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HomeMy WebLinkAboutItem 7b. Introduce an Ordinance amending Title 17 (Zoning Regulations) adding Objective Design Standards Chapter 17.69City of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: November 2, 2021 TO: Mayor and Council FROM: Michael Codron, Community Development Director Rachel Cohen, Associate Planner VIA: Derek Johnson, City Manager SUBJECT: ITEM 7b. - INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ADDING OBJECTIVE DESIGN STANDARDS CHAPTER 17.69 FOR QUALIFYING RESIDENTIAL PROJECTS Staff is providing this memo in response to inquiries received from Council Members requesting staff respond to correspondence received and provide clarification on the Objective Design Standards (ODS). 1. Please address the following comment received in a public correspondence about Downtown ODS: The following is required of all qualifying housing projects outside the Downtown Commercial Zone but not for those projects within the Downtown Commercial Zone: “Buildings three or more stories shall step -back the building mass a minimum of five (5) feet for fifty (50) percent of the building facade above the second story.” Staff Response: As noted in the staff report, the ODS will apply only to residential projects that qualify for streamlined, ministerial processing or that are a “use by right” residential project. Based on the requirements to be eligible for ministerial processing1 most Downtown projects will not qualify. Projects that meet the requirements for ministerial processing would be subject to the ODS as well as other standards in the Zoning Regulations. 1 SB 35 eligible developments must include 10 percent of the units designated as affordable at the moderate to very-low-income level (80% AMI), be on an infill site, comply with existing residential and mixed -use general plan or zoning provisions, use prevailing wage, and comply with other requirements. A “use by right” residential project is a residential project that includes at least 20 percent of the units as affordable to lower income households (low, very low, and extremely low). Page 645 of 712 Item #7b. Page 2 The ODS does not include requirements for step-backs for buildings located within the Downtown Commercial (C-D) zone because zoning anticipates maximum build out of sites within this zone (zero setback requirements) and the ARC and Planning Commission determined that specifying the exact same upper floor step-backs for every Downtown building subject to the ODS was not desirable because it would go too far down the path of prescribing building design for all new buildings that qualify without consideration of specific site constraints or opportunities. If the City Council would like to add a requirement for step-backs within the C-D zone, staff recommends making this part of a future update to the ODS to allow for additional research and engagement with design professionals. 2. When were the Community Design Guidelines (CDG) last updated? Staff Response: The CDG were last updated in 2010. The Housing and Homelessness Major City Goal work program includes CDG updates associated with the Missing Middle Housing program and the Flexible Density program. Both of these projects are expected to be completed in Q3 of the 2022-23 Fiscal Year. 3. How does the ODS address overlook and privacy, especially for affordable housing residents and neighboring preexistent buildings? Staff Response: Privacy was a concern raised by the ARC and ODS Sections 17.69.020.B(10) and 17.69.030.B(14) were added and recommended by the Planning Commission. The requirement reads, Where windows are proposed within ten (10) feet of another building, the windows shall be offset horizontally at least 12 inches (edge to edge) or use clerestory windows, glass block or non - operable opaque windows so as not to have a direct line-of sight into adjacent units. In addition, the Zoning Regulations include: a. Minimum Interior Side and Rear Setbacks – these setbacks increase as the residential structure gets taller. Applies to structures within R -1, R-2, R-3, and R-4 zones; and b. Edge Conditions (Section 17.70.050) requires a buffer between low-density residential zones or open space areas and zones that permit development of higher intensity. Page 646 of 712 Item #7b. Page 3 4. Is exterior color considered “subjective”? Could we set an “objective” color palette? Staff Response: It would be extremely challenging to set up an objective color palette unless the City Council wanted to significantly limit the number and range of colors that could be used on a building exterior. Using terms such as “colors like” or “colors similar to” requires that an individual make a judgement, so identifying specific allowable colors would be necessary. An alternative would be to prohibit specific colors by using a universal common color matrix. If the City Council would like to add a requirement for colors, staff recommends making this part of a future update to the ODS to allow for additional research and engagement with design professionals. 5. Can the ODS require windows? Staff Response: It would be difficult to require windows outside of what is required by the California Building Code (CBC). CBC requires that ba sements in dwelling units and every sleeping room below the fourth story shall have at least one operable window or exterior door opening approved for emergency escape and rescue. 6. Packet page 640, ODS Section 17.69.040.C(4) references “peak style racks.” This language should match the Active Transportation Plan (ATP) language “Peak Rack type rack.” Staff Response: Staff recommends that ODS Section 17.69.040.C(4) be amended to be consistent with the ATP and state: Short-term bicycle racks shall be Peak Rack type style racks. 7. Packet page 656, ODS Section 17.69.040.H(1) is unclear the mechanical equipment that should be screened. Is this for ground mounted equipment? Staff Response: Yes. Staff recommends that ODS Section 17.69.040.H(1) be amended to clarify the requirement is for ground mounted equipment only and state, All ground mounted mechanical and electrical equipment shall be located internally within the proposed buildings. If equipment cannot be located internally due to code requirements, it shall be screened using a combination of at least two of the following: paint color, landscaping, fencing, or walls consistent with other City standards. Page 647 of 712 Item #7b. Page 4 8. Is there a minimum length for a “blank wall” that triggers the changes in treatment? (see packet page 648, ODS 17.69.020.D(1)). Staff Response: Staff reviewed the language of ODS Section 17.69.020.D(1) and recommends the following changes to provide clarity: Any wall of any length on a building without doors or windows Blank walls (facades without doors or windows) shall be fifty (50) feet or less in length. Blank walls of any length shall include the use of at least one of the following treatments: a. Utilize at least two (2) different materials. b. Utilize at least two (2) different paint colors. c. Incorporate offsets. Offsets shall vary in depth and/or direction of at least twelve (12) inches, or be a repeated pattern of offsets, recesses, or projections of similar depth along the length of the wall. d. Install landscaping that covers twenty-five (25) percent of the wall within ten (10) years. 9. ODS Sections 17.69.020.D(7d) and 17.69.030.D(1d) (packet pages 649 and 654) include a requirement for articulation by utilizing roof eaves. The requirement that gable faces do not need to provide an eave does not support th e goal for building articulation and should be removed. Staff Response: Staff reviewed the language of ODS Sections 17.69.020.D(7d) and 17.69.030.D(1d) and recommends the requirement be amended as follows: Buildings shall be designed to reduce apparent mass by dividing façades into a series of smaller components. Components shall be distinguished from one another through two (2) or more of the following: a. Variations in the geometry or massing of the roof or variations in roof height of two (2) feet or more. b. Changes in wall plane of one (1) foot or more. c. Changes in texture, material, or surface colors. d. Provide a minimum two (2) foot eave on the front elevation. This requirement does not apply to gable faces. Page 648 of 712 Item #7b. Page 5 10. Packet page 651, ODS Section 17.69.030.B(1) includes “high-quality” and should be removed per Planning Commission direction. Staff Response: Yes, “high quality” should have been removed from the ODS and staff recommends that it be removed consistent with Planning Commission direction as follows: Buildings located within the Downtown (C-D zone) shall use high-quality exterior materials chosen from the list below. a. Smooth or sand finished stucco b. Cut stone c. Rusticated block (cast stone) d. Precast concrete e. Face-brick f. Ceramic or porcelain tiles g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g., Hardi plank, Hardi panel) h. Wood plastic composite siding (e.g., Resysta products) i. Wood siding j. Metal paneling k. Corten steel paneling 11. The reference to clear glass should be removed from ODS Section 17.69.030.B(12) (packet page 653) since glass transparency is addressed in ODS Section 17.69.030.B(10). Staff Response: Staff reviewed the language of ODS Sections 17.69.030.B(12) and 17.69.030.B(10) and recommends that ODS Section 17.69.030.B(12) be amended as follows for clarity: Storefront windows shall use clear glass and sit above a base, commonly called a “bulkhead,” of eighteen (18) to thirty-six (36) inches in height. Bulkheads shall be designed as prominent and visible elements of the building facade and shall include the use of one or more of the following materials: ornamental glazed tile in deep rich hues, either plain or with patterns; dark or light marble panels; or pre - cast concrete. Page 649 of 712 Page 650 of 712 Item 7b Department: Community Development Cost Center: 4003 For Agenda of: 11/2/2021 Placement: Public Hearing Estimated Time: 60 minutes FROM: Michael Codron, Community Development Director Prepared By: Rachel Cohen, Associate Planner SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ADDING OBJECTIVE DESIGN STANDARDS CHAPTER 17.69 FOR QUALIFYING RESIDENTIAL PROJECTS RECOMMENDATION As recommended by the Planning Commission, introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code with Objective Design Standards for qualifying residential projects with an exemption from Environmental Review (CEQA).” REPORT-IN-BRIEF In November 2020, the City Council adopted the 6th Cycle Housing Element , which includes several programs in response to new California state housing laws. Specifically, SB 35 and other new state laws require jurisdictions to provide a ministerial process for approval of qualifying housing projects. Currently, design review for most new construction is accomplished through a discretionary process based on the City’s Community Design Guidelines (CDG), with either the Community Development Director or the Planning Commission granting final approval depending on the size of the proposed project . Ministerial review allows qualifying projects to proceed straight to a building permit application without first going through a discretionary review process that may take several months to complete. Housing Element Program 6.22 directs the City to update the municipal code to include objective design standards for qualifying residential projects subject to ministerial approval within one year of the adoption of the 6th Cycle Housing Element. With the adoption of objective design standards, the City will be in a better position to accomplish its policies for new construction while providing a streamlined approval process consistent with state law. The proposed Objective Design Standards (ODS) were developed by City staff with the help of a subcommittee of the Architectural Review Commission (ARC). The ODS were subsequently reviewed by the full ARC and the Planning Commission. Page 651 of 712 Item 7b Staff has also conducted public outreach with the Chamber of Commerce and other stakeholders in the development process consistent with the City’s public engagement manual. Specific presentations were made to requesting entities such as the Chamber of Commerce and the draft guidelines were made available for public comment. The Planning Commission is recommending that the City Council approve the proposed ODS. DISCUSSION Background & Policy Context In 2017, the Governor signed multiple housing bills, including Senate Bill (SB) 35 Streamlined Approval Process, which added Section 65913.4 to the Government Code providing for a streamlined, ministerial approval process for multi-unit housing projects of two or more residential units or mixed-use, subject to certain conditions and consistent with objective zoning and design review standards. In addition, Government Code 65583.2 requires a city to allow housing developments, in which at least 20 percent of the units are affordable to lower income households on sites that have been listed in the City’s Housing Element inventory in two or more consecutive planning periods, to be processed through a ministerial review. In response, the City adopted Program 6.22 as part of the City’s 6th Cycle Housing Element. Program 6.22 states that the City will update the municipal code to expand objective design standards for qualifying residential projects within one year of the adoption of the Housing Element Update (the Housing Element was adopted by City Council on November 17, 2020). Objective Standards Basics Objective1 standards are regulations that do not require judgement to determine whether they have been met. For example, the City has Zoning Regulations that identify specific building height limits, require that buildings be setback a specific distance from property lines, and establish the minimum number of parking spaces required for a development project. These regulations are all considered “objective standards” because they are numeric and do not require a subjective judgement to determine whether a development project follows those standards. Objective Design Standards Currently, design related direction is provided in the City’s Community Design Guidelines (CDG). While these guidelines will still be applicable to projects that require a discretionary review process (for example ARC re view for a new market-rate apartment building), most of the current CDGs are not objective and cannot be used for projects that qualify for a ministerial review process (such as an affordable housing project). 1 The Housing Accountability Act defines “objective” as “involving no personal or subjective judgment by a public official and being uniformity verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (GC Section 65589.5(h)(8).) Page 652 of 712 Item 7b The ministerial process is where a development project is reviewed by staff via an application for a building permit, using only objective code requirements and standards as the basis or standard for the review. To continue to preserve the City’s unique architectural characteristics within the ministerial review process, staff has developed Objective Design Standards (ODS). The ODS utilize concepts and direction from the CDG, City policies, and examples from other jurisdictions to provide design standards that intended to ensure new residential development is compatible and complementary with existing development. Applicability Projects that will be reviewed against Objective Design Standards are residential projects (including mixed use projects) that qualify for streamlined, ministerial processing per Government Code Section 65913.4 (SB 352), or that are a “use by right” residential project. A “use by right” residential project is a residential project that includes at least 20 percent of the units as affordable to lower income households (low, very low, and extremely low) and does not require discretionary review or approval (see Government Code Section 65583.2 and Housing Element Programs 2.173 and 2.184). Previous Council or Advisory Body Action June 21, 2021: Architectural Review Commission (ARC) received a presentation from staff regarding the development of Objective Design Standards (ODS) and selected a subcommittee to assist staff with the draft ODS. 2 SB 35 allows streamlining for residential project in cities that have not met their RHNA numbers. Eligible developments must include a specified level of affordability, be on an infill site, comply with existing residential and mixed-use general plan or zoning provisions, and comply with other requirements. 3 Housing Element Programs 2.17 allows residential developments that include at least 20 percent of the units as affordable to lower income households, by right (no discretionary review) on sites identified in Housing Element Table E-2. 4 Housing Element Program 2.18 allows residential developments by right (no discretionary review) for those developments that include at least 20 percent of the residential units as affordable to low-income households. Example: The Community Design Guidelines include direction regarding upper story setbacks on multi-story buildings. However, the CDG direction includes language (underlined) that is subjective or conditional. The Objective Design Standard provides direction that is clear, direct, and measurable (underlined) and does not rely on an opinion or personal judgement. Community Design Guideline: Multi-story buildings should be set back above the second or third level to maintain a street façade that is consistent with the historic pattern of development, maintaining the general similarity of building heights at the sidewalk edge. Objective Design Standard: Buildings three or more stories shall step-back the building mass a minimum of five (5) feet for fifty (50) percent of the building facade above the second story. Page 653 of 712 Item 7b July 2021: Staff met with the ARC subcommittee twice to review the draft ODS and received feedback from local building design, architecture, and development professionals. August 16, 2021: ARC reviewed the draft ODS and recommended the Planning Commission recommend approval of the standards with specific changes. September 22, 2021: Planning Commission reviewed the revised draft ODS that included ARC’s and staff’s proposed changes and recommended the City Council introduce and adopt the standards with a few modifications discussed below. Planning Commission (PC) Recommended Changes and Staff Response 1. PC Recommendation: The PC recommended that the phrase “high-quality” be removed from ODS 17.69.020.B(1) since it is a subjective phrase. Staff Response: Staff has removed the phrase “high-quality” from ODS 17.69.020.B(1) and 17.69.030.B(1) (which also used the phrase) as all the materials listed in the ODS are considered high-quality and the phase may be construed as subjective. 2. PC Recommendation: The PC recommended ODS 17.69.020.B(2) be removed to provide more flexibility of the use of different colors, materials, and detail on the buildings elevations as opposed to being required to use the same colors, materials, and details on all sides. Staff Response: Staff has removed ODS 17.69.020.B(2) (edits are indicated by strikeouts): 2. Buildings shall use the same colors, materials, and detailing throughout all elevations. Street facing and the most visible elevations may use more architectural details, but colors and materials shall be the same on all elevations. 3. PC Recommendation: The PC recommended the language of ODS 17.69.020.B(11) be simplified for clarity. Staff Response: Per PC’s direction, staff has revised ODS 17.69.020.B(11) to read as follows (edits are indicated by strikeouts and underlines): 11. All residential units that front, face, or overlook a public, common or private outdoor space shall be designed with at least one window that provides overlook on the outdoor space. Residential buildings shall include windows that overlook outdoor spaces. Page 654 of 712 Item 7b 4. PC Recommendation: The PC recommended the language of ODS 17.69.020.E(1) be modified to require both private and common open space be provided as a part of a residential project. Staff Response: Per PC’s direction, staff has revised ODS 17.69.020.B(11) to read as follows (edits are indicated by strikeouts and underlines): Residential projects within the R-2, R-3, and R-4 zones shall have a minimum of sixty-five (65) square feet of private outdoor space per each unit for at least 60% of the units or and provide a minimum of one hundred (100) square feet per unit, for all units in the project, to common space. Common space is recreation space provided inside or outside a residential build ing for the use of all the residents for recreation or social purposes and is readily accessible by all the residents. To qualify as private open space, the space must be private and directly accessible from the unit it serves and must have a minimum dimension in every direction of six (6) feet. To qualify as common space, individual spaces must have a minimum dimension in every direction of ten (10) feet. 5. PC Recommendation: The PC provided direction that minimum area required to be landscaped on a residential project site be reduced from 15 percent to 10 percent (ODS 17.69.020.F(2)). Staff Response: Staff supports the reduction and revised ODS 17.69.020.F(2) to state the following (edits are indicated by strikeouts and underlines): All required front and street-facing side setbacks, except for areas used for exit, entry, or common outdoor space shall be landscaped. All projects shall landscape at least fifteen ten (1015) percent of the project site. 6. PC Recommendation: The PC recommended the language of ODS 17.69.020.F(5) be revised to provide off-site options for replacing trees that are removed from a site for new residential developments. The PC proposed a minimum of a 2:1 replanting off-site in three specific ways: 1) planting trees off-site on private property within the City limits, 2) planting street trees off -site (only after required street trees for the project site has been satisfied), or 3) purchasing trees for the City’s Urban Forest program. Staff Response: Staff has revised ODS 17.69.020.F(5) to reflect most of PC’s recommendation. Staff is recommending the option to purchase trees for the City’s Urban Forestry program not be included in the revision because there is currently not a mechanism (such as an in -lieu fee program) available to facilitate this requirement. In the future if the City does adopt such a program, the ODS can be updated to allow a project to pay into an in-lieu program. The revised ODS reads as follows (edits are indicated by underlines): Page 655 of 712 Item 7b 5. Any trees removed from the residential project site shall be: a. Replaced on-site with a 1:1 replanting. Required street trees may be counted as part of the replacement plantings; or b. Replaced off-site at a 2:1 ratio by: 1) planting trees off -site on private property within the City limits, or 2) planting street trees off-site (only after required street trees for the project site has been satisfied). 7. PC Recommendation: The PC recommended a new requirement be added to ODS 17.69.040.C regarding a specific style of short-term bicycle parking rack. They proposed that all residential projects only install a peak style rack for short-term bicycle parking. Staff Response: The Planning Commission’s recommendation is consistent with the direction provided in the Active Transportation Plan (ATP). Specifically, ATP Policy 7.255 that states in part that “Peak Rack type racks, or other City approved design shall be used to meet the City’s short-term parking requirements…” Other approved designs include inverted “U” racks, but the ATP goes on to state that the use of this style of rack does not provide for secure parking. Because the goal of the ODS is to provide specific, clear requirements for residential development, the proposed additional standard is appropriate and consistent with City policy. As such, ODS 17.69.420.C(4) has been added and states (edits are indicated by underlines): 4. Short-term bicycle racks shall be peak style racks. Public Engagement Staff reached out to local building design, architecture, and development (including non- profit) professionals in the community for their input on the draft ODS and develop an interested parties communication list. Several individuals within this group provided feedback that was incorporated into the standards. In addition, staff presented to the San Luis Obispo Chamber of Commerce, Economic Committee on August 8, 2021. Public notice was provided for each of the ARC meetings (June 21, 2021, and August 16, 2021) and the Planning Commission meeting (September 22, 2021). Public notice of this hearing has been published in a widely circulated local newspaper, and hearing agendas for this meeting have been posted at City Hall, consistent with adopted notification procedures. Email notices have been provided for each public meeting to those on the interested parties list. 5 ATP 7.25 - Peak Rack type racks, or other City approved design shall be used to meet the City’s short-term parking requirements. While approved for use, “U-style” racks should be minimized to the extent possible since they do not provide for secure parking without a kickstand and can be more difficult to lock when other bikes are present. Wave, comb, and toast style racks are examples of racks not permitted by the above guidelines. Page 656 of 712 Item 7b CONCURRENCE Staff comments from Public Works, Utilities, and the Community Development Departments have been incorporated into the draft Objective Design Standards. It should be noted that all eligible residential projects must comply with all objective City policies, thresholds of significance, development standards, and design standards for all City departments as established in, but not limited to, the General Plan, Zoning Regulations, City Standard Specifications and Engineering Standards, Active Transportation Plan, Transportation Impact Study Guidelines, Climate Action Plan, and the Municipal Code. However, if the developer of an otherwise eligible project does not wish to comply with the Objective Design Standards, they may elect to pursue project approval through the normal discretionary review process. ENVIRONMENTAL REVIEW The project is exempt per CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed action consists only of the adoption of new standards for objective review of qualifying projects and will have no physical effects on the environment and has no possibility of a significant effect on the environment. The Objective Design Standards are consistent with development standards of the Zoning Regulations and projects which qualify for the Objective Design Standards will be required to comply with all relevant City standards, codes, and regulations. FISCAL IMPACT Budgeted: Yes Budget Year: 2021-22 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A $ $ $ State Federal Fees Other: Total $ $0 $ $0 The implementation of Housing Element Programs was adopted as a part of the 2021 - 2023 Financial Plan. Funding was provided as a part of the Community Development Department budget appropriation for staff resources to implement Housing Element programs such as Program 6.22. Page 657 of 712 Item 7b ALTERNATIVES 1. Continue the Project. An action continuing the project should include direction to the staff on pertinent issues. 2. Deny the Project. Staff does not recommend this action because state law requires that qualifying housing projects be reviewed ministerially based on objective standards. Currently, most of the City’s design guidelines are not objective and cannot be used for projects subject to a ministerial review process ATTACHMENTS A – Draft Ordinance introducing amendments to Title 17 (Zoning Regulations) B – Planning Commission Resolution No. PC-1047-21 Page 658 of 712 O ______ ORDINANCE NO. _____ (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE WITH OBJECTIVE DESIGN STANDARDS FOR QUALIFYING RESIDENTIAL PROJECTS WITH AN EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) WHEREAS, the City Council adopted the 6th Cycle Housing Element on November 17, 2020, that includes Program 6.22 that states, “Update the Cit y’s municipal code to expand objective design standards within one year of the adoption of the Housing Element Update;” and WHEREAS, the City of San Luis Obispo wishes to update the City’s Municipal Code and introduce Objective Design Standards for Qualif ying Residential Projects (Chapter 17.69) of Title 17 consistent with the 6th Cycle Housing Element; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a web based public hearing on June 21, 2021 for the purpose of receiving a staff presentation regarding Objective Design Standards for qualifying residential projects and selecting a subcommittee to assist staff with further development of the draft ODS; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a web based public hearing on August 16, 2021 for the purpose of reviewing an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects, and recommended approving the standards with specific changes; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing on September 22, 2021, for the purpose of considering an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects; and WHEREAS, the City Council of the City of San Luis Obispo conducted a web based public hearing on November 2, 2021, for the purpose of considering an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects; and WHEREAS, the City Council finds that the proposed amendment is consistent with the General Plan, Zoning Regulations, and other applicable City goals and policies as amended; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and Page 659 of 712 Ordinance No. _____ (2021 Series) Page 2 O ______ WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Incorporation of Recitals. The City Council find that the foregoing recitals and administrative report presented with this ordinance are true and correct and are incorporated in the ordinance by this reference and adopted as the findings of the City Council. SECTION 2. Findings. Based upon all evidence, the City Council makes the following findings: a) The proposed amendments to Title 17 of the Municipal Code are consistent with the 6th Cycle Housing Element Program 6.22 which states “Update the City’s municipal code to expand objective design standards within one year of the adoption of the Housing Element Update.” b) The addition of Chapter 17.69 to Title 17 of the Municipal Code will not alter the character of the City or cause health safety or welfare concerns because the amendment is consistent with the General Plan and directly implements City goals and policies. SECTION 3. Environmental Determination. The proposed amendment to the Municipal Code Title 17 has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed amendment has been determined exempt per CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed action consists only of the adoption of new standards for objective review of qualifying projects and will have no physical effects on the environment and has no possibility of a significant effect on the environment. The Objective Design Standards are consistent with development standards of the Zoning Regulations and projects which qualify for the Objective Design Standards will be required to comply with all relevant City standards, codes, and regulations. SECTION 4. Action. Chapter 17.69 of the San Luis Obispo Municipal Code, Ordinance Number XXXX (2021 Series), is hereby amended and superseded to the extent inconsistent herewith. 17.69 Objective Design Standards for Qualifying Residential Projects Page 660 of 712 Ordinance No. _____ (2021 Series) Page 3 O ______ Sections: 17.69.010 – Purpose and Application 17.69.020 – Building and Site Design Standards 17.69.030 – Downtown Building Design Standards 17.69.040 – Additional Design Requirements 17.69.010 - Purpose and Application A. Purpose. This Chapter is intended to provide objective standards for the design of residential and mixed-use projects (herein referred to as “residential projects”) that are eligible for ministerial, streamlined approval to ensure compatibility with existing and planned development on the site and adjacent and nearby properties while also supporting the development of housing consistent with the City’s General Plan. B. Applicability. The provisions of this chapter apply to all residential projects, in all zones, that qualify for streamlined, ministerial processing per Government Code Section 65913.4, or that are a “use by right” residential project. In addition, eligible residential projects must comply with all objective City policies, thresholds of significance, development standards, and design standards as established in, but not limited to, the General Plan, Zoning Regulations, City Standard Specifications and Engineering Standards, Active Transportation Plan, Transportation Impact Study Guidelines, Climate Action Plan, and the Municipal Code. A “use by right” residential project is a residential project that includes at least 20 percent of the units as affordable to lower income households (low, very low, and extremely low) and does not require discretionary review or approval (ministerial review only) and residential projects that are otherwise deemed subject to ministerial processing per state or local law. Residential projects seeking exceptions, waivers, or modifications to any development standards set forth in the City’s Zoning Regulations or the design standards set forth in this chapter, excluding modifications granted as part of d ensity bonus concession, incentive, parking reduction, or waiver of development standards pursuant to State Density Bonus Law or the City’s density bonus regulations (Chapter 17.140), shall not be eligible for ministerial and/or streamlined processing contemplated by this chapter, and will be subject to the City’s discretionary development review process outlined in Chapter 17.106 of the Municipal Code. Where these standards conflict with other state law or local code requirements (including but not limited to California Building Code and the City’s Standard Specifications and Engineering Standards) the more restrictive provision shall prevail. 17.69.020 - Building and Site Design A. Applicability. This section shall apply to eligible residential projects (d escribed in Section 17.69.010 above) in all zones, except for the Downtown Commercial (C-D) Page 661 of 712 Ordinance No. _____ (2021 Series) Page 4 O ______ zone. Building and site design standards for eligible residential projects in the C -D zone are provided in Section 17.69.030 (Downtown Building Design) below. In addition to this section, mixed-use projects shall also comply with Section 17.70.130.D and F through H (Mixed-Use Development). B. Building Details. Residential projects shall comply with the following building detail standards: 1. Buildings shall use exterior wall materials chosen from the list below. a. Smooth or sand finished stucco b. Cut stone c. Rusticated block (cast stone) d. Precast concrete e. Brick veneer f. Ceramic or porcelain tiles g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g., Hardi plank, Hardi panel) h. Corrugated metal (within Commercial Zones (C-C, C-T, C-S, C-R, M), or as an accent material, covering no more than 15% on the exterior, within all other zones)) i. Metal paneling (only within Commercial Zones (C-C, C-T, C-S, C-R, M), or as an accent material, covering no more than 15% on the exterior, within all other zones) j. Corten steel paneling (only within Commercial Zones (C-C, C-T, C-S, C- R, M), or as an accent material, covering no more than 15% on the exterior, within all other zones) k. Wood plastic composite siding (e.g., Resysta products) l. Wood siding m. Burnished block (only within Commercial Zones (C-C, C-T, C-S, C-R, M) 2. Veneers shall turn corners and terminate into the inside corner of the building or be finished and not expose edges so that finish materials appear “thin” or artificial, as in the example of “brick” veneer applied to a single building face so that it is obviously only ½ -inch thick when viewed from the side. 3. Exterior window shutters shall match the size and shape of adjacent window openings. 4. Affordable units and market rate units in the same development shall be constructed of the same materials and details such that the units are not distinguishable from one another. 5. Trim surrounds shall be provided at all exterior window a nd door openings. In- lieu of exterior window trim, windows can be recessed from wall plane by a minimum of two (2) inches. Page 662 of 712 Ordinance No. _____ (2021 Series) Page 5 O ______ 6. Structures (including garages and carports) shall not exceed one hundred fifty (150) feet in length. 7. Detached garages and carports shall be designed to include a minimum of two (2) of the following from the main building(s): materials, detailing, roof materials, and colors. 8. Stairs and stair wells that provide primary access to units on upper floors shall be covered and fully integrated into the principal and secondary building façades. 9. Service access to the building for loading and maintenance functions shall not exceed twenty (20) percent of the project frontage on any facing street. 10. Where windows are proposed within ten (10) feet of another building, the windows shall be offset horizontally at least 12 inches (edge to edge) or use clearstory windows, glass block or non-operable opaque windows so as not to have a direct line-of sight into adjacent units. 11. Residential buildings shall include windows that overlook outdoor spaces. C. Roof Designs. Residential projects shall comply with the following roof design standards: 1. Roof lines shall be varied to break up the mass of the building. A building with four (4) or more attached residential units or a residential building with a roofline longer than fifty (50) feet shall incorporate changes in roof heights of at least one (1) vertical elevation change of at least two (2) feet. 2. Overhanging eaves shall extend twelve (12) inches or more past the supporting walls. This requirement does not apply to gable faces. 3. Steeply pitched (45 degrees or more) mansard roofs are prohibited. 4. Roof-mounted equipment shall not be visible from the public right of way and integrated within the architecture of the building. 5. Roof decks shall be prohibited in residential zones (R-1, R-2, R-3, R-4) and the Office (O) zone unless setback 15 feet or more from side and rear property lines and utilize solid walls or barriers at deck edges. All projects that include roof top uses shall comply with Section 17.70.150 (Rooftop Uses). 6. The termination of a parapet shall not be visible from the public right of way or adjacent property. The parapet shall wrap around the entire roof, return at least eight (8) feet around corners, or die into an adjacent, taller wall. Page 663 of 712 Ordinance No. _____ (2021 Series) Page 6 O ______ 7. Cornices and parapets shall a. Be utilized to conceal flat roofs and screen any roof -mounted mechanical equipment from the public right-of-way and adjacent properties. b. Match the building’s primary façade exterior colors and materials. D. Massing and Articulation. Residential projects shall comply with the following massing and articulation standards: 1. Blank walls (facades without doors or windows) shall be fifty (50) feet or less in length. Blank walls of any length shall include the use of at least one of the following treatments: a. Utilize at least two (2) different materials. b. Utilize at least two (2) different paint colors. c. Incorporate offsets. Offsets shall vary in depth and/or direction of at least twelve (12) inches, or be a repeated pattern of offsets, recesses, or projections of similar depth along the length of the wall. d. Install landscaping that covers twenty-five (25) percent of the wall within ten (10) years. 2. Buildings shall have massing breaks (offsets, recesses, or projections) at least every fifty (50) feet along street frontage through the use of varying setbacks, building entries and recesses, or structural bays. Offsets, recesses, or projections shall vary in depth and/or direction of at least twelve (12) inches and a minimum width of four (4) feet. 3. Buildings three or more stories shall distinguish the first story from the upper stories by using a minimum of two (2) architectural details (e.g., arches, awnings, transom windows, columns, cornices, lintels, moldings, trellises) for every fifty (50) feet of the first story front elevation. 4. Mixed-use buildings three or more stories shall provide a first story elevation that is distinctive from the upper stories through a material change, change in color, or use of different architectural details such as reveals, course lines, decorative cornice, columns, etc. 5. The first floor of a mixed-use project within fifty (50) feet of the street frontage shall be taller than the floors above, with a minimum plate height of ten (10) feet. 6. Buildings three or more stories shall step-back the building mass a minimum of five (5) feet for fifty (50) percent of the building facade above the second story. 7. Every residential building shall incorporate two (2) or more of the following building massing and articulation techniques: Page 664 of 712 Ordinance No. _____ (2021 Series) Page 7 O ______ a. Vary building height by at least two (2) feet over twenty (20) percent of the main building (as viewed in plan view). b. Vary the geometry or massing of the roof through changes in type, height, pitch, or orientation. c. Use offsets, recesses, (e.g., courtyards, entryways, alcoves, deep door and window recesses) and projections (e.g., stairs, towers, balconies, cantilevers, dormers, bay windows, awnings) to create a sense of depth. d. Provide a minimum two (2) foot roof eave on the front elevation. This requirement does not apply to gable faces. E. Common and Private Spaces. Residential projects shall comply with the following common and private space standards: 1. Residential projects within the R-2, R-3, and R-4 zones shall have a minimum of sixty-five (65) square feet of private outdoor space per unit for at least 60% of the units and provide a minimum of one hundred (100) square feet per unit, for all units in the project, to common space . Common space is recreation space provided inside or outside a residential building for the use of all the residents for recreation or social purposes and is readily accessible by all the residents. To qualify as private open space, the space must be private and directly accessible from the unit it serves and must have a minimum dimension in every direction of six (6) feet. To qualify as common space, individual spaces must have a minimum dimension in every direction of ten (10) feet. 2. Residential projects within the O, C-N, C-T C-R, C-C, C-S, and M zones shall provide a minimum of fifty (50) square feet per unit to common space. Common space is recreation space provided inside or outside a residential building for the use of all the residents for recreation or social purposes and is readily accessible by all the residents. To qualify as common space, individual spaces must have a minimum dimension in every direction of ten (10) feet. F. Landscaping. Residential projects shall comply with the following landscape standards: 1. The landscape design plan shall be consistent with Section 17.70.220 (Water- efficient landscape standards), Section 12.38.090 (Landscaping standards), and include the following information: a. Location, sizes, and species of all proposed groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. b. The location and description (e.g., colors, materials, etc.) of all hardscapes such as decks, patios, walkways or paths, artificial turf or other pervious or non-pervious materials. Page 665 of 712 Ordinance No. _____ (2021 Series) Page 8 O ______ 2. All required front and street-facing side setbacks, except for areas used for exit, entry, or common outdoor space shall be landscaped. All projects shall landscape at least ten (10) percent of the project site. 3. Landscaping areas shall consist of a combination of living trees, groundcover, shrubbery, turf, and related natural features such as rock, stone, or bark chips to adequately cover all designated landscaping areas. 4. Landscaping shall be top-dressed with three (3) inches of mulch. Mulch shall be maintained within planted areas and shall not migrate onto hard s urfaces, such as sidewalks, patios, and parking lots. 5. Any trees removed from the residential project site shall be: a. Replaced on-site with a 1:1 replanting. Required street trees may be counted as part of the replacement plantings; or b. Replaced off-site at a 2:1 ratio by: 1) planting trees off -site on private property within the City limits, or 2) planting street trees off -site (only after required street trees for the project site has been satisfied). 6. Native tree species with a trunk ten (10) inches or l arger in diameter or a non- native tree species (excluding blue gum eucalyptus (Eucalyptus globulus)) twenty (20) inches or larger in diameter or designated heritage trees (of any size) shall be retained and cannot be removed unless they are an imminent hazard to life or property or are dead, dying, diseased or damaged beyond reclamation (see Section 12.24.030 for definitions of heritage tree, native tree, and non-native tree). Diameter shall be measured as follows: a. If the tree is growing on flat ground, the diameter is measured 4.5 feet from the ground. b. If the tree is growing on a slope, the diameter is measured 4.5 feet above the point halfway between the upper and lower side of the slope. (Figure 1) c. If the tree is leaning, the diameter is measured 4.5 f eet above the high point of the trunk and perpendicular to the axis of the trunk. (Figure 2) d. If branches of trees fork below 4.5 feet above the ground or are multi - stemmed (branching at the ground) then each branch/stem diameter is measured individually at 4.5 feet above the ground and summed together for the total diameter. (Figure 3 & 4). Page 666 of 712 Ordinance No. _____ (2021 Series) Page 9 O ______ 17.69.030 – Downtown Building Design A. Applicability. This section shall apply to eligible residential projects (described in Section 17.69.010 above) within the Downtown Commercial (C-D) zone. In addition to this section, mixed-use projects shall also comply with Section 17.70.130.D and F through H (Mixed-Use Development). B. Building Details. Residential projects shall comply with the following building detail standards: 1. Buildings located within the Downtown (C-D zone) shall use high-quality exterior materials chosen from the list below. a. Smooth or sand finished stucco b. Cut stone c. Rusticated block (cast stone) d. Precast concrete e. Face-brick f. Ceramic or porcelain tiles 4.5 ft. 4.5 ft. 4.5 ft. 4.5 ft. Page 667 of 712 Ordinance No. _____ (2021 Series) Page 10 O ______ g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g., Hardi plank, Hardi panel) h. Wood plastic composite siding (e.g., Resysta products) i. Wood siding j. Metal paneling k. Corten steel paneling 2. The following exterior finish materials and architectural elements are prohibited: a. Mirrored glass and heavily tinted glass b. Windows with false divisions (i.e., a window where the glass continues uninterrupted behind a surface mounted mullion, interior mounted mullions (enclosed in glass), etc.) c. Vinyl and aluminum siding d. Rough “Spanish lace” stucco finish e. Plywood siding (T 1-11) f. Corrugated sheet metal g. Corrugated fiberglass h. Split face concrete block i. Exposed concrete block without integral color j. Exposed, untreated precision block walls k. False fronts l. Loading bays facing a street m. Exposed roof drains and downspouts 3. New buildings shall use the same colors, materials, and detailing throughout all elevations. Street facing and the most visible elevations may use more detailed elevations, but colors and materials shall be the same on all elevations. 4. Veneers shall turn corners and terminate into the inside corner of the building or be finished and not expose edges so that finish materials appear “thin” or artificial, as in the example of “brick” veneer applied to a single building face so that it is obviously only ½ -inch thick when viewed from the side. 5. Trim surrounds shall be provided at all exterior window and door openings. In- lieu of exterior window trim, windows can be recessed from wall plane by a minimum of two (2) inches. 6. Barrel-shaped awnings shall be used over arched windows or doorways and square or rectangular awnings shall be used on square or rectangular windows and doorways. 7. Awnings shall not be internally illuminated, shall be at least four (4) feet wide, and awnings on a single building face shall use the same awning design and color on each building floor. Page 668 of 712 Ordinance No. _____ (2021 Series) Page 11 O ______ 8. Permanent, fixed security grates or grilles in front of windows are prohibited. Any necessary security grilles shall be placed inside, behind the window display area. 9. Storefronts shall be framed by support piers and lintels. 10. Storefronts shall be primarily made of eighty (80) percent or more of clear glass. 11. Doorways shall be recessed. 12. Storefront windows shall use clear glass and sit above a base, commonly called a “bulkhead,” of eighteen (18) to thirty-six (36) inches in height. Bulkheads shall be designed as prominent and visible elements of the building facade and shall include the use of one or more of the following materials: ornamental glazed tile in deep rich hues, either plain or with patterns; dark or light marble panels; or pre-cast concrete. 13. Service access to the building for loading and maintenance functions shall not exceed twenty (20) percent of the project frontage on any facing street. 14. Where windows are proposed within ten (10) feet of another building, the windows shall be offset horizontally at least 12 inches (edge to edge) or use clearstory windows, glass block or non-operable opaque windows so as not to have a direct line-of sight into adjacent units. C. Roof Designs. Residential projects shall comply with the following roof design standards: 1. Roof lines shall be varied to break up the mass of the building. A building with a roofline longer than fifty (50) feet shall incorporate changes in roof heights of at least one (1) vertical elevation change of at least two (2) feet. 2. Overhanging eaves shall extend twelve (12) inches or more past the supporting walls. This does not apply to gable faces. 3. Steeply pitched (45 degrees or more) mansard roofs are prohibited. 4. Roof-mounted equipment shall not be visible from the public right of way and integrated within the architecture of the building. 5. The termination of a parapet shall not be visible from the public right of way or adjacent property. The parapet shall wrap around the entire roof, return at least eight (8) feet around corners, or die into an adjacent, taller wall. 6. Cornices and parapets shall: Page 669 of 712 Ordinance No. _____ (2021 Series) Page 12 O ______ a. Be utilized to conceal flat roofs and screen any roof -mounted mechanical equipment from the public right-of-way and adjacent properties. b. Match the building’s primary façade exterior colors and materials. 7. Rooflines shall be vertically articulated at least every fifty (50) feet along the street frontage, using two of the following architectural elements: parapets, varying cornices, reveals, clerestory windows, or varying roof height and/or form. D. Massing and Articulation. Residential projects shall comply with the following massing and articulation standards: 1. Buildings shall be designed to reduce apparent mass by dividing façades into a series of smaller components. Components shall be distinguished from one another through two (2) or more of the following: a. Variations in the geometry or massing of the roof or variations in roof height of two (2) feet or more. b. Changes in wall plane of one (1) foot or more. c. Changes in texture, material, or surface colors. d. Provide a minimum two (2) foot eave on the front elevation. This requirement does not apply to gable faces. 2. Buildings shall have massing breaks (offsets, recesses, or projections) at least every fifty (50) feet along street frontage through the use of varying setbacks, building entries and recesses, or structural bays. Offsets, recesses, or projections shall vary in depth and/or direction of at least twelve (12) inches and a minimum width of four (4) feet. 3. The first floor of a mixed-use project within fifty (50) feet of the street frontage shall be taller than the floors above, with a minimum plate height of ten (10) feet. 4. Buildings shall include horizontal lines that match established horizontal lines of adjacent buildings. 5. Buildings in the downtown shall provide 80% of the building facade located at the back of the sidewalk unless space between the building a nd sidewalk is a part of a pedestrian feature such as plazas, courtyards, or outdoor eating areas. 17.69.040 – Additional Design Details A. Applicability. This section shall apply to eligible residential projects in all zones, including the Downtown Commercial (C-D) zone. Page 670 of 712 Ordinance No. _____ (2021 Series) Page 13 O ______ B. Parking Areas. Residential projects shall comply with the following parking standards: 1. Parking areas shall be designed consistent with Chapter 12.38 (Parking and Driveway standards). 2. When parking lots are proposed along street frontages, they shall be screened by a wall, fence, hedge or raised planter. The chosen screening material shall be a minimum height of three (3) feet and consistent with Section 17.70.070 (Fence, Walls, and Hedges). A fence or wall shall include a minimum three- foot-wide landscaped area between the wall or fence and the street or sidewalk. The hedge and planter shall have a planting area width of three (3) feet. Screening provided near a driveway shall have a maximum height of 2.5 feet and screening at roadway intersections shall comply with Section 17.70.210 (Vision Clearance Triangle at Intersections). 3. Parking lots shall be planted with shade trees. A minimum of one twenty-four (24) inch box specimen tree, shall be required for every ten (10) parking spaces, or portion thereof, planted in structural soil, and shall be located uniformly throughout the parking area , excluding parking areas covered by solar panels. Tree species shall include any of the following: a. Acer rubrum (Red Maple) b. Ginkgo biloba (‘Fairmont’ Ginkgo) c. Platanus racemosa (California Sycamore) d. Platanus x acerifolia (London Plane) e. Platanus occidentalis (American Sycamore) f. Quercus agrifolia (Coast Live Oak) g. Tilia cordata (Littleleaf Linden) h. Ulmus parvifolia (‘Drake’ Chinese Elm) i. Ulmus americana (American Elm) j. Zelkova serrata (Zelkova ‘Green Vase’) C. Bicycle Parking Areas. Residential projects shall comply with the following bicycle parking standards: 1. Long term bicycle parking spaces shall be enclosed, lockable, and located within the residential building on the first floor unless the building includes elevator access to the upper floors. 2. Long term bicycle parking spaces shall provide a minimum of one (1) outlet and an additional outlet per ten (10) bicycle parking spaces for charging electric bicycles. 3. Long term bicycle parking racks shall be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level (example: the Two-Tier Double Docker Bike Rack by Ground Control Systems). Page 671 of 712 Ordinance No. _____ (2021 Series) Page 14 O ______ 4. Short-term bicycle racks shall be peak style racks. D. Pedestrian Access. Residential projects shall comply with the following pedestrian access standards: 1. A system of pedestrian walkways shall connect all buildings on a site to each other, to onsite automobile and bicycle parking areas, and to any onsite open space areas or pedestrian amenities. 2. An onsite walkway shall connect the principal building entry or entries to a public sidewalk on each street frontage. E. Lighting. Residential projects shall comply with the following lighting standards: 1. Project exterior and parking lot lighting shall comply with Section 17.70.100 (Lighting and Night Sky Preservation). F. Fencing. Residential projects shall comply with the following fencing standards: 1. Any proposed fencing shall be consistent with Section 17.70.070 (Fence, Walls, and Hedges). 2. Chain link fencing is not allowed. G. Trash Enclosure Design. Residential projects shall comply with the following trash enclosure design standards: 1. Trash enclosures shall accommodate for three (3) waste streams: trash, recycling, and organics and shall be designed consistent with Section 17.70.200. 2. Trash enclosures shall be designed to include accent materials and colors that match the main residential building(s). 3. Designs of trash enclosures shall comply with the City’s engineering standards. H. Miscellaneous. Residential projects shall comply with the following miscellaneous standards: 1. All mechanical and electrical equipment shall be located internally within the proposed buildings. If equipment cannot be located internally due to code requirements, it shall be screened using a combination of at least two of the following: paint color, landscaping, fencing, or walls consistent with other City standards. Page 672 of 712 Ordinance No. _____ (2021 Series) Page 15 O ______ 2. Any required backflow preventer and double-check assembly shall be located inside the building within twenty (20) feet of the front property line. Where this is not possible, due to code requirements, the backflow preventer and double - check assembly shall be located in the street yard and screened using a combination of at least two of the following: paint color, landscaping, fencing or walls consistent with other City standards. 3. Fire Department equipment required to be accessible by an exterior door shall be integrated into the exterior building design by using the same materials and colors. SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Page 673 of 712 Ordinance No. _____ (2021 Series) Page 16 O ______ SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of _____________, 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _____ day of _________, 2021, on the following vote: AYES: NOES: ABSENT: ___________________________ Mayor Erica A. Stewart ATTEST: _______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 674 of 712 RESOLUTION NO. PC-1047-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO RECOMMENDING THE CITY COUNICL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ADDING OBJECTIVE DESIGN STANDARDS CHAPTER 17.69 FOR QUALIFYING RESIDENTIAL PROJECTS WITH AN EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED SEPTEMBER 22, 2021 (CITYWIDE; CODE-0523-2021) WHEREAS, the City Council adopted the 6th Cycle Housing Element on November 17, 2020, that includes Program 6.22 that states, “Update the City’s municipal code to expand objective design standards within one year of the adoption of the Housing Element Update;” and WHEREAS, the City of San Luis Obispo wishes to update the City’s Municipal Code and introduce Objective Design Standards for Qualifying Residential Projects (Chapter 17.69) of Title 17 consistent with the 6th Cycle Housing Element; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo meeting was conducted via teleconference on June 21, 2021 for the purpose of receiving a staff presentation regarding Objective Design Standards for qualifying residential projects and selecting a subcommittee to assist staff with further development of the draft ODS; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo meeting was conducted via teleconference on August 16, 2021 for the purpose of reviewing an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects , and recommended approving the standards with specific changes; and WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was conducted via teleconference on September 22, 2021, for the purpose of considering an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects; and WHEREAS, notice of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: Page 675 of 712 Planning Commission Resolution No. PC-1047-21 CODE-0523-2021 Page 2 SECTION 1. Findings. The Planning Commission does hereby recommend the City Council introduce and adopt the proposed Objective Design Standards for qualifying residential projects based on the following findings: 1. The proposed amendments to Title 17 of the Municipal Code are consistent with the 6th Cycle Housing Element Program 6.22 which states “Update the City’s municipal code to expand objective design standards within one year of the adoption of the Housing Element Update.” 2. The addition of Chapter 17.69 to Title 17 of the Municipal Code will not alter the character of the City or cause health safety or welfare concerns because the amendment is consistent with the General Plan and directly implements City goals and policies. SECTION 2. Environmental Review. The proposed amendment to the Municipal Code Title 17 has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed amendment has been determined exempt per CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed action consists only of the adoption of new standards for objective review of qualifying projects and will have no physical effects on the environment and has no possibility of a significant effect on the environment. The Objective Design Standards are consistent with development standards of the Zoning Regulations and projects which qualify for the Objective Design Standards will be required to comply with all relevant City standards, codes, and regulations. SECTION 3 . Recommendation. The Planning Commission does hereby recommend the City Council introduce and adopt an ordinance amending Title 17 (Zoning Regulations) of the Municipal Code with Objective Design Standards for qualifying residential projects as set forth in Attachment 1. Upon motion of Commissioner Kahn, seconded by Commissioner Dan d ekar and on the following roll call vote: AYES: Commissioners Hopkins, Shoresman, Wulkan, Vice Chair Quincey, Chair Jorgensen NOES: None RECUSED: None ABSENT: None The foregoing resolution was passed and adopted this 22nd day of September 2021. Tyler Corey, Secretary Planning Commission Page 676 of 712 ATTACHMENT 1: DRAFT ORDINANCE ORDINANCE NO. XXXX (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE WITH OBJECTIVE DESIGN STANDARDS FOR QUALIFYING RESIDENTIAL PROJECTS WITH AN EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) WHEREAS, the City Council adopted the 6th Cycle Housing Element on November 17, 2020, that includes Program 6.22 that states, “Update the City’s municipal code to expand objective design standards within one year of the adoption of the Housing Element Update;” and WHEREAS, the City of San Luis Obispo wishes to update the City’s Municipal Code and introduce Objective Design Standards for Qualifying Residential Proje cts (Chapter 17.69) of Title 17 consistent with the 6th Cycle Housing Element; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a web based public hearing on June 21, 2021 for the purpose of receiving a staff presentation regarding Objective Design Standards for qualifying residential projects and selecting a subcommittee to assist staff with further development of the draft ODS; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a web based public hearing on August 16, 2021 for the purpose of reviewing an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects, and recommended approving the standards with specific changes; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing on September 22, 2021, for the purpose of considering an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects; and WHEREAS, the City Council of the City of San Luis Obispo conducted a web based public hearing on November 2, 2021, for the purpose of considering an amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective Design Standards for qualifying residential projects; and WHEREAS, the City Council finds that the proposed amendment is consistent with the General Plan, Zoning Regulations, and other applicable City goals and policies as amended; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and Page 677 of 712 ATTACHMENT 1 WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Incorporation of Recitals. The City Council find that the foregoing recitals and administrative report presented with this ordinance are true and correct and are incorporated in the ordinance by this reference and adopted as the findings of the City Council. SECTION 2. Findings. Based upon all evidence, the City Council makes the following findings: 1. The proposed amendments to Title 17 of the Municipal Code are consistent with the 6th Cycle Housing Element Program 6.22 which states “Update the City’s municipal code to expand objective design standards within one year of the adoption of the Housing Element Update.” 2. The addition of Chapter 17.69 to Title 17 of the Municipal Code will not alter the character of the City or cause health safety or welfare concerns because the amendment is consistent with the General Plan and directly implements City goals and policies. SECTION 3. Environmental Determination. The proposed amendment to the Municipal Code Title 17 has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed amendment has been determined exempt per CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed action consists only of the adoption of new standards for objective review of qualifying projects and will have no physical effects on the environment and has no possibility of a significant effect on the environment. The Objective Design Standards are consistent with development standards of the Zoning Regulations and projects which qualify for the Objective Design Standards will be required to comply with all relevant City standards, codes, and regulations. SECTION 4. Action. Chapter 17.69 of the San Luis Obispo Municipal Code, is hereby amended to read as follows: 17.69 Objective Design Standards for Qualifying Residential Projects Sections: 17.69.010 – Purpose and Application 17.69.020 – Building and Site Design Standards 17.69.030 – Downtown Building Design Standards 17.69.040 – Additional Design Requirements Page 678 of 712 ATTACHMENT 1 17.69.010 - Purpose and Application A. Purpose. This Chapter is intended to provide objective standards for the design of residential and mixed-use projects (herein referred to as “residential projects”) that are eligible for ministerial, streamlined approval to ensure compatibility with existing and planned development on the site and adjacent and nearby properties while also supporting the development of housing consistent with the City’s General Plan. B. Applicability. The provisions of this chapter apply to all residential projects, in all zones, that qualify for streamlined, ministerial processing per Government Code Section 65913.4, or that are a “use by right” residential project. In addition, eligible residential projects must comply with all objective City policies, thresholds of significance, development standards, and design standards as established in, but not limited to, the General Plan, Zoning Regulations, City Standard Specifications and Engineering Standards, Active Transportation Plan, Transportation Impact Study Guidelines, Climate Action Plan, and the Municipal Code. A “use by right” residential project is a residential project that includes at least 20 percent of the units as affordable to lower income households (low, very low, and extremely low) and does not require discretionary review or approval (ministerial review only) and residential projects that are otherwise deemed subject to ministerial processing per state or local law. Residential projects seeking exceptions, waivers, or modifications to any development standards set forth in the City’s Zoning Regulations or the design standards set forth in this chapter, excluding modifications granted as part of density bonus concession, incentive, parking reduction, or waiver of development standards pursuant to State Density Bonus Law or the City’s density bonus regulations (Chapter 17.140), shall not be eligible for ministerial and/or streamlined processing contemplated by this chapter, and will be subject to the City’s discretionary development review process outlined in Chapter 17.106 of the Municipal Code. Where these standards conflict with other state law or local code requirements (including but not limited to California Building Code and the City’s Standard Specifications and Engineering Standards) the more restrictive provision shall prevail. 17.69.020 - Building and Site Design A. Applicability. This section shall apply to eligible residential projects (described in Section 17.69.010 above) in all zones, except for the Downtown Commercial (C-D) zone. Building and site design standards for eligible residential projects in the C-D zone are provided in Section 17.69.030 (Downtown Building Design) below. In addition to this section, mixed- use projects shall also comply with Section 17.70.130.D and F through H (Mixed-Use Development). B. Building Details. Residential projects shall comply with the following building detail standards: 1. Buildings shall use exterior wall materials chosen from the list below. Page 679 of 712 ATTACHMENT 1 a. Smooth or sand finished stucco b. Cut stone c. Rusticated block (cast stone) d. Precast concrete e. Brick veneer f. Ceramic or porcelain tiles g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g., Hardi plank, Hardi panel) h. Corrugated metal (within Commercial Zones (C-C, C-T, C-S, C-R, M), or as an accent material, covering no more than 15% on the exterior, within all other zones)) i. Metal paneling (only within Commercial Zones (C-C, C-T, C-S, C-R, M), or as an accent material, covering no more than 15% on the exterior, within all other zones) j. Corten steel paneling (only within Commercial Zones (C-C, C-T, C-S, C-R, M), or as an accent material, covering no more than 15% on the exterior, within all other zones) k. Wood plastic composite siding (e.g., Resysta products) l. Wood siding m. Burnished block (only within Commercial Zones (C-C, C-T, C-S, C-R, M) 2. Veneers shall turn corners and terminate into the inside corner of the building or be finished and not expose edges so that finish materials appear “thin” or artificial, as in the example of “brick” veneer applied to a single building face so that it is obviously only ½ -inch thick when viewed from the side. 3. Exterior window shutters shall match the size and shape of adjacent window openings. 4. Affordable units and market rate units in the same development shall be constructed of the same materials and details such that the units are not distinguishable from one another. 5. Trim surrounds shall be provided at all exterior window and door openings. In-lieu of exterior window trim, windows can be recessed from wall plane by a minimum of two (2) inches. 6. Structures (including garages and carports) shall not exceed one hundred fifty (150) feet in length. 7. Detached garages and carports shall be designed to include a minimum of two (2) of the following from the main building(s): materials, detailing, roof materials, and colors. 8. Stairs and stair wells that provide primary access to units on upper floors shall be covered and fully integrated into the principal and secondary building façades. Page 680 of 712 ATTACHMENT 1 9. Service access to the building for loading and maintenance functions shall not exceed twenty (20) percent of the project frontage on any facing street. 10. Where windows are proposed within ten (10) feet of another building, the windows shall be offset horizontally at least 12 inches (edge to edge) or use clerestory windows, glass block or non-operable opaque windows so as not to have a direct line-of sight into adjacent units. 11. . Residential buildings shall include windows that overlook outdoor spaces. C. Roof Designs. Residential projects shall comply with the following roof design standards: 1. Roof lines shall be varied to break up the mass of the building. A building with four (4) or more attached residential units or a residential building with a roofline longer than fifty (50) feet shall incorporate changes in roof heights of at least one (1) vertical elevation change of at least two (2) feet. 2. Overhanging eaves shall extend twelve (12) inches or more past the supporting walls. This requirement does not apply to gable faces. 3. Steeply pitched (45 degrees or more) mansard roofs are prohibited. 4. Roof-mounted equipment shall not be visible from the public right of way and integrated within the architecture of the building. 5. Roof decks shall be prohibited in residential zones (R-1, R-2, R-3, R-4) and the Office (O) zone unless setback 15 feet or more from side and rear property lines and utilize solid walls or barriers at deck edges. All projects that include roof top uses shall comply with Section 17.70.150 (Rooftop Uses). 6. The termination of a parapet shall not be visible from the public right of way or adjacent property. The parapet shall wrap around the entire roof, return at least eight (8) feet around corners, or die into an adjacent, taller wall. 7. Cornices and parapets shall a. Be utilized to conceal flat roofs and screen any roof-mounted mechanical equipment from the public right-of-way and adjacent properties. b. Match the building’s primary façade exterior colors and materials. D. Massing and Articulation. Residential projects shall comply with the following massing and articulation standards: 1. Blank walls (facades without doors or windows) shall be fifty (50) feet or less in length. Blank walls of any length shall include the use of at least one of the following treatments: a. Utilize at least two (2) different materials. Page 681 of 712 ATTACHMENT 1 b. Utilize at least two (2) different paint colors. c. Incorporate offsets. Offsets shall vary in depth and/or direction of at least twelve (12) inches, or be a repeated pattern of offsets, recesses, or projections of similar depth along the length of the wall. d. Install landscaping that covers twenty-five (25) percent of the wall within ten (10) years. 2. Buildings shall have massing breaks (offsets, recesses, or projections) at least every fifty (50) feet along street frontage through the use of varying setbacks, building entries and recesses, or structural bays. Offsets, recesses, or projections shall vary in depth and/or direction of at least twelve (12) inches and a minimum width of four (4) feet. 3. Buildings three or more stories shall distinguish the first story from the upper stories by using a minimum of two (2) architectural details (e.g., arches, awnings, transom windows, columns, cornices, lintels, moldings, trellises) for every fifty (50) feet of the first story front elevation. 4. Mixed-use buildings three or more stories shall provide a first story elevation that is distinctive from the upper stories through a material change, change in color, or use of different architectural details such as reveals, course lines, decorative cornice, columns, etc. 5. The first floor of a mixed-use project within fifty (50) feet of the street frontage shall be taller than the floors above, with a minimum plate height of ten (10) feet. 6. Buildings three or more stories shall step-back the building mass a minimum of five (5) feet for fifty (50) percent of the building facade above the second story. 7. Every residential building shall incorporate two (2) or more of the following building massing and articulation techniques: a. Vary building height by at least two (2) feet over twenty (20) percent of the main building (as viewed in plan view). b. Vary the geometry or massing of the roof through changes in type, height, pitch, or orientation. c. Use offsets, recesses, (e.g., courtyards, entryways, alcoves, deep door and window recesses) and projections (e.g., stairs, towers, balconies, cantilevers, dormers, bay windows, awnings) to create a sense of depth. d. Provide a minimum two (2) foot roof eave on the front elevation. This requirement does not apply to gable faces. E. Common and Private Spaces. Residential projects shall comply with the following common and private space standards: 1. Residential projects within the R-2, R-3, and R-4 zones shall have a minimum of sixty- five (65) square feet of private outdoor space per unit for at least 60% of the units and provide a minimum of one hundred (100) square feet per unit, for all units in the project, Page 682 of 712 ATTACHMENT 1 to common space. Common space is recreation space provided inside or outside a residential building for the use of all the residents for recreation or social purposes and is readily accessible by all the residents. To qualify as private open space, the space must be private and directly accessible from the unit it serves and must have a minimum dimension in every direction of six (6) feet. To qualify as common space, individual spaces must have a minimum dimension in every direction of ten (10) feet. 2. Residential projects within the O, C-N, C-T C-R, C-C, C-S, and M zones shall provide a minimum of fifty (50) square feet per unit to common space. Common space is recreation space provided inside or outside a residential building for the use of all the residents for recreation or social purposes and is readily accessible by all the residents. To qualify as common space, individual spaces must have a minimum dimension in every direction of ten (10) feet. F. Landscaping. Residential projects shall comply with the following landscape standards: 1. The landscape design plan shall be consistent with Section 17.70.220 (Water-efficient landscape standards), Section 12.38.090 (Landscaping standards), and include the following information: a. Location, sizes, and species of all proposed groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. b. The location and description (e.g., colors, materials, etc.) of all hardscapes such as decks, patios, walkways or paths, artificial turf or other pervious or non- pervious materials. 2. All required front and street-facing side setbacks, except for areas used for exit, entry, or common outdoor space shall be landscaped. All projects shall landscape at least ten (10) percent of the project site. 3. Landscaping areas shall consist of a combination of living trees, groundcover, shrubbery, turf, and related natural features such as rock, stone, or bark chips to adequately cover all designated landscaping areas. 4. Landscaping shall be top-dressed with three (3) inches of mulch. Mulch shall be maintained within planted areas and shall not migrate onto hard surfaces, such as sidewalks, patios, and parking lots. 5. Any trees removed from the residential project site shall be: a. Replaced on-site with a 1:1 replanting. Required street trees may be counted as part of the replacement plantings; or b. Replaced off-site at a 2:1 ratio by: 1) planting trees off-site on private property within the City limits, 2) planting street trees off-site (only after required street trees for the project site has been satisfied), or 3) purchasing trees for the City’s Urban Forest program. Page 683 of 712 ATTACHMENT 1 6. Native tree species with a trunk ten (10) inches or larger in diameter or a non-native tree species (excluding blue gum eucalyptus (Eucalyptus globulus)) twenty (20) inches or larger in diameter or designated heritage trees (of any size) shall be retained and cannot be removed unless they are an imminent hazard to life or property or are dead, dying, diseased or damaged beyond reclamation (see Section 12.24.030 for definitions of heritage tree, native tree, and non-native tree). Diameter shall be measured as follows: a. If the tree is growing on flat ground, the diameter is measured 4.5 feet from the ground. b. If the tree is growing on a slope, the diameter is measured 4.5 feet above the point halfway between the upper and lower side of the slope. (Figure 1) c. If the tree is leaning, the diameter is measured 4.5 feet above the high point of the trunk and perpendicular to the axis of the trunk. (Figure 2) d. If branches of trees fork below 4.5 feet above the ground or are multi-stemmed (branching at the ground) then each branch/stem diameter is measured individually at 4.5 feet above the ground and summed together for the total diameter. (Figure 3 & 4). 4.5 ft. 4.5 ft. 4.5 ft. 4.5 ft. Page 684 of 712 ATTACHMENT 1 17.69.030 – Downtown Building Design A. Applicability. This section shall apply to eligible residential projects (described in Section 17.69.010 above) within the Downtown Commercial (C-D) zone. In addition to this section, mixed-use projects shall also comply with Section 17.70.130.D and F through H (Mixed- Use Development). B. Building Details. Residential projects shall comply with the following building detail standards: 1. Buildings located within the Downtown (C-D zone) shall use high-quality exterior materials chosen from the list below. a. Smooth or sand finished stucco b. Cut stone c. Rusticated block (cast stone) d. Precast concrete e. Face-brick f. Ceramic or porcelain tiles g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g., Hardi plank, Hardi panel) h. Wood plastic composite siding (e.g., Resysta products) i. Wood siding j. Metal paneling k. Corten steel paneling 2. The following exterior finish materials and architectural elements are prohibited: a. Mirrored glass and heavily tinted glass b. Windows with false divisions (i.e., a window where the glass continues uninterrupted behind a surface mounted mullion, interior mounted mullions (enclosed in glass), etc.) c. Vinyl and aluminum siding d. Rough “Spanish lace” stucco finish e. Plywood siding (T 1-11) f. Corrugated sheet metal g. Corrugated fiberglass h. Split face concrete block i. Exposed concrete block without integral color j. Exposed, untreated precision block walls k. False fronts l. Loading bays facing a street m. Exposed roof drains and downspouts 3. New buildings shall use the same colors, materials, and detailing throughout all elevations. Street facing and the most visible elevations may use more detailed elevations, but colors and materials shall be the same on all elevations. Page 685 of 712 ATTACHMENT 1 4. Veneers shall turn corners and terminate into the inside corner of the building or be finished and not expose edges so that finish materials appear “thin” or artificial, as in the example of “brick” veneer applied to a single building face so that it is obviously only ½ -inch thick when viewed from the side. 5. Trim surrounds shall be provided at all exterior window and door openings. In-lieu of exterior window trim, windows can be recessed from wall plane by a minimum of two (2) inches. 6. Barrel-shaped awnings shall be used over arched windows or doorways and square or rectangular awnings shall be used on square or rectangular windows and doorways. 7. Awnings shall not be internally illuminated, shall be at least four (4) feet wide, and awnings on a single building face shall use the same awning design and color on each building floor. 8. Permanent, fixed security grates or grilles in front of windows are prohibited. Any necessary security grilles shall be placed inside, behind the window display area. 9. Storefronts shall be framed by support piers and lintels. 10. Storefronts shall be primarily made of eighty (80) percent or more of clear glass. 11. Doorways shall be recessed. 12. Storefront windows shall use clear glass and sit above a base, commonly called a “bulkhead,” of eighteen (18) to thirty-six (36) inches in height. Bulkheads shall be designed as prominent and visible elements of the building facade and shall include the use of one or more of the following materials: ornamental glazed tile in deep rich hues, either plain or with patterns; dark or light marble panels; or pre-cast concrete. 13. Service access to the building for loading and maintenance functions shall not exceed twenty (20) percent of the project frontage on any facing street. 14. Where windows are proposed within ten (10) feet of another building, the windows shall be offset horizontally at least 12 inches (edge to edge) or use clerestory windows, glass block or non-operable opaque windows so as not to have a direct line-of sight into adjacent units. C. Roof Designs. Residential projects shall comply with the following roof design standards: 1. Roof lines shall be varied to break up the mass of the building. A building with a roofline longer than fifty (50) feet shall incorporate changes in roof heights of at least one (1) vertical elevation change of at least two (2) feet. Page 686 of 712 ATTACHMENT 1 2. Overhanging eaves shall extend twelve (12) inches or more past the supporting walls. This does not apply to gable faces. 3. Steeply pitched (45 degrees or more) mansard roofs are prohibited. 4. Roof-mounted equipment shall not be visible from the public right of way and integrated within the architecture of the building. 5. The termination of a parapet shall not be visible from the public right of way or adjacent property. The parapet shall wrap around the entire roof, return at least eight (8) feet around corners, or die into an adjacent, taller wall. 6. Cornices and parapets shall: a. Be utilized to conceal flat roofs and screen any roof-mounted mechanical equipment from the public right-of-way and adjacent properties. b. Match the building’s primary façade exterior colors and materials. 7. Rooflines shall be vertically articulated at least every fifty (50) feet along the street frontage, using two of the following architectural elements: parapets, varying cornices, reveals, clerestory windows, or varying roof height and/or form. D. Massing and Articulation. Residential projects shall comply with the following massing and articulation standards: 1. Buildings shall be designed to reduce apparent mass by dividing façades into a series of smaller components. Components shall be distinguished from one another through two (2) or more of the following: a. Variations in the geometry or massing of the roof or variations in roof height of two (2) feet or more. b. Changes in wall plane of one (1) foot or more. c. Changes in texture, material, or surface colors. d. Provide a minimum two (2) foot eave on the front elevation. This requirement does not apply to gable faces. 2. Buildings shall have massing breaks (offsets, recesses, or projections) at least every fifty (50) feet along street frontage through the use of varying setbacks, building entries and recesses, or structural bays. Offsets, recesses, or projections shall vary in depth and/or direction of at least twelve (12) inches and a minimum width of four (4) feet. 3. The first floor of a mixed-use project within fifty (50) feet of the street frontage shall be taller than the floors above, with a minimum plate height of ten (10) feet. 4. Buildings shall include horizontal lines that match established horizontal lines of adjacent buildings. Page 687 of 712 ATTACHMENT 1 5. Buildings in the downtown shall provide 80% of the building facade located at the back of the sidewalk unless space between the building and sidewalk is a part of a pedestrian feature such as plazas, courtyards, or outdoor eating areas. 17.69.040 – Additional Design Details A. Applicability. This section shall apply to eligible residential projects in all zones, including the Downtown Commercial (C-D) zone. B. Parking Areas. Residential projects shall comply with the following parking standards: 1. Parking areas shall be designed consistent with Chapter 12.38 (Parking and Driveway standards). 2. When parking lots are proposed along street frontages, they shall be screened by a wall, fence, hedge or raised planter. The chosen screening material shall be a minimum height of three (3) feet and consistent with Section 17.70.070 (Fence, Walls, and Hedges). A fence or wall shall include a minimum three-foot-wide landscaped area between the wall or fence and the street or sidewalk. The hedge and planter shall have a planting area width of three (3) feet. Screening provided near a driveway shall have a maximum height of 2.5 feet and screening at roadway intersections shall comply with Section 17.70.210 (Vision Clearance Triangle at Intersections). 3. Parking lots shall be planted with shade trees. A minimum of one twenty-four (24) inch box specimen tree, shall be required for every ten (10) parking spaces, or portion thereof, planted in structural soil, and shall be located uniformly throughout the parking area, excluding parking areas covered by solar panels. Tree species shall include any of the following: a. Acer rubrum (Red Maple) b. Ginkgo biloba (‘Fairmont’ Ginkgo) c. Platanus racemosa (California Sycamore) d. Platanus x acerifolia (London Plane) e. Platanus occidentalis (American Sycamore) f. Quercus agrifolia (Coast Live Oak) g. Tilia cordata (Littleleaf Linden) h. Ulmus parvifolia (‘Drake’ Chinese Elm) i. Ulmus americana (American Elm) j. Zelkova serrata (Zelkova ‘Green Vase’) C. Bicycle Parking Areas. Residential projects shall comply with the following bicycle parking standards: 1. Long term bicycle parking spaces shall be enclosed, lockable, and located within the residential building on the first floor unless the building includes elevator access to the upper floors. Page 688 of 712 ATTACHMENT 1 2. Long term bicycle parking spaces shall provide a minimum of one (1) outlet and an additional outlet per ten (10) bicycle parking spaces for charging electric bicycles. 3. Long term bicycle parking racks shall be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level (example: the Two-Tier Double Docker Bike Rack by Ground Control Systems). 4. Short-term bicycle racks shall be peak style racks. D. Pedestrian Access. Residential projects shall comply with the following pedestrian access standards: 1. A system of pedestrian walkways shall connect all buildings on a site to each other, to onsite automobile and bicycle parking areas, and to any onsite open space areas or pedestrian amenities. 2. An onsite walkway shall connect the principal building entry or entries to a public sidewalk on each street frontage. E. Lighting. Residential projects shall comply with the following lighting standards: 1. Project exterior and parking lot lighting shall comply with Section 17.70.100 (Lighting and Night Sky Preservation). F. Fencing. Residential projects shall comply with the following fencing standards: 1. Any proposed fencing shall be consistent with Section 17.70.070 (Fence, Walls, and Hedges). 2. Chain link fencing is not allowed. G. Trash Enclosure Design. Residential projects shall comply with the following trash enclosure design standards: 1. Trash enclosures shall accommodate for three (3) waste streams: trash, recycling, and organics and shall be designed consistent with Section 17.70.200. 2. Trash enclosures shall be designed to include accent materials and colors that match the main residential building(s). 3. Designs of trash enclosures shall comply with the City’s engineering standards. H. Miscellaneous. Residential projects shall comply with the following miscellaneous standards: Page 689 of 712 ATTACHMENT 1 1. All mechanical and electrical equipment shall be located internally within the proposed buildings. If equipment cannot be located internally due to code requirements, it shall be screened using a combination of at least two of the following: paint color, landscaping, fencing, or walls consistent with other City standards. 2. Any required backflow preventer and double-check assembly shall be located inside the building within twenty (20) feet of the front property line. Where this is not possible, due to code requirements, the backflow preventer and double-check assembly shall be located in the street yard and screened using a combination of at least two of the following: paint color, landscaping, fencing or walls consistent with other City standards. 3. Fire Department equipment required to be accessible by an exterior door shall be integrated into the exterior building design by using the same materials and colors. SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on 7th day of December, 2021, on the following vote: AYES: NOES: ABSENT: ______________________________ Mayor ATTEST: Teresa Purrington City Clerk Page 690 of 712 ATTACHMENT 1 APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ____ day of _________________, 2021. Teresa Purrington City Clerk Page 691 of 712 Page 692 of 712 REVIEW OF A DRAFT ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE WITH OBJECTIVE DESIGN STANDARDS FOR QUALIFYING RESIDENTIAL PROJECTSNovember 2, 2021 RecommendationIntroduce an Ordinance entitled, “An Ordinanceof the City Council of the City of San LuisObispo, California, amending Title 17 (ZoningRegulations) of the Municipal Code withObjective Design Standards for qualifyingresidential projects with an exemption fromEnvironmental Review (CEQA).”2 Housing Element & State LegislationHousing Element Update adopted in November 2020.Housing Element Program 6.22 puts forth that the City will update the municipalcode to expand objective design standards within one year of the adoption oftheHousing Element Update.This program was included because recent California legislation has beenadopted that requires a streamlined, ministerial process or by-right ministerialreview for specific, eligible, residential developments.Per State legislation these eligible projects have to be reviewed ministeriallyagainstobjectivestandards rather than through the City’s discretionary entitlementprocess.3 Eligible ProjectsProjects that will be reviewed against objective design standards include:Projects that qualify under Government CodeSection 65913.4 (SB 35).“Use By Right” residential projects:Transitional and supportive housing (AB 2126).Housing developments in which at least 20% ofthe units are affordable to lower incomehouseholds (HE Programs 2.17 and 2.18)Residential projects that are otherwise deemedsubject to ministerial processing per state or locallaw.4 Objective Standards Objective standards are a type of regulation that do notrequire judgement to determine that they have beenmet.Examples: specific building heights limits, buildingsetbacks from property lines, and a minimum numberof parking spaces required for a development project.These are considered “objective standards” becausethey are numeric and do not require a subjectiveopinion to determine whether a development projectfollows those standards.The City has established objective policies, thresholdsof significance, development standards, and somedesign standards.5 Objective DesignStandards Currently, design related direction is provided in theCity’s CDG and many of the guidelines arenotobjective.The ODS utilize concepts and direction from the CDG,City policies, and examples from other jurisdictions toprovide minimum design standards to ensure newdevelopment is compatible and complementary withexisting development while also allowing flexibility forcreativity.6 Example Objective Design StandardCDG:Multi-story buildings should be set back above the secondor third level to maintain a street façade that is consistent with thehistoric pattern of development, maintaining the general similarity of building heights at the sidewalk edge.ODS:Buildings three or more stories shall step-back the buildingmass a minimum of five (5) feet for fifty (50) percent of the building facade above the second story.7 Previous ReviewJune 21, 2021: ARC received a presentation from staff and selected a subcommitteeto assist staff with further development of the draft ODS.July 2021: Staff met with the ARC subcommittee twice to review the draft ODS andreceived feedback from local building design, architecture, and developmentprofessionals.August 16, 2021: The ARC reviewed the draft ODS and recommended the PlanningCommission recommend approval of the standards with specific changes.September 22, 2021: Planning Commission reviewed the revised draft ODS thatincluded ARC’s and staff’s proposed changes and recommended the City Councilintroduce and adopt the standards with a few modifications discussed below.8 PC Recommendation #1PC Recommendation: The PC recommended that thephrase “high-quality” be removed from ODS 17.69.020.B(1)since it is a subjective phrase.Staff Response: Staff has removed the phrase “high-quality” from ODS 17.69.020.B(1) and 17.69.030.B(1)(which also used the phrase) as all the materials listed inthe ODS are considered high-quality and the phase may beconstrued as subjective.17.69.030.B(1) has been corrected as follows:Buildings located within the Downtown (C-D zone) shallusehigh qualityexterior materials chosen from the listbelow.9 PC Recommendation #2PC Recommendation: The PC recommended ODS17.69.020.B(2) be removed to provide more flexibility ofthe use of different colors, materials, and detail on thebuildings elevations as opposed to being required touse the same colors, materials, and details on all sides.Staff Response: Staff has removed ODS17.69.020.B(2).2. Buildings shall use the same colors, materials, anddetailing throughout all elevations. Street facing and themost visible elevations may use more architecturaldetails, but colors and materials shall be the same on allelevations.10 PC Recommendation #3PC Recommendation: The PC recommended thelanguage of ODS 17.69.020.B(11) be simplified for clarity.Staff Response: Per PC’s direction, staff has revised ODS17.69.020.B(11).11. All residential units that front, face, or overlook a public,common or private outdoor space shall be designed with atleast one window that provides overlook on the outdoorspace. Residential buildings shall include windows thatoverlook outdoor spaces.11 PC Recommendation #4PC Recommendation: The PC recommended the language of ODS 17.69.020.E(1) bemodified to require both private and common open space be provided as a partof aresidential project.Staff Response: Per PC’s direction, staff has revised ODS 17.69.020.E(1).1. Residential projects within the R-2, R-3, and R-4 zones shall have a minimum of sixty-five (65) square feet of private outdoor space per each unit for at least 60%of the units orand provide a minimum of one hundred (100) square feet per unit, for all unitsintheproject, to common space. Common space is recreation space provided insideoroutsidea residential building for the use of all the residents for recreation or social purposes andis readily accessible by all the residents. To qualify as private open space, the space mustbe private and directly accessible from the unit it serves and must have a minimumdimension in every direction of six (6) feet. To qualify as common space, individual spacesmust have a minimum dimension in every direction of ten (10) feet.12 PC Recommendation #5PC Recommendation: The PC provided direction thatminimum area required to be landscaped on a residentialproject site be reduced from 15 percent to 10 percent (ODS17.69.020.F(2)).Staff Response: Staff supports the reduction and revisedODS 17.69.020.F(2).2. All required front and street-facing side setbacks, exceptfor areas used for exit, entry, or common outdoor space shallbe landscaped. All projects shall landscape at least fifteenten (1015) percent of the project site.13 PC Recommendation #6PC Recommendation: The PC recommended the language ofODS 17.69.020.F(5) be revised to provide off-site options forreplacing trees. They proposed a minimum of a 2:1 replantingoff-site in three specific ways:1)Planting trees off-site on private property within the Citylimits,2)Planting street trees off-site (only after required street treesfor the project site has been satisfied), or3)Purchasing trees for the City’s Urban Forest program.14 PC Recommendation #6Staff Response: Staff has revised ODS 17.69.020.F(5) to reflectmost of PC’s recommendation. Staff is recommending the optionto purchase trees for the City’s Urban Forestry program not beincluded in the revision.5. Any trees removed from the residential project site shall be: a)Replaced on-site with a 1:1 replanting. Required street trees maybe counted as part of the replacement plantings; or b) Replacedoff-site at a 2:1 ratio by: 1) planting trees off-site on privateproperty within the City limits, or 2) planting street trees off-site(only after required street trees for the project site has beensatisfied).15 PC Recommendation #7PC Recommendation: Add a new requirement to ODS 17.69.040.Cregarding a specific style of short-term bicycle parking rack. Theyproposed that all residential projects only install a peak style rack forshort-term bicycle parking.Staff Response: The Planning Commission’s recommendation isconsistent with the direction provided in the Active Transportation Plan(ATP). Specifically, ATP Policy 7.25. Because the goal of the ODS is toprovide specific, clear requirements for residential development, theproposed additional standard is appropriate and consistent with Citypolicy.4. Short-term bicycle racks shall bePeak Rack type peak styleracks.16 Environmental ReviewThe project is exempt per CEQA Guidelines Section 15061(b)(3), the “Common Sense”exemption because:The proposed action consists only of the adoption of new standards for objective reviewof qualifying projects.Will have no physical effects on the environment and has no possibility of asignificanteffect on the environment.The Objective Design Standards are consistent with development standardsoftheZoning Regulations.Projects which qualify for the Objective Design Standards will be required to complywith all relevant City standards, codes, and regulations.17 Clarifications & ModificationsODS 17.69.020.D(1) amended as follows for clarity:Any wall of any length on a building without doors or windows Blank walls (facades without doorsor windows) shall be fifty (50) feet orless in length. Blank walls of any lengthshall include the useof at least one of the following treatments:a.Utilize at least two (2) different materials.b.Utilize at least two (2) different paint colors.c.Incorporate offsets. Offsets shall vary in depth and/or direction of at least twelve (12) inches,or be a repeated pattern of offsets, recesses, or projections of similar depth along the lengthof the wall.d.Install landscaping that covers twenty-five (25) percent of the wall within ten (10) years.18 Clarifications & ModificationsODS 17.69.020.D(7d) and 17.69.030.D(1d) amended as follows:Every residential building shall incorporate two (2) or more of the following building massing andarticulation techniques:a.Vary building height by at least two (2) feet over twenty (20) percent of themain building (asviewed in plan view).b.Vary the geometry or massing of the roof through changes in type, height, pitch, ororientation.c.Use offsets, recesses, (e.g., courtyards, entryways, alcoves, deep doorand windowrecesses) and projections (e.g., stairs, towers, balconies, cantilevers, dormers, baywindows, awnings) to create a sense of depth.d.Provide a minimum two (2) foot roof eave on the front elevation. This requirement does notapply to gable faces.19 Clarifications & ModificationsODS 17.69.030.B(12) modified as follows:Storefront windows shalluse clear glass andsit above a base, commonly called a “bulkhead,” ofeighteen (18) to thirty-six (36) inches in height. Bulkheads shall be designed as prominent andvisible elements of the building facade and shall include the use of one or more of the followingmaterials: ornamental glazed tile in deep rich hues, either plain or with patterns; dark or lightmarble panels; or pre-cast concrete.20 Clarifications & ModificationsODS 17.69.030.B(12) be amended as follows for clarity:Allground mountedmechanical and electrical equipment shall be located internally within theproposed buildings. If equipment cannot be located internally due to coderequirements, it shallbe screened using a combination of at least two of the following: paint color, landscaping, fencing,or walls consistent with other City standards.21 RecommendationIntroduce an Ordinance entitled, “An Ordinanceof the City Council of the City of San LuisObispo, California, amending Title 17 (ZoningRegulations) of the Municipal Code withObjective Design Standards for qualifyingresidential projects with an exemption fromEnvironmental Review (CEQA).”22