Chapter 18.50

OBJECTIVE DESIGN STANDARDS

Sections: 18.50.010 Administration. 18.50.020 Definitions. 18.50.030 Objective design standards. 18.50.035 Exceptions. 18.50.040 Fees. 18.50.045 Appeals. 18.50.050 Miscellaneous provisions.

(A) Purpose. The purpose of this chapter is to:

(1) Specify how the City will implement the review and approval requirements of California Government Code Sections 65650 et seq. (“State Supportive Housing Law”), 65660 et seq. (“State Low Barrier Navigation Centers Law”), and 65913.4 (“State Streamlined Ministerial Approval Process”); and

(2) Facilitate the development of housing through clear and objective review of development proposals (duplexes, triplexes, multifamily housing and mixed-use) consistent with the goals, objectives, and policies of the City’s General Plan Housing Element, the City of Mt. Shasta Municipal Code and these Objective Design Standards (ODS), as may be amended from time to time.

(B) Annual Review. City Planning staff shall conduct annual updates of ODS to ensure compliance with State law and report to the Planning Commission on any necessary amendments.

(C) Ministerial Review. The City will ministerially review housing development proposals when an applicant submits a complete application as specified by this chapter. Ministerial review pursuant to this chapter applies to any of the following development typologies conducted by the specified review authority:

(1) Planning Staff Review Authority. Planning Director or designee and one member of the Planning Commission shall serve as the designated review authority for the following development applications:

(a) Duplex – Side by Side. A small-sized, detached, house-scale building with small-tomedium setbacks and a rear setback.

(b) Duplex – Stacked. A small-sized, detached, house-scale building with small-tomedium setbacks and a rear setback.

(c) Three/Fourplex. A small-to-medium-sized, detached, house-scale building that consists of three to four side-by-side and/or stacked units, typically with one shared entry or individual entries along the front.

(d) Neighborhood Townhouse. A small-to-medium sized, typically attached, rowhousescale building (up to five units side-by-side) with a rear setback.

(2) Planning Commission Review Authority. Planning Commission is the designated review authority for the following development applications: (a) Cottage Court. A group of up to nine small, detached, house-scale buildings arranged to define a shared court open to and visible from the street.

(b) Pocket Neighborhood. A group of five to 10 detached, house-scale buildings each containing one to four units, arranged to define a shared open space. (c) Multiplex. A medium-to-large-sized, detached, apartment-scale building that consists of five to 12 side-by-side and/or stacked units, typically with one shared entry.

(d) Neighborhood Courtyard. A medium-to-large sized building that consists of up to 16 multiple attached and/or stacked units, accessed from a shared courtyard.

(e) Main Street Building. A medium-to-large sized, block-scale building.

(D) Density Bonus. Development pursuant to the Density Bonus Housing Law. The number of restricted affordable units and justification for any requested density bonus shall be calculated in accordance with the State streamlined ministerial approval process.

18-76.1

(Revised 11/25)

OBJECTIVE DESIGN STANDARDS

18.50.010

(E) Replacement of Preexisting Lower Income Units. A housing development shall replace any dwelling units proposed to be removed on a site in the manner required by the State Supportive Housing Law.

(F) Parking Ratios. The City shall not require parking beyond the maximum ratios specified in the State Streamlined Ministerial Approval Process if the project is ministerially approved under that section of State law.

(G) Code Compliant Project. Notwithstanding the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process, ministerially approved housing developments and low barrier navigation centers shall be code compliant by meeting all objective site, design, and construction standards included in MSMC Title 15, Buildings and Construction, Title 17, Subdivisions, and Title 18, Zoning, and shall also comply with all applicable objective standards included in the City’s General Plan, applicable specific plans or planned developments adopted by the City Council, and all administrative regulations of this section.

(H) Application Requirements and Timing. The application shall include the following information:

(1) General. Aside from ministerial approvals for accessory dwelling units and junior accessory dwelling units as specified in State law, any ministerial approval sought by an applicant shall be made pursuant to this chapter.

(2) Application. All applications pursuant to this chapter shall be filed with the City Planner in a form prescribed by the City Planner. The application shall be signed by all owners of real property or persons or entity with written authority of the owner(s).

(3) Application Received. No application for ministerial approval shall be deemed received until the following have been provided:

(a) A completed application form and all documents specified in this chapter.

(b) All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited in the City’s account.

(4) Application Contents. The application shall include the following information: (a) Project Description. A brief description of the proposed development, including, as applicable, the total number of dwelling units, restricted affordable units, supportive housing units, and/or number of beds (if low barrier navigation center proposed.)

(b) Land Use/Zoning Designations. The current zoning district(s) and general plan land use designation(s) and assessor’s parcel number(s) of the project site.

(c) Mapping, Illustrations and Supporting Data. A vicinity map and site plan, drawn to scale, including building footprints, driveway, landscaping concept (plant massing, species list, irrigation method) and parking layout/quantity. Other information as necessary to convey the proposal’s compliance with objective design standards conveyed by this chapter.

(d) Density Bonus. Written request and reasonable justification for any requested density bonus, incentive, waiver, or modification to zoning standards.

(e) Unit Plan. A plan diagram showing location of, as applicable, restricted affordable units, supportive housing units, on-site supportive services, low barrier navigation center beds, and all other dwelling units within the proposed housing development or low barrier navigation center.

(f) Supportive Housing Units. If a reduction in supportive housing units is requested due to the termination of project-based rental assistance or operating subsidy through no fault of the project owner, an explanation of good faith efforts by the owner to find other sources of financial support, how any change in the number of supportive service units is restricted to the minimum necessary to maintain the project’s financial feasibility, and how any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of supportive housing units. (5) Application Review and Approval Process. Upon determination of complete application by the Planning Director or designee, the application review and approval process shall consist of:

(a) Review Body. An application for ministerial approval shall be acted upon by the specified Review Authority (refer to subsection (C) of this section), pursuant to the decision findings presented by the City Planner.

18-76.2

(Revised 11/25)

MT. SHASTA MUNICIPAL CODE

18.50.010

(b) Grounds for Approval. Before approving an application for ministerial approval, the City Planner must make the following findings based on evidence in the record, as applicable, that:

(i) The development proposal is eligible for ministerial approval pursuant to this sec-

tion.

(ii) If the application includes a request for a density bonus, incentive, waiver, or modification under this chapter, a finding that all the requirements for density bonuses and/or other incentives that are specified in this chapter have been or will be met.

(iii) The application is compliant with all applicable provisions of the City’s development regulations as conveyed by the General Plan, Municipal Code, standards for land use near streams and wetlands, Active Transportation Plan, Public Works Standards, and City Fire Department and CalFire standards.

(c) Grounds for Denial. Upon determination of complete application by the Planning Director or designee, grounds for project denial shall consist of:

(i) Not Code Compliant. If the planner determines that a development submitted pursuant to this section is not compliant with all applicable provisions of the City’s development regulations as conveyed by the General Plan, Municipal Code, standards for land use near streams and wetlands, Active Transportation Plan, Public Works Standards, and City Fire Department and CalFire standards. In conflict with any of the objective planning standards, they shall provide the development proponent written documentation in support of its denial identifying with specificity the standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframe specified in State law.

(ii) Resubmittal. A determination of inconsistency with objective planning standards does not preclude the development proponent from correcting any deficiencies and resubmitting an application for streamlined review, or from applying for the project under other local government processes.

(iii) Revisions. If the application can be brought into compliance with minor changes to the proposal, the planner may, in lieu of making the detailed findings referenced above, allow the development proponent to correct any deficiencies within the time frames for determining project consistency specified by State law.

(d) Permit Conditions of Approval. Following are standard conditions of approval to be applied to all approvals under this chapter.

(i) Term. Unless otherwise required by State law, ministerial approvals shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit. The duration of the approval may be extended as provided for in State law.

(ii) Statutory Compliance. Following approval of an application under the streamlined ministerial approval process, but prior to issuance of a building permit for the development, the City Planner may require changes to the development that substantially conform with the original approval and are necessary to comply with the objective uniform construction codes (including, without limitation, building, plumbing, electrical, fire, and grading codes), to comply with Federal or State laws, or to mitigate a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. A “specific, adverse impact” has the meaning defined in Government Code Section 65589.5(d)(2).

(iii) Installation of Public Improvements. All public improvements shall be constructed as conveyed by applicable provisions of the Mt. Shasta Municipal Code, at the determination of the Director of Public Works.

(iv) Construction Clean-up. It shall be a violation of this title for any person responsible for construction including but not limited to the permit holder and any contractor thereof to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.

(v) Maintenance of Landscape. It shall be a violation of this title for any property owner or other person in control of any site to fail to install or maintain any landscaping required by a permit or approval issued pursuant to this chapter or otherwise in a manner that fails to fully comply with the applicable provisions of the Mt. Shasta Municipal Code. Any vegetation, required by a permit or approval, or otherwise by this code, which is dead or dying, shall be replaced within 60 days.

18-76.3

(Revised 11/25)

OBJECTIVE DESIGN STANDARDS

18.50.010

(vi) Hours of Construction Within 500 Feet of a Residential Unit. No applicant or agent of an applicant shall suffer or allow any construction activity on a site located within 500 feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends. (vii) Stormwater. All projects approved under this chapter shall follow the stormwater management requirements listed in the Mt. Shasta Municipal Code, as applicable.

(viii) Map. Prior to the approval of a tract or parcel map (if applicable) by the City Planner, or the issuance of building permits, whichever occurs first, all projects approved under this chapter shall satisfy all applicable Public Works, Fire Department and Building Division requirements.

(ix) MSMC Title 18. All projects approved under this chapter shall, if required by the Zoning Ordinance, satisfy the performance standards within the Mt. Shasta Municipal Code as applicable.

(I) Adjustment to Standards. Adjustments to these objective design standards may be granted as follows:

(1) Density Bonus. Density bonus concession, incentives and waivers are defined in this subsection (I). They may not be used to waive applicable building code and life safety standards and shall be recorded with the County prior to issuance of final occupancy permit.

(a) Concessions and Incentives (Four or Less). Concessions and incentives, as defined under State law, allow a developer to deviate from those design standards/regulations when such regulations potentially make the project economically infeasible for the developer to build. The number of concessions/incentives that can be requested by a developer varies by the amount and type of reserved affordable units being proposed, as reflected in the chart below. Percentages between these ranges are rounded down.

(b) Waivers (Unlimited). Waivers are yet another form of assistance under State law, separate from concessions and incentives. A waiver is a reduction in development standards and other regulations when those requirements potentially make the construction of the project physically infeasible, if not approved. Unlike concessions and incentives, there is no limit in the number of waivers an applicant can request.

limited). Waivers are yet another form of assistance under State law, separate from concessions and incentives. A waiver is a reduction in development standards and other regulations when those requirements potentially make the construction of the project physically infeasible, if not approved. Unlike concessions and incentives, there is no limit in the number of waivers an applicant can request.

(c) Justification. The City requires that applicants provide reasonable documentation as to why the requested incentives will reduce affordable housing development costs. Absent this justification, the requested incentives may be subject to denial pursuant to 18.50.010 (D) 1.4.

(d) Denial. Denial of requested incentives or waivers shall only be made based on findings of non-compliance with 18.50.010 (D) 1.3 and/or substantial evidence that the incentive would be contrary to State or Federal law, or would have a specific, adverse and unavoidable impact on public health, safety or on a listed historic property.

(e) Parking. The City may not require more than the following parking ratios for a density bonus project, as amended by State law (inclusive of parking for persons with disabilities):

18-76.4

(Revised 11/25)

MT. SHASTA MUNICIPAL CODE

18.50.020

4 Bedroom 2.5 spaces

(2) Market Rate Project Waivers. Waivers for market-rate projects may be granted as necessary to comply with the adopted Building Code subject to approval by the City Building Official. (J) Voluntary Discretionary Review. As a procedural alternative to the regulations of these objective design standards, applicants may choose to meet the discretionary regulations of Chapter 18.60 MSMC, Architectural Review. (Ord. CCO-24-09 § 3 (Exh. A), 2024)

(A) Purpose. All terms used in this chapter that are defined in the State Supportive Housing Law, State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process shall have meaning established by their respective sections, as may be amended from time to time. (B) Definitions. When the following terms are used in this chapter, they shall have the meaning established by this section. Where the terms set forth in this chapter are inconsistent with the definition of the same terms set forth in State law, the statutory definitions shall prevail. (1) “Applicant” means the owner of the property, or person or entity with the written authority of the owner, that submits an application for ministerial approval.

(2) “Building main body” means a building’s primary massing.

(3) “Building type” means one of the following residential development types regulated by this chapter:

(a) Duplex – Side by Side. A small-sized, detached, house-scale building with small-tomedium setbacks and a rear setback. The building consists of two side-by-side units, both facing the street and within a single building massing. The type has the appearance of a medium-to-large, single-unit house and is scaled to fit within lower-intensity neighborhoods. (b) Duplex – Stacked. A small-sized, detached, house-scale building with small-tomedium setbacks and a rear setback. The building consists of two stacked units, both facing the street and within a single building massing. The type has the appearance of a medium-to-large, single-unit house and is scaled to fit within lower-intensity neighborhoods.

(c) Three/Fourplex. A small-to-medium-sized, detached, house-scale building that consists of three to four side-by-side and/or stacked units, typically with one shared entry or individual entries along the front. The type has the appearance of a medium-sized, single-unit house and is scaled to fit within low- to moderate-intensity neighborhoods.

(d) Neighborhood Townhouse. A small-to-medium sized, typically attached, rowhousescale building (up to five units side-by-side) with a rear setback. Each neighborhood townhouse consists of one unit. The type may also be detached with minimal separations between buildings. The type is typically located within low-to-moderate-intensity neighborhoods.

(e) Cottage Court. A group of up to nine small, detached, house-scale buildings arranged to define a shared court open to and visible from the street. The shared court is common open space and takes the place of a private rear setback, thus becoming an important community-engaged place. The type is scaled to fit within low-to-moderate-intensity neighborhoods and in small-scale mixed-use contexts. (f) Pocket Neighborhood. A group of five to 10 detached, house-scale buildings each containing one to four units, arranged to define a shared open space. The shared open space is common open space and takes the place of a private rear setback. The type is scaled to fit within low-to-moderate intensity neighborhoods.

in low-to-moderate-intensity neighborhoods and in small-scale mixed-use contexts. (f) Pocket Neighborhood. A group of five to 10 detached, house-scale buildings each containing one to four units, arranged to define a shared open space. The shared open space is common open space and takes the place of a private rear setback. The type is scaled to fit within low-to-moderate intensity neighborhoods.

(g) Multiplex. A medium-to-large-sized, detached, apartment-scale building that consists of five to 12 side-by-side and/or stacked units, typically with one shared entry. The type is scaled to fit within moderate-intensity neighborhoods.

(h) Neighborhood Courtyard. A medium-to-large sized building that consists of up to 16 multiple attached and/or stacked units, accessed from a shared courtyard. The shared court is common open space and takes the place of a rear setback. The type is typically integrated as transitional density between moderate- to high-intensity neighborhoods.

(i) Main Street Building. A medium-to-large sized, block-scale building. The type is intended to provide a vertical mix of uses with ground-floor retail, office, or service uses and upper-floor

18-76.5

(Revised 11/25)

OBJECTIVE DESIGN STANDARDS

18.50.020

service or residential uses. The type makes up the primary component of high-intensity neighborhoods and downtown main streets.

• (4) Building Scale.

(a) House-Scale. A scale of building typical of a small to large single-family residence supporting multiple residential units.

(b) Apartment-Scale. A scale of building typical of a free-standing rental apartment building with a building mass between that of house and block.

(c) Block-Scale. A scale of building typical of a downtown.

(5) “Building wings” means appendages on a building’s main body, required to be smaller in size and height than the main body to visually reduce the overall size of a building.

(6) “City Planner” means the Planner or Planning Director.

(7) “Ministerial approval” means any approval related to a housing development or a low barrier navigation center that meet the requirements of the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and/or the State Streamlined Ministerial Approval Process and does not require the exercise of judgement or deliberation by the review body.

• (8) “MSMC” means the Mount Shasta Municipal Code.

(9) Parking. The following parking terms are used in this chapter:

• (a) Tuck-under. Parking spaces covered by the upper stories of a building but otherwise

open.

(b) Garage. Parking space(s) within a freestanding or attached structure enclosed by walls. (c) Carport. Parking space(s) within a freestanding or attached structure with open sides. (d) Podium. On-grade parking spaces covered by the upper stories of a building but enclosed by walls.

(e) Subterranean. Below-grade parking spaces covered by the upper stories of a building.

(10) “Restricted affordable unit” means a dwelling unit within a housing development that will be available at an affordable rent or affordable housing cost as specified in the State Supportive Housing Law and the State Streamlined Ministerial Approval Process.

(11) “Scenic vista” means a publicly accessible viewpoint that provides expansive views of scenic resources. For the purposes of this chapter, a “scenic vista” shall mean any public right-of-way or publicly owned land.

(12) “State Housing Density Bonuses and Incentives Law” means Government Code Section 65915 et seq., and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to the provision of housing density bonus(es) and incentives.

(13) “State Low Barrier Navigation Centers Law” means Government Code 65660 et seq., and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to ministerial approvals and uses by right.

(14) “State Streamlined Ministerial Approval Process” means Government Code Section 65913.4 and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to ministerial approvals.

(15) “State Supportive Housing Law” means Government Code Sections 65650 et seq., and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to ministerial approvals and uses by right.

(16) Human Scale. “Human scale” means building elements bearing a definite relationship to the human in dimension; a component that the human can associate with directly. The relationship between the dimensions of the human body and the proportion of the spaces which people use. Human scale design typically reflects the elements listed below:

(a) Buildings that avoid long, monotonous, uninterrupted walls or roof planes. Blank, windowless walls are generally avoided along street frontages. Where solid walls are required by building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills, lintels, or, if the building is occupied by a commercial use, by using recessed or projecting display window cases;

(b) Structures that incorporate awnings or arcades. (Ord. CCO-24-09 § 3 (Exh. A), 2024)

18-76.6

(Revised 11/25)

MT. SHASTA MUNICIPAL CODE

18.50.045

For projects subject to the regulations of this chapter, the objective design standards, containing specific site design and building type standards, have been adopted and are incorporated herein as an appendix to this chapter. Complete applications as specified by MSMC 18.50.010(H) shall be subject to review by the objective design standards in effect at the time of application completeness.

The contents of the Objective Design Standards are: Part I. Site Design Standards.

• (A) Purpose.

• (B) Regulations.

  • (1) Screening.

  • (2) Landscaping.

  • (3) Lighting.

  • (4) Parking.

  • (5) Snow storage.

  • (6) Scenic resources and vistas.

Part II. Building Type Standards.

• (A) Purpose.

• (B) Regulations.

  • (1) Overview of building types.

  • (2) Permitted building types by zoning district.

  • (3) Duplex: Side by side.

  • (4) Duplex: Stacked.

  • (5) Three/fourplex.

  • (6) Neighborhood townhouse.

  • (7) Cottage court.

  • (8) Pocket neighborhood.

(9) Multiplex.

• (10) Neighborhood courtyard.

(11) Main Street building. (Ord. CCO-24-09 § 3 (Exh. A), 2024)

The following are exempt from the provisions of this chapter:

(A) Maintenance and Emergency Repairs.

(1) “Maintenance” as used in this section means the upkeep of property, consisting of exterior painting within the parameters of the City of Mt. Shasta design guidelines or replicating the existing colors of the building, window and door replacement, reroofing, the addition of landscaping, or other work which, in the opinion of the Building Official, would not change the design of the subject structure.

(2) “Emergency repairs” as used in this section means actions deemed by the Building Official as being required to preserve health and/or safety.

(B) Single-family dwellings in zoning districts allowed by Chapter 18.16 MSMC. (Ord. CCO-2409 § 3 (Exh. A), 2024)

The City Council of the City of Mt. Shasta shall adopt applicable fees for design review, such fees to be fixed by resolution, and to be in an amount equal to the costs of processing design review applications as specified by the Planning Director or designee at the time of application submittal. (Ord. CCO24-09 § 3 (Exh. A), 2024)

The applicant may file an appeal to the City Council on any decision of the Planning Commission on architectural review pursuant to Chapter 18.32 MSMC. (Ord. CCO-24-09 § 3 (Exh. A), 2024)

18-76.7

(Revised 11/25)

OBJECTIVE DESIGN STANDARDS

18.50.050

(A) Noncompliance.

(1) In addition to any other fines, penalties or enforcement provisions set forth in this chapter, failure to comply in any respect with an approved architectural review application shall constitute grounds for the immediate stoppage of the work involved in said noncompliance until the matter is resolved.

(2) An occupancy permit shall not be issued in part or whole for any building or group of buildings subject to architectural review unless and until the work specified in the architectural review approval has been completed.

(B) Revocation, Expiration and Extension of Approval.

(1) In any case wherein demolition or removal of any existing structure is proposed, architectural review and approval is required. Said demolition or removal shall be completed, and all debris removed from the site, within the specific period of days designated in the design review approval, or the entire approval shall be deemed to have expired and all work is to be stopped as per subsection (A)(1) of this section.

(2) Architectural review approvals shall automatically expire in one year unless a different expiration date or unlimited expiration is stipulated at the time of approval. Prior to the expiration of an architectural review approval, the applicant may apply to the Planning Director for an extension of one year from the original date of expiration. The Planning Director shall grant the extension and may make minor modifications of the approved design at the time of extension if they find that there has been no substantial change in the factual circumstances surrounding the originally approved design. Any further extensions beyond one year shall require Planning Commission approval. (Ord. CCO-24-09 § 3 (Exh. A), 2024)

The Planning Director may approve minor modifications of an approved permit upon a finding that any such changes would not alter the overall design and layout of the project. (Ord. CCO-24-09 § 3 (Exh. A), 2024)

18-76.8

(Revised 11/25)

Appendix A

MT. SHASTA MUNICIPAL CODE

Appendix A

OBJECTIVE DESIGN STANDARDS FOR RESIDENTIAL AND MIXED-USE PROJECTS

Contents: Part I Site design standards. (A) Purpose. (B) Regulations. 1. Screening. 2. Landscaping. 3. Lighting. 4. Parking. 5. Snow storage. 6. Scenic resources and vistas. Part II Building Type Standards. (A) Purpose. 1. Mt. Village Theme. (B) Regulations. 1. Overview of Building Types. 2. Permitted Building Types by Zoning District. 3. Duplex: Side-by-Side. 4. Duplex: Stacked. 5. Three/Fourplex. 6. Neighborhood Townhouse. 7. Cottage Court. 8. Pocket Neighborhood. 9. Neighborhood Courtyard. 10. Multiplex. 11. Main Street Building.