Paso Robles Municipal Code § 21.16.020 Development plan modifications

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

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

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

2. Multi-Family Residential.

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

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

3. Commercial, Industrial, and Institutional.

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

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

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

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

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

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

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

7. Sign Programs. Comprehensive sign programs.

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

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

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

a. The goals and policies established by the general plan;

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

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

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

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

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

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

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

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

7. For a project that is defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), and any project evoking any provision of state law that references objective design standards for residential development, including but not limited to California Government Code Section 65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35), the proposed project complies with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards. Findings 1—6 above are not required.

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

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

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

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

Table 21.16.020-1: Development Plan Modifications

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

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

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

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

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

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

6. The modification does not preclude or prevent adequate fire protection.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Process.

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

2. Before issuance of building or grading permits, approval of a development plan (Section 21.16.010) with final details shall be required unless an alternative development review process is specified in the specific plan (Chapter 21.14), special planned development (Chapter 21.11), or master development plan.

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