San Luis Obispo Municipal Code § 17.106.030 Levels of development review

The purpose of this chapter is to provide a process for the appropriate review of development projects 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. (Ord. 1705 § 62, 2021; Ord. 1650 § 3 (Exh. B), 2018)

A. Development Review Required. No one shall construct any structure, or relocate, rebuild, or significantly enlarge or modify any existing structure or site until development review has been completed and approved in compliance with this chapter.

1. Cultural Heritage Committee Review. Notwithstanding subsection C of this section and Section 17.106.030 (Levels of development review) certain projects may require review by the cultural heritage committee in accordance with Chapter 14.01 (Historic Preservation Ordinance).

B. Enlargements and Modifications. For the purposes of this chapter, the term “significantly enlarge or modify” shall be measured from the increase in gross floor area of the original approval and be defined as follows:

1. Residential Enlargement or Modification. Residential enlargements or modifications larger than one thousand square feet or twenty-five 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 resulting in an increase in gross floor area equal to or exceeding twenty-five percent of the existing gross floor area of the structure or more than two thousand five hundred square feet, whichever is less, before the construction.

3. Mixed-Use Development. Mixed-use development enlargement, modification, reconstruction, rehabilitation, or remodel resulting in increase in gross floor area equal to or exceeding twenty-five percent of the existing gross floor area of the structure or more than two thousand five hundred square feet, whichever is less, before the construction.

C. Exceptions. The following types of projects are exempt from the levels of development review:

1. Accessory structures as defined in Section 17.70.010 (Accessory structures);

2. Accessory dwelling units, junior accessory dwelling units, and guest quarters as defined in Section 17.86.020 (Accessory dwelling units, and junior accessory dwelling units, and guest quarters);

3. Housing development projects which qualify under Chapter 17.69 (Objective Design Standards for Qualifying Residential Projects);

4. Single-unit dwellings as defined in Section 17.156.038 (S Definitions) and minor or significant additions or modifications to existing single-unit dwellings, except as identified in Section 17.106.030(B)(1);

5. Small residential development projects that consist of the construction, minor or significant additions, rehabilitation or remodel of less than five dwellings, where the gross floor area of each individual dwelling does not exceed one thousand two hundred square feet, except as identified in Section 17.106.030(B)(1);

6. Aesthetically insignificant projects which include modifications, additions, reconstruction, rehabilitation, or remodel of existing structures or other site features, that are not defined as a significant enlargement or modification, and have no potential for conflict with the objectives of development review as identified in Section 17.106.010 (Purpose and intent). (Ord. 1705 § 63, 2021; Ord. 1650 § 3 (Exh. B), 2018)

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 significant additions to an existing single-unit residence as described in Section 17.106.020 (enlargements and modifications), or small residential development projects where:

a. Architectural review is required as a condition of a subdivision approval, use permit, or other discretionary entitlement;

b. The director determines that the site is a “sensitive site” as set forth in the architectural review commission’s procedures manual;

c. The project site is within or along a creek or waterway, as identified in the city’s general plan open space element;

d. The project site is located on a parcel having an average natural slope gradient of sixteen percent or more;

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

3. Multi-unit residential/mixed-use developments ten units or less, which are not defined to be a “small residential development project”;

4. Nonresidential/mixed-use development with less than two thousand five hundred gross square feet of new construction;

5. Minor or incidental building addition or remodel, which is not considered exempt under Section 17.106.020(C) and is not considered a significant enlargement or modification to a previously approved project, as described in Section 17.106.020 (enlargements and modifications).

C. Moderate. Moderate development review is a discretionary director-level review process that includes public notice with a public hearing before the architectural review commission, including but not limited to:

1. Multi-unit residential/mixed-use developments between eleven and forty-nine units;

2. New single-unit developments between eleven and forty-nine units;

3. Nonresidential/mixed-use development with two thousand five hundred to ten thousand gross square feet of new construction;

4. Building addition or remodel, that is not considered minor or incidental or is considered a significant enlargement or modification to a previously approved project, as described in Section 17.106.020 (enlargements and modifications).

D. Major. Major development review is a discretionary planning commission review process that includes a recommendation from the architectural review commission and public notice with a public hearing conducted as is required for all planning commission actions.

1. Multi-unit residential/mixed-use developments with fifty units or more;

2. New single-unit developments with fifty units or more;

3. Nonresidential/mixed-use development with more than ten thousand gross square feet of new construction;

4. Significant additions and new construction of principal buildings in the C-D zone;

5. Any development project for which an environmental impact report is required. (Ord. 1705 § 64, 2021; Ord. 1650 § 3 (Exh. B), 2018)

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 make a recommendation to the planning commission by forwarding its recommendation through 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. (Ord. 1705 § 65, 2021; Ord. 1650 § 3 (Exh. B), 2018)

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;

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 zone 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 of 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. (Ord. 1650 § 3 (Exh. B), 2018)

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. (Ord. 1650 § 3 (Exh. B), 2018)