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
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Ordinance No. _____ (2021 Series) Page 3
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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)
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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.
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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.
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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:
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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.
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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).
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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.
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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.
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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:
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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.
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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).
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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.
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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.
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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
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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.
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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.
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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 LegislationHousing 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 ProjectsProjects 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 StandardCDG: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 ReviewJune 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