Chapter 17.106 — DEVELOPMENT REVIEW

The purpose of this Chapter is to provide a process for the appropriate review of development projects that do not require any discretionary permits or other types of review, and to ensure that all approved site and structural development:

• A. Is compatible with the physical and environmental characteristics of the site and surrounding properties to minimize conflicts;

• B. Provides for safe and convenient access and circulation for pedestrians and vehicles;

• C. Exemplifies the best professional high-quality design practices;

• D. Allows for and encourages individual identity for specific uses and structures;

• E. Encourages the maintenance of a distinct neighborhood and/or community identity;

• F. Minimizes or eliminates negative or undesirable visual impacts;

• G. Provides for the adequate dedication of land for public purposes and the provision of public infrastructure associated with the subject development; and

• H. Implements General Plan policies, applicable design guidelines, and any other applicable City planning-related documents.

• A. Development Review Required. No one shall construct any structure, or relocate, rebuild, or significantly enlarge or modify any existin g structure or site until Development Review has been completed and approved in compliance with this Chapter.

• B. Enlargements and Modifications. For the purposes of this Chapter, the term “significantly enlarge or modify” shall be measured from the size of the original approval and be defined as follows:

  1. Residential Enlargement or Modification. Residential enlargements or modifications larger than 1,000 square feet or 25 percent of the existing gross floor area before the addition, whichever is less.

  2. Nonresidential Enlargement or Modification. Nonresidential enlargement, modification, reconstruction, rehabilitation, or remodel equal to or exceeding 25 percent of the existing gross floor area of the structure before the construction.

3. Mixed Use Development. Mixed use development enlargement, modification, reconstruction, rehabilitation, or remodel equal to or exceeding 25 percent of the existing gross floor area of the structure before the construction. –

C. Exception Accessory Structures. Accessory structures less than 500 square feet in size shall not be subject to Development Review.

6- 14

CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17

• A. Three Levels. Three levels of Development Review are hereby established, and the thresholds set forth below shall apply to Development Review.

• B. Minor. Minor Development Review is a staff-level review process with public notice provided, with no public hearing required. The following projects shall be subject to Minor Development Review, including but not limited to;

  1. New single-unit residence and additions to an existing single-unit residence where:

  - **a.** Architectural review is required as a condition of a subdivision approval, use permit, or other discretionary entitlement; 
  
  - **b.** The developer proposes to construct three or more units not defined to be a “small residential development project” per Chapter 2.48 (Architectural Review Commission); 
  
  - **c.** The Director determines that the site is a “sensitive site” as set forth in the Architectural Review Commission’s procedures manual; 
  
  - **d.** A covered required parking space or spaces are proposed to be converted to another use and replacement parking is proposed, except in conjunction with an Accessory Dwelling Unit application; 
  
  - **e.** The project site is within or along a creek or waterway, as defined by the City’s floodplain management policy; 
  
  - **f.** The scale and character of the proposed dwelling contrasts significantly with adjacent or neighboring structures. 
  

  2. Projects that include a public or private roof top deck, or upper level balconies or open space on a third-floor or above.

  3. Building addition or remodel, that is considered minor or incidental to a larger, previously approved project, as determined by the Director.

• C. Moderate. Moderate Development Review is a discretionary Director-level review process that includes public notice with a public hearing conducted as required by the applicable advisory body or review authority, including but not limited to;

  1. Multi-unit residential developments up to 10 units;

  2. New single-unit subdivisions up to 10 units;

  3. Nonresidential development with up to 10,000 gross square feet of new construction;

  4. A project is located on a property included on the City’s Inventory of Historic Resources, or is near a historic resource where the development might adversely impact the historic resource;

  5. All development located on hillsides having a natural slope gradient of 20 percent or greater when no other discretionary review is required;

6- 15

CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17

6. Building addition or remodel, that is considered a significant enlargement or modification to a previously approved project, as described in Section 17.10 6xx. 020 (Enlargements and Modifications).

• D. Major. Major Development Review is a discretionary Planning Commission review process that includes public notice with a public hearing conducted as is required for all Planning Commission actions.

1. Multi-unit residential developments with more than 10 units;

2. New single-unit subdivisions with more than 10 units;

3. Nonresidential development with more than 10,000 gross square feet of new construction;

4. All new construction in the C-D zone;

5. Any project for which an EIR is required.

• A. For each level of Development Review, an advisory body may provide a recommendation to the review authority as applicable or required. In particular, review of an application subject to the Architectural Review Commission as set forth in Section 2.48.090 (Architectural Review Procedures) shall occur:

  1. For Moderate Development Review, the Architectural Review Commission shall conduct a public hearing and forward its recommendations to the Director. The Director shall consider the recommendations but shall not be bound by them in taking final action on the application.

  2. For Major Development Review, the Architectural Review Commission shall conduct a public hearing and forward its recommendations to the Director. The Director shall have the authority to either:

  - **a.** Incorporate the Architectural Review Commission’s recommendation into the staff report prepared for the public hearing by the Planning Commission; or 
  
  - **b.** Modify the Architectural Review Commission’s recommendation and forward that modified recommendation, together with the original recommendation, in the staff report prepared for the public hearing by the Planning Commission.
  

• A. Each application for Development Review shall be reviewed to ensure that the application is consistent with the purpose of this Chapter, applicable development standards and regulations of these Zoning Regulations, and adopted Design Guidelines and policies that may apply.

• B. The following criteria shall be considered during the review of a Development Review application, including but not limited to:

  1. Compliance with these Zoning Regulations and all other applicable City regulations and policies;

  2. Efficient site layout and design;

  3. Applicable Environmental review;

6- 16

CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17

4. Compatibility with neighboring properties and developments with regard to setbacks, building heights, massing, location of parking facilities, and similar site design and building design features that shape how a property appears within a broader, definable neighborhood or district context;

5. Efficiency and safety of public access and parking and loading facilities;

6. The compatibility in scale and aesthetic treatment of proposed structures with public areas;

7. The adequacy of proposed driveways, landscaping, parking spaces, on-site and off-site parking, pedestrian improvements;

8. The placement and use of private open spaces;

9. The use of design techniques such as façade articulation, use of varied building finishes and materials, varied rooflines, and stepped-back stories to break up building massing;

10. Privacy considerations with regard to the placement and orientation balconies and windows;

11. Appropriate open space and use of water-efficient landscaping both to enhance overall site design and to provide privacy screening;

12. Consistency with the General Plan and any applicable specific plan; and

13. Consistency with any adopted Design Guidelines, policies, and standards applicable to the property.

• C. On-Site Inspection . An application for Development Review may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions.

• A. Project Conditions. In approving a Development Review application, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with this Section and the required findings.

• B. Requirements for Dedication and Infrastructure. The conditions may include requirements for the offers of adequate dedication of land for public purposes and the provision of public infrastructure to the extent necessitated by the development.

6- 17

CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17