keep the sun or rain off a storefront, window, doorway, or deck.

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

Balcony. A projecting platform on a building that is accessible from the building's interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.

Bay Window. A window or series of windows projecting from the outer wall of a building and forming a recess within.

Bedroom. Any habitable room with no less than seventy square feet of floor area and no dimension less than seven feet, in a dwelling, with at least one wall located along an exterior wall with a window that can be used for emergency egress, and equipped with ventilation, heating, smoke detector and carbon monoxide detector. Egress window requirements shall be based on the California Building Code requirements at the time of original construction of the room.

Block. The aggregate of private lots, passages, common drives and, lanes, circumscribed by thoroughfares.

Block Frontage. See "frontage, block".

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials.

Building, Accessory. See "structure, accessory".

Building, Main. See "structure, primary".

Building Code. Any ordinance or regulations of the city governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other state-adopted uniform codes.

Building Footprint. See "footprint".

Building Height. See "height".

Building Official. The building official of the city of Paso Robles, or his or her designee.

Building Site. A parcel of land occupied or to be occupied by a primary structure and accessory structures together with such open spaces as are required by the terms of this zoning code and having its principal frontage on a street, road, highway, or waterway.

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

21.92.030 - "C" definitions.

California Environmental Quality Act (CEQA). Public Resources Code §§ 21000 et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§ 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

Canopy. A sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood, or plastic or any other similar material, and generally used for the shielding or protection of vehicles or other equipment stored outside. Canopies include but are not limited to prefabricated canopies ready-made for simple assembly and

uch as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood, or plastic or any other similar material, and generally used for the shielding or protection of vehicles or other equipment stored outside. Canopies include but are not limited to prefabricated canopies ready-made for simple assembly and

canopies which are built, constructed, or composed of parts joined together in some definite manner. Canopies also include material that is supported by or attached to a natural feature, such as a tree. This definition excludes awnings attached to structures as defined in Section 21.92.010 ("Awnings").

Canopy, Large. Canopy with a floor area of more than one hundred twenty square feet.

Canopy, Small. Canopy with a floor area of one hundred twenty square feet or less.

City. The city of Paso Robles.

City Council. The city council of the city of Paso Robles.

Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

Combining District. A zoning district in which the general zoning district regulations are combined with supplemental regulations and indicated on the zoning map, such as R-1, B-5.

Commercial Vehicle. Any vehicle (self-propelled and/or a towable trailer with equipment) that is used for the transportation of goods.

Commission. See "planning commission".

Community Development Department. The community development department of the city of Paso Robles.

Community Development Director. The community development director of the city of Paso Robles or his/her designee.

Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.

Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the review authority to alter or modify a project in any manner from the description in the application originally submitted for city approval.

Conditional Use. A use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.

Conditional Use Permit. A discretionary permit that may be granted to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the review authority.

Conditionally Permitted. Allowed subject to approval of a conditional use permit.

Cornice. A molded and projecting horizontal feature that crowns a façade.

Cooking Facilities. See "Kitchen".

County. The county of San Luis Obispo.

Courtyard. An open space, unobstructed from the ground to the sky, that is bounded on two or more sides by the walls of a building that is on the same lot.

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

Deck. A platform, either freestanding or attached to a building, which is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a "balcony" and "patio."

Demolition. The destruction, dismantling or removal of a building or structure, or substantial portion of a building or structure so that it constitutes a demolition pursuant to the provisions of this title.

Density. The number of residential density units per acre of land (du/ac). Paragraph 21.41.080(A)2. (Fractional Density) allows for the use of fractional density units to provide additional dwelling units for multi-family housing. When not specifically stated as density units, the term "unit(s)" shall mean dwelling units (each physical unit and not a fraction thereof). See also Section 21.41.080 (Determining Density) and the definition for "dwelling unit".

Detached Accessory Structure. See "structure, accessory detached".

Detailing. The cleaning and restoring of the exterior of a motor vehicle or mobile equipment, limited to minor washing, spot cleaning, touch-up coating, glass repair, and application of waxes, shines, and polishes. Excludes major washing of vehicles as performed in a car wash.

Developable Area. See Section 21.41.070 (Determining Developable Area).

Development. Any manmade change to improved or unimproved real estate including, but not limited to, the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

Development Agreement. An agreement between the city and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 21.12 (Development Agreements).

Development Plan. A discretionary development review process of major development projects. See Chapter 21.16 (Development Plans).

Development Review. See Chapter 21.15 (Development Review).

Development Standard. A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

Director. See "community development director".

District. See "zoning district".

Dormer. A vertical window that projects from a sloping roof, which may be gabled or hipped.

Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.

Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Includes manufactured homes. Excludes tents, cabins, boats, trailers, recreational vehicles, dormitories, labor camps, hotels, and motels. See also

"single-family dwelling", "multi-family dwelling", "accessory dwelling unit", "urban dwelling unit", "manufactured home", and "tiny home".

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

Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Emergency Vehicle. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines, and all essential services.

Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA).

Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.

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

21.92.060 - "F" definitions.

Façade. Any exterior face or wall of a building.

Family. One or more persons, related or unrelated, living together as a single household in a dwelling unit.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Fence. Any horizontal or vertical structural device forming a physical barrier intended to separate properties, retain soil materials, and provide security; or as defined by the building official. Fences may also be walls, hedges, and screen plantings, or constructed from wood, mesh, metal, chain, brick, stakes of plastic or similar materials.

Flat Roof. See "roof, flat".

Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section 21.41.090 (Determining Floor Area).

Footprint. The area of the ground surface occupied by an existing or proposed structure, measured from exterior wall to exterior wall at the base of the structure.

Forecourt. Open area in front of a building's entrance surrounded by walls on at least three sides.

Freestanding Solar Collectors (Photovoltaic Systems). A device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, or electrical energy. Includes freestanding carport solar canopies.

Front Setback. See "setback, front".

Frontage, Block. All property fronting on one side of a block.

Frontage, Building. The architectural element of a building between the public right-of-way and the private property associated with the building entryway."

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

21.92.070 - "G" definitions.

Gable Roof. See "roof, gable".

Garage. An accessory structure or portion of a main structure, enclosed on three or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

General Massing Break. See "massing break".

General Plan. The general plan of the city of Paso Robles.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

Government Code. The Government Code of the state of California.

Grade. The location of the ground surface.

Gross Floor Area. See "floor area".

Ground Floor. The first floor of a building other than a basement that is closest to finished grade.

Guest House. A detached accessory building located on the same parcel as the main building with no utilities metered separately from those furnished to the main building, having no kitchen facilities, not used as a separate dwelling unit, and used only by the household occupying the main building, or by temporary guests of such main building occupant without charge or valuable consideration for such use.

Guest Room. Any room or group of rooms used or intended to be used by a guest or single party of guests in a commercial lodging use. A guest room may include several sleeping rooms. A guest room includes at least one bathroom. Bedrooms are defined separately for short-term rentals (see Chapter 21.64 [Short-Term Rentals]) and Bed and Breakfast Inns (See Section 21.69.060 [Bed and Breakfast Inns]).

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

21.92.080 - "H" definitions.

Habitable Space. Any structure, property, or space that is constructed for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. Does not include garages or similar accessory spaces. See also California Building Code.

Hardscape. Areas covered with impervious surfaces including but not limited to buildings, driveways, parking lots, patios, sidewalks.

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Section 21.41.040 (Measuring Height).

Hipped Roof. See "roof, hipped".

Historic District. A historic district is a significant concentration, linkage, or continuity of buildings, structures, objects, or sites unified historically or aesthetically in a distinguishable way or in a geographically definable area.

Historic Landmark. A historic landmark is a building, structure, object, or site on a state or federal historic registry, or on the state historic resources inventory (with a California Historic Resource Status Code of 1-5).

Historic Resources. A building, structure, object, or site of scientific, aesthetic, educational, cultural, architectural, or historical significance to the property owner, city, region, state, or nation, which may be eligible for local designation for historic preservation by the city pursuant to the provisions of Chapter 21.62 (Historic Preservation).

Historic Resources Inventory. A document containing a listing of buildings, structures, objects, and sites that are designated historic resources due to individual historic significance with character defining features, integrity of location, design, setting, materials, workmanship, feeling, or association, that meets certain criteria as described in Chapter 21.62 (Historic Preservation).

Historic Signs. A sign of historical significance that meets certain conditions as described in Chapter 21.62 (Historic Preservation).

Home Occupation Permit. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions of this zoning code and Chapter 21.21 (Home Occupation Permits).

Horizontal Wall Plane Variation. See "wall plane variation, horizontal".

Household. See "family".

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

21.92.090 - "I" definitions.

Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

Improvement. An object affixed to the ground other than a structure.

Impervious Surface. Artificial structures—such as pavements (roads, sidewalks, driveways and parking lots, as well as industrial areas such as airports, ports and logistics and distribution centers) that are covered by impenetrable materials such as asphalt, concrete, brick, stone, etc.

Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate-income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the San Luis Obispo County median income levels by family size. These income limits are equivalent to the following:

Extremely Low Income Household. Under thirty percent of area median income, adjusted for household size appropriate for the unit.

Very Low Income Household. Thirty to fifty percent of area median income, adjusted for household size appropriate for the unit.

Low Income Household. Fifty to eighty percent of area median income, adjusted for household size appropriate for the unit.

Moderate Income Household. Eighty to one hundred twenty percent of area median income, adjusted for household size appropriate for the unit.

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

21.92.100 - "J" definitions.

Reserved.

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

21.92.110 - "K" definitions.

Kitchen. Food preparation areas that have a sink and an appliance for the heating and cooking of food.

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

21.92.120 - "L" definitions.

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earthpatterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Lintel. A horizontal element over an opening, often found spanning doors or windows. Lintels can be structural/load bearing or ornamental.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the county of San Luis Obispo, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

Abutting Lot. A lot having a common property line, not separated by a public path or lane, private street, or easement to the subject lot.

Corner Lot. A lot situated at the intersection of two or more streets, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees.

Flag Lot. A lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street of access.

Interior Lot. A lot other than a corner lot.

Reversed Corner Lot. A corner lot, corner lot whose street side lot line is substantially a continuation of the front lot line of a lot to its rear.

Through Lot. A lot having frontage on two parallel or approximately parallel streets.

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Figure 21.92.120-1: Lot Types

==> picture [286 x 209] intentionally omitted <==

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Lot Coverage. See Section 21.41.100 (Determining Lot Coverage).

Lot Depth. See Section 21.41.050 (Measuring Lot Width and Depth).

Lot Line. See "property line".

Lot Size. The area of a lot measured horizontally between bounding lot lines. Lot sizes do not include fee or easement dedications for public street purposes.

Lot Width. See Section 21.41.050 (Measuring Lot Width and Depth).

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

21.92.130 - "M" definitions.

Major Addition. See "addition, major".

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home" shall have the same definition as set forth in California Health and Safety Code Section 18007(a), as it may be amended from time to time.

Massing. The three-dimensional bulk of a structure: height, width, and depth.

Massing Break. Recess/projection measured from the building footprint with minimum dimensions of one foot in depth by three feet in length by eight feet in height.

Mechanical Equipment. Equipment used to provide mechanical and/or plumbing functions, including, but not limited to, ventilation fans, heating, cooling and air conditioning equipment, generators, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment.

Mid-size Addition. See "addition, mid-size".

Mined lands. Includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

Minor Addition. See "addition, minor".

Mixed-use. A development that has both commercial and residential land uses.

Mobile Home. A structure manufactured prior to June 15, 1976 that is designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. It does not include recreational vehicles or travel trailers. See "manufactured home" for mobile homes built after June 15, 1976. "Mobile home" shall have the same definition as set forth in Civil Code Section 798.3, as it may be amended from time to time.

Mobile Vendor. A vending vehicle that sells food or food products that may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. See Section 12.32.140 (Unlawful parking - Peddlers, vendors). Does not include "sidewalk vendors" or "food trucks".

Modification. A discretionary action to allow specified exceptions to specified development standards of this zoning code for the purpose of creating flexibility in implementing those standards to accommodate unique design approaches and to recognize unique physical conditions present on individual parcels. See development plan modification (Section 21.16.020) and site plan modification (Section 21.17.020).

Motel. See "hotels and motels".

Municipal Code. The city of Paso Robles Municipal Code.

Mural. Any work of visual art painted or applied directly on a wall, ceiling, or other large permanent surface. See also Chapter 21.63 (Murals).

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

21.92.140 - "N" definitions.

Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Nonconforming Building or Structure. A building or structure that was lawful when brought into existence, but because of subsequent amendment to this title, or annexation into the city, could not be built because of restrictions on area, lot coverage, height, yards, setbacks, parking, design requirements, location on a lot, type or construction, or other similar requirements concerning the structure.

onforming Building or Structure. A building or structure that was lawful when brought into existence, but because of subsequent amendment to this title, or annexation into the city, could not be built because of restrictions on area, lot coverage, height, yards, setbacks, parking, design requirements, location on a lot, type or construction, or other similar requirements concerning the structure.

Nonconforming Lot. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.

Nonconforming Use. Any use of land or activity that was lawfully established and in compliance with all applicable ordinances and laws at the time such use was initiated but which, due to subsequently enacted ordinances or laws,

no longer complies with the applicable regulations and standards for the zone in which the use is located.

Nuisance. The meaning ascribed to that term in California Civil Code Section 3479. California Civil Code Section 3479 reads, in part, as follows: "Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property is a nuisance."

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

On-Site. Located on the parcel that is the subject of discussion.

Open Space.

Open Space, Private. Privately-owned or controlled outdoor space for use by a single unit's residents or a single business's workers or customers, accessible by secured access only.

Open Space, Shared. The total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests.

Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

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

21.92.160 - "P" definitions.

Parcel. The basic unit of land entitlement. A designated area of land established by plat, subdivision, or otherwise legally defined and permitted to be used or built upon. See also "lot".

Parking Area. A space dedicated to accommodate any parking and loading space/stalls, loading area, backup area, driveways, and aisles.

Parking, Bicycle. A covered or uncovered area equipped with a rack or racks designed and usable for the secure, temporary storage of bicycles.

Parking Facilities, Common. A parking facility that serves more than one use such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other.

Parking Space. Space within a parking area of a building exclusive of driveways, ramps, columns, office and work areas, for the temporary parking or storage of one automobile.

Parking, Tandem. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.

Passenger Vehicle. As defined in the California Vehicle Code.

Patio Cover. A solid or open roof structure covering a patio, platform, or deck area, that is open on two sides or more for the purpose to be used by people.

Permanent Makeup. 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.

Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

Planning Commission. The planning commission of the city of Paso Robles.

Planning Division. The planning division of the community development department of the city of Paso Robles.

Plot Plan. A ministerial development review process of minor details and development projects. See Chapter 21.18 (Plot Plans).

Porch. A frontage type where an entry door and corresponding landing area (entrance) are provided on the front elevation of a building on the ground floor. The landing area may be designed such that it creates a usable, but not required, space beyond that needed for entry. A porch can be recessed or projected, but must be covered.

Primary Dwelling Unit. Single-family dwelling(s) or multi-family dwellings that is (are) established on a property before an accessory dwelling unit or urban dwelling unit.

Primary Street. See "street, primary".

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this title. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

Property Line. The recorded boundary of a parcel of land.

Public Resources Code. The Public Resources Code of the state of California.

Public Works Director. The public works director of the city of Paso Robles.

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

21.92.170 - "Q" definitions.

Qualified Applicant. The property owner, the owner's agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

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

Rear Setback. See "setback, rear".

Reasonable Accommodation. A request for a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. See Chapter 21.27 (Reasonable Accommodations).

Recreational Vehicle. Any trailer, camper, motor home, boat, or other vehicle designed and intended for traveling and recreational purposes. Does not include homemade tiny homes.

Review Authority. The body or entity responsible for making decisions on zoning and related applications.

Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

Roof. The portion of a building or structure above walls or columns that shelters the floor area of the structure below.

Roof, Flat. A roof without any sloped sides, with a pitch of ten degrees or less.

Roof, Gable. A roof with two slopes joining at a single ridge line and a gable at each end.

Roof, Hipped. A roof with four sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining two sides are triangular, and thus meet the ridge at its end-points.

Roof, Shed. A roof shape having only one sloping plane.

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

21.92.190 - "S" definitions.

Secondary Street. See "street, secondary".

Setback. The distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature and as specified in the development regulations of each zoning district in the city. See also Section 21.41.120 (Determining Setbacks).

Front Setback. The minimum distance required between a structure and the front property line.

Rear Setback. The minimum distance required between a structure and the rear property line.

Side Setback. The minimum distance required between a structure and a side property line.

Street Side Setback. For a corner lot, the minimum distance required between a structure and a side property line that abuts a public right-of-way.

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==> picture [150 x 10] intentionally omitted <==

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Figure 21.92.190-1: Setback Types
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==> picture [264 x 185] intentionally omitted <==

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Shed Roof. See "roof, shed".

Side Setback. See "setback, side".

Sign Permit. An administrative permit authorizing any sign, except those exempted per Section 21.52.030 (Signs Exempt from Permit Requirements), to be erected, moved, altered, replaced or reconstructed.

Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this zoning code and under single ownership or unified control.

Site Plan. A discretionary development review process of minor development projects. See Chapter 21.17 (Site Plans).

Soil. Naturally occurring superficial deposits overlying bedrock.

Slope, Average. See Section 21.41.060 (Determining Average Slope).

Slope, Existing. Slope prior to grading.

Specific Plan. A regulatory document prepared in compliance with California Government Code Section 65450 et seq. for the systematic implementation of the general plan for a particular area, as specified in Chapter 21.14 (Specific Plans).

State. The state of California.

Street Side Setback. See "setback, street side".

Storefront. Storefront is a frontage type where a storefront, including entrance(s), is provided on the front elevation of a building on the ground floor. The storefront is generally level with the adjoining ground level.

Story. That portion of any building included between the surface of any floor and the surface of the next floor above it, and if there be no floor above it, then the space between such floor and the ceiling next above it.

Street. A public right-of-way not including an alley.

Street, Primary. A primary street is identified as an arterial or collector in the general plan; or for any corner parcels located at the intersection of two streets undesignated in the general plan, the street with more lanes of traffic and/or higher traffic quantities.

Street, Secondary. A secondary street is undesignated in the general plan circulation element; for any corner parcels located at the intersection of two streets undesignated in the general plan, the street with fewer lanes of traffic and/or lower traffic quantities.

Stepback. The required or actual placement of a building a specified distance away from a road, property line, or other structure at a level above the first floor.

Structures. Anything constructed or erected that requires location on the ground or attachment to something having location on the ground, including swimming pools, but excluding driveways, sidewalks, patios, or parking spaces.

Structure, Attached Accessory. Attached accessory structures with a common wall or roof with the primary structure.

Structure, Detached Accessory. A structure that is accessory to dwellings, the use of which is incidental to the primary structure on the same parcel, including but not limited to detached garages, carports, workshops, art studios, greenhouses, gazebos, storage sheds, treehouses, shade structures, guest houses. Also includes open, unroofed structures that are over thirty inches in height and are detached from and accessory to the primary structure on the site such as treehouses, play equipment, decks and trellises. See also "canopy" and "patio cover".

Structure, Nonconforming. See "nonconforming building or structure".

Structure, Primary. A building or structure in which the primary use of the parcel on which it is located is conducted.

Swimming Pool. See Chapter 21.53 (Swimming Pools).

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

Temporary Use Permit. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Chapter 21.20 (Temporary Use Permits).

Tenant. A person renting or leasing a housing unit or nonresidential space.

Tiny Home. A small dwelling unit on a foundation with a minimum size of one hundred fifty square feet and no more than four hundred square feet of habitable floor area.

Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer. Does not include mobile homes.

Transient Occupancy. Lodging for the purpose of overnight accommodations for a period of not less than one night and not more than thirty consecutive days. Transient occupancies are subject to the transient occupancy tax requirements of Chapter 3.26 (Transient Occupancy Tax) of this code. Examples of transient occupancy accommodations include, but are not limited to: hotels, motels, vacation rentals, timeshare vacation clubs, villas, cottages, casitas, hostel, bed and breakfast inns.

Transparency. The ability of a building or structure to visually transmit light, allowing for a clear view of the interior or exterior spaces via doors and windows.

Turf. A densely planted grassy area characterized by frequent mowing and fertilization and/or watering, commonly used for lawns and playing fields.

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

21.92.210 - "U" definitions.

Use. The purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is, or may be occupied or maintained.

Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same parcel as a primary use.

Use, Nonconforming. See "nonconforming use".

Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a conditional use permit, but subject to any restrictions applicable to that zoning district.

Use, Primary. A primary, principal, or dominant use established, or proposed to be established, on a parcel.

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

21.92.220 - "V" definitions.

Variance. An action granting exception to the development standards of this zoning code in cases where strict compliance would result in a unique hardship in compliance with Chapter 21.22 (Variances).

Vehicle. A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power.

Vending Vehicle. Any mobile cart, vehicle, wagon, trailer, or similar apparatus by which any person or property may be propelled or moved upon a sidewalk, street, or highway from which food, food products, or other retail items are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. See also "food truck", "food truck court", "mobile vendor", and "sidewalk vendor".

Vertical Wall Plane Variation. See "wall plane variation, vertical".

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

21.92.230 - "W" definitions.

Wall Plane Variation. Change in condition, character, or form of a continuous exterior wall, implemented through one or more options outlined in Paragraph 21.50.050(C)2. of Chapter 21.50 (Objective Design Standards for Mixed Use and Multi-Family Development). For vertical and horizontal differentiation, see "wall plane variation, horizontal" and "wall plane variation, vertical".

Wall Plan Variation, Horizontal. A plane break or other articulation that is horizontally oriented (for example, longer than it is tall).

Wall Plan Variation, Vertical. A plane break or other articulation that is vertically oriented (for example, taller than it is long).

Wet Bar. An area with running water, a sink, and a bar or serving counter, and may also include an undercounter or countertop refrigerator. The wet bar shall not include facilities for cooking.

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

21.92.240 - "X" definitions.

Reserved.

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

21.92.250 - "Y" definitions.

Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this zoning code. A yard is not synonymous with a setback, but does include similar areas.

Yard, Front. A yard extending across the front of a parcel for its full width between the front property line and primary building.

Yard, Interior Side. A yard which does not abut a street.

Yard, Rear. A yard extending across the rear of a parcel for its full width between the rear property line and primary building.

Yard, Side. A yard extending from the front setback line to the rear setback line between the side property line and building line.

Yard, Street Side. A yard on a corner lot or reversed corner lot extending from the front setback line to the rear setback line between the side street property line and building line.

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Figure 21.92.250-1: Yard Types
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(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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21.92.260 - "Z" definitions.

Zoning Administrator. The city of Paso Robles Zoning Administrator as appointed by the community development director or his or her designee.

Zoning District. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain development standards are established for buildings, all as set forth and specified in this title.

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