The provisions of this Title 21 of the city of El Paso de Robles Municipal Code shall be known and cited as the "city of El Paso de Robles Zoning Code" or "city of Paso Robles Zoning Code" or "zoning code", and shall also be known and cited as the "city of Paso Robles Zoning Ordinance" or "zoning ordinance."

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

The purpose of this title is to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, comfort, and general welfare.

The zoning code is enacted based on the authority vested in the city of El Paso de Robles and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), and the California Health and Safety Code.

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

The provisions of this zoning code, as it existed prior to the effective date of Ordinance No. 1144, are repealed and superseded as provided in the ordinance enacting this Title 21. No provision of this zoning code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the zoning code as it existed prior to repeal by the ordinance enacting this zoning code except as addressed by nonconformities created by this zoning code.

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

A.

The zoning code and map effectuated by this title, as amended from time to time by act of the city council or initiative of the voters, implements the general plan and consists of the establishment of various zoning districts, including all the territory within which the use of land and buildings and the height and bulk of buildings are regulated. No building or structure shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose other than as allowed by and in compliance with this title and all other ordinances, laws, and maps referred to in this title.

B.

When a project application pursuant to the provisions of the zoning code is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of the zoning code, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.), the Paso Robles CEQA Guidelines, and any environmental guidelines and other applicable rules adopted by the city.

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

A.

If a conflict occurs between the requirements of this zoning code and standards adopted as part of any applicable specific plan, the requirements of the specific plan shall apply.

B.

To maintain and improve the consistency between plans, the adoption or amendment of a specific plan shall be accompanied by corresponding amendments to the general plan and other plans which affect the same geographic area.

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

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, building, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. it shall be the duty of the building official to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

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

Certain activities of the city of Paso Robles may be exempt from the requirements of this zoning code by the city council.

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

Any building or structure set up, erected, constructed, altered, enlarged, converted, or moved contrary to the provisions of this title and any use of any land, building, or premises established, conducted, and/or operated contrary to the provisions of this title is declared to be unlawful and a public nuisance; and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, or using any such building contrary to the provisions of this title.

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

The provisions of Chapter 1.02 (Penalties) of Title 1 (General Provisions) shall apply.

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

If any section, subsection, sentence, clause, or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The city council declares that it has adopted this title and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.

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

The purpose of this section is to specify the authority and procedures for clarifying any ambiguity in the regulations of this zoning code and to ensure consistent interpretation and application of this zoning code.

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

A.

Authority. The community development director ("director") has the authority to interpret provisions of this zoning code according to Section 21.08.060 (Community Development Director). Whenever the director determines that the meaning or applicability of a zoning code requirement is subject to interpretation, the director shall issue a written interpretation consistent with the provisions of Section 21.02.030 (Procedures for Interpretation). The director may also refer any issue of interpretation to the planning commission for a determination.

B.

Terminology. When used in this chapter, the following rules apply to all provision of this zoning code:

1.

Language. When used in this zoning code, the words "shall," "must," "will," "is to," and "are to" are mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

2.

Tense. The present tense includes the past and future tense, and the future tense includes the present.

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4.

Calculations. Residential density and other calculations shall be consistent with the provisions of Section 21.41.020 (Fractions).

5.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to."

6.

Local Reference. "City" as used in this zoning code means the city of Paso Robles, and all public officials, bodies, and agencies referenced are those of the city unless otherwise stated.

7.

Definitions. As defined in Article 9 (Terms and Definitions) and/or as determined/interpreted by the director.

8.

State Law Requirements. References to applicable provisions of state law (such as the California Government Code, Subdivision Map Act, Public Resources Code) shall be construed to refer to the applicable state law provisions, as they may be amended from time to time.

9.

Number of Days. Whenever the number of days is specified in this zoning code, or in any permit, condition of approval, or notice issued or given as provided in this zoning code, the number of days shall be construed as calendar days, unless otherwise specified. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

C.

Minimum Requirements. When interpreting and applying the regulations of this zoning code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

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

A.

Authority of Director to Interpret; Referral to Planning Commission. Whenever the director or designee determines that the meaning or applicability of any of the requirements of this zoning code is subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation or refer the question to the planning commission for determination.

B.

Request for Interpretation. Any party may file a request for an interpretation or determination of this zoning code with the director and shall include with such request the specific provisions in question and any other information necessary to assist the director in the review.

C.

Record of Interpretation/Determinations. All interpretations and determinations by the director and planning commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.

D.

Appeals. Any interpretation of this zoning code by the director or planning commission may be appealed in compliance with Chapter 21.25 (Appeals and Calls for Review).

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

A.

Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Article 3 (Zoning Districts, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided below.

B.

Director's Determination. Based on the authority granted in Section 21.02.030 (Procedures for Interpretation), the director may determine that a land use that is not listed in Article 3 (Zoning Districts, Allowable Uses, and Development Standards) may be allowed. In making this determination, the director shall first make all of the following findings:

1.

The characteristics of, and activities associated with, the use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zoning district;

2.

The use will meet the purpose/intent of the zoning district that is applied to the location of the use; and

3.

The use will be consistent with the goals, objectives, and policies of the general plan and/or any applicable specific plan, planned development permit, or special planned development permit.

C.

Applicable Standards and Permit Requirements. When the director determines that an unlisted land use is equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this title apply.

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

In case of a conflict between the zoning code text and any diagram, illustration, graphic, or image contained in the zoning code, the text shall take precedence.

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

A.

General. The city is divided into zoning districts to allow for orderly, planned development and to implement the general plan. Table 21.03.010-1 (Zoning Districts Established) identifies all zoning districts. All zoning districts shall be listed and appropriately designated on the official zoning map. For purpose of the regulations set out in this title, the following zoning districts are created:

Table 21.03.010-1: Zones Established

B.

Base Zoning District. Every parcel shall have a base zoning district that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use.

C.

Overlay Zoning District. An overlay zoning district supplements the base zoning district for the purpose of establishing special use or development regulations for a particular area in addition to the provisions of the underlying base zoning district. In the event of conflict between the base zoning regulations and the overlay zoning regulations, the provisions of the overlay zoning district shall apply.

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

Each section set forth below contains conditions placed on the use and/or development of certain properties by the ordinances cited therein for Zoning Map amendments for such properties. The conditions listed in each section are additional to the base zoning district regulations and development projects shall also comply with all other applicable standards and requirements of Title 21 (Zoning) for the zoning district in which a proposed project is located. Where a conflict exists between the provisions set forth in this chapter and other Title 21 requirements, these provisions shall apply.

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

Special planned development overlay A applies to 2501 Theater Drive, a 3.75 acre parcel located approximately 790 feet west of Theater Drive (Parcel B of Parcel Map recorded in Book 35, Page 38 as designated on the official zoning map). This parcel is conditioned by Ordinance 529 N.S. to require a conditional use permit for any use. Land uses are limited to those that can safely be served via available easements.

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

Special planned development overlay B applies mid-block between Mesa Road, Prospect Avenue, Golden Hill Road and Union Road as designated on the official zoning map. Six parcels located south of Mesa Road, are conditioned by Ordinance 560 N.S. as follows:

A.

All land uses are subject to approval of a conditional use permit;

B.

That all fee simple driveway strips from the properties to Prospect Avenue be quitclaimed to those parcels having frontage on Prospect Avenue prior to commercial/light industrial use and/or development of the subject properties;

C.

All landlocked parcels either be merged with adjacent parcels that have frontage on either Golden Hill or Mesa Roads or be provided with access, public utility and drainage easements whose adequacy shall be determined by the planning commission prior to recordation.

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

Special planned development overlay C applies to the Theater Drive Area. All C-2, PD-zoned properties as designated on the official zoning map are conditioned to require a conditional use permit to ensure that land uses will not have a significant adverse effect on the economic vitality of the downtown as required by Ordinance 568 N.S.

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

Special planned development overlay D established by Ordinance 568 N.S. is repealed.

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

Special planned development overlay E established by Ordinance 568 N.S. is repealed.

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

Special planned development overlay F applies to the Commercial Service Area East of Golden Hill Road, South of Union Road and Highway 46 East. All C-3, PD zoned properties, totaling approximately 162 acres, located east of Golden Hill Road, South of Union Road and Highway 46 East as designated on the official zoning map are conditioned by Ordinance 560 N.S. as follows:

A.

Those properties that abut residentially-zoned land are conditioned to require the following:

1.

Construction of a solid wall of decorative masonry materials such as slumpstone or split-faced block, six to eight feet high; and

2.

Provision of a thick landscaped screen, at least ten feet wide to be planted on commercial property, in a location to be approved by the development review committee; recommended screening materials would include trees or tall shrubs which would grow more than ten feet high such as Eucalyptus Nicholii and Leyland Cypress.

B.

All land uses in the C-3, PD-zoned properties are subject to approval of a conditional use permit to ensure that the following occur:

1.

Commercial light industrial uses do not create noise, visual and/or land use impacts to neighboring land uses;

2.

Commercial uses shall be limited to those which the city council has determined will not have a detrimental effect on the city's goal of revitalizing the downtown.

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

Special planned development overlay G applies to the Residential-Agricultural (R-A) zoned properties east and west of Airport Road, north of Highway 46 East as designated on the official zoning map. The R-A zoned properties are conditioned by Ordinance 594 N.S. as follows:

A.

The minimum lot size (for creation of new lots via subdivision map, parcel map or lot line adjustment) shall be twenty acres.

B.

Two primary dwelling units are permitted on lots that are twenty acres or larger in area.

C.

The city may refer to those sections of the county of San Luis Obispo's Land Use Element and Land Use Ordinance that prescribe land use types and intensities, site design, and site development standards for the agriculture category in approving, conditionally-approving, or denying applications for building permits, development plans, variances, and conditional use permits.

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

Special planned development overlay H applies to 1450 Golden Hill Road, an 11.8 acre site (Lot 2 of PR 06-0272) as designated on the official zoning map is conditioned by Ordinance No. 951 N.S. to require a conditional use permit to ensure that uses for the site are limited to senior retirement communities/residential care type uses.

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

Special planned development overlay I applies to the 21.4 acre site (Parcel 3 of LLA 07-0293) as designated on the official zoning map and is conditioned by Ordinance No. 09-955 N.S. to limit future uses to the following agricultural/recreational related uses, which shall be subject to a conditional use permit as noted below:

A.

Crop production and processing (1).

B.

Wineries, breweries, and distilleries (1).

C.

Tasting rooms (1).

D.

Cultural institutions (2).

E.

Commercial recreation facility—Outdoor (2)(3).

F.

Hot springs resort/spa (2)(3).

G.

Restaurants (2) (sit down or walk up) with outdoor seating and liquor license.

H.

Bed and breakfast inn (2).

I.

Hotel (2), maximum eighteen rooms.

J.

Outdoor storage as an accessory use (1) (shall be screened).

K.

Interpretation Notes (1—3):

1.

Permitted use.

2.

Conditional use—Requires approval of a conditional use permit.

3.

Can be accessory use to a hotel/resort development, subject to approval of a conditional use permit.

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

Special planned development overlay J applies to the Paso Robles Gateway Project, subject to the following conditions:

A.

Gateway Annexation Area (NW corner of US 101/SR 46W). The 170-acre site (TR 3120) as designated on the official zoning map, is conditioned by Ordinance No. 1098 N.S. to require development of each phase of the site be subject to a development plan to ensure future development is consistent with the uses and the high-quality architectural design and character included in the Conceptual Master Development Plan PD 17-009.

B.

The future application(s) shall include project-level details that were not included in the conceptual master development plan, including architecture, landscaping, colorboards, parking, refined circulation, trash enclosures, fencing, etc.

C.

Future development in the RC-MU-PD-J zoned portions of this site (Areas 2, 4, and 6) are limited to the following uses:

1.

Certified farmers markets (a).

2.

Seasonal stands (including Christmas trees and pumpkins) (a).

3.

Wine tasting rooms (a).

4.

Winery (a) limited to five hundred square feet in size.

5.

Residential uses in conjunction with the mixed-use overlay zoning district (residential units shall be located above the first floor or behind the primary commercial use) (b, c).

6.

Libraries, museums, and art galleries (private) (a).

7.

Convention centers (b).

8.

All permitted or conditionally permitted uses listed under commercial recreation facility - indoor/outdoor of Table 21.32-1 (b).

9.

Cocktail lounges and bars (a).

10.

Food and beverage sales (a).

11.

General merchandise limited to specialized retail and artisans (a).

12.

Pet stores (1).

13.

Restaurants (b) (sit down or walk up).

14.

Barber/beauty shops, nails & tanning salons, massage (a).

15.

Financial services (a).

16.

Offices (a).

17.

Interpretation of Notes (a, b, c).

a.

Permitted use after initial development plan.

b.

Conditional use—Requires approval of a conditional use permit after initial development plan, unless development plan specifically authorized the use.

c.

The seventeen workforce housing units to be constructed with the Village Commercial Center shall be prohibited from short-term rentals such as vacation rental or Airbnb use. A deed restriction shall be required as a condition of approval for the development plan of the phase.

D.

Future development in the R2-RL-PD-J zoned portion of this site (Area 5) shall adhere to the following standards:

1.

Area 5 may be developed with either of the following uses:

2.

A one hundred thirty-five thousand square foot resort including; up to one hundred rooms (fifty-five thousand seven hundred forty square feet), fifty-seven thousand square foot main lodge (includes two thousand five hundred square foot ballroom, one thousand three hundred square foot conference room, four thousand square foot restaurant) one thousand three hundred square foot poolside café/bar, six thousand square foot spa, one thousand square foot conference room, +/-fifteen thousand square foot outdoor event area, pool, one hundred sixty-five parking spaces; or

3.

A high-density resort community with a maximum of eighty residential units. The resort community may consist of attached and detached residences. The residences may be on subdivided lots and available for individual ownership. The individual owners may have the option to individually occupy the units long- or short-term and enter the homes into a rental pool for the resort.

4.

In the event a resort is developed with units that are separate from the main resort building, the owner may later convert up to eighty resort units to multi-family attached and detached residences, which may be available for individual ownership. Any converted resort units may be entered into the rental pool for the resort. Any resort units in excess of eighty may not be converted and shall remain owned and operated as part of the resort. Additional parking may be required to ensure the residences are adequately parked.

5.

In the event a high-density residential resort community is developed, a short-term rental management program shall be submitted with the development plan for review and approval by the planning commission.

E.

Future development in the RL-PD-J zoned portion of this site (Areas 1 and 3) shall adhere to the following standards:

1.

The maximum number of lodging units between the two areas is limited to three hundred twenty-five.

F.

Allowable uses in the AG-PD-J zoned portion of this site (Area 7) shall be limited to the following:

1.

Bee keeping (a).

2.

Cattle, horse & sheep grazing (a).

3.

Crop production (includes dry and irrigated farming, orchards, vineyards) (a).

4.

Crop processing & packaging (does not include wineries, food processing involving cooking, or similar activities) (b).

5.

Interpretation of Notes (a, b).

a.

Permitted use.

b.

Conditional use—Requires approval of a conditional use permit.

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

Specific plans adopted by the city of Paso Robles are summarized in Table 21.05.010-1.

Table 21.05.010-1: Adopted Specific Plans

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

This zoning code, together with a zoning map, is hereby adopted in compliance with current state planning, zoning, and development laws. Changes in the boundaries of identified zoning districts shall be made by ordinance. The boundaries, designations, and locations, of the districts established by this zoning code shall be shown upon the map(s) entitled "Zoning Map for the City of Paso Robles" and referred to in this zoning code as the zoning map. Any additional maps (such as setback map, height map) adopted shall also be a part of this zoning code by reference.

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

Where a public street or alley is officially vacated, the property areas associated with the vacated street or alley shall be included within the zoning district or zoning districts of the adjoining properties. If the adjoining properties are in different zoning districts, the boundary lines shall be the centerline of the former street or alley and the extension of the side yard lines of the abutting properties. In the event such street, alley, or right-of-way was a boundary between two or more different zoning districts, the new zoning district or zoning district boundary shall be the property line that is created by the vacation.

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

Where the exact boundaries of a zoning district cannot be readily or exactly ascertained by reference to the zoning map of the city, the boundaries shall be deemed to be along the nearest street or lot line, as the case may be and as determined by the director. If a zoning district boundary line divides or splits a lot, the lot may be deemed to be included within the zoning district which is the more restrictive unless the major portion of the lot is in the less restrictive zoning district, then the latter may be deemed to be the zoning at the discretion of the planning commission. The provisions of this section shall not apply to acreage.

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

Any land within the incorporated limits of the city of Paso Robles, now or in the future, and not designated or indicated as any other zoning district on the zoning map shall be immediately zoned to be consistent with the general plan. In the interim period, between annexation and actual zoning of the property, the planning commission may grant use permits for uses conforming to the general plan. Conditions of the use permit shall include yard, height, lot area, and parking requirements of the zoning district most closely conforming to the general plan designation.

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