REPORT TO PLANNING COMMISSION
SUBJECT
Title
Study Session on Draft Citywide Objective Design Standards
Report
BACKGROUND
California has been facing a housing affordability crisis since the 1980’s due to various reasons. One reason has been the unpredictable development environment that developers have faced as they juggle between multiple cities’ varied zoning development standards and processes.
Beginning with the passage of Senate Bill 35 (SB 35, now SB 423) in 2017, State law allows for the streamlined, ministerial approval of eligible housing development projects with two or more dwelling units. A series of housing laws passed since 2017 resulted in additional streamlining provisions for various multifamily housing types.
Currently, California Government Code Sections 65913.4 and 65589.5 mandate that cities utilize only “objective planning standards” related to the project site, land use regulations and project form when reviewing residential development applications. Subjective criteria, frequently contained in local design guidelines and land use priorities, may not be used as a basis for approving or disapproving a housing project that is eligible for streamlined approval.
According to California Government Code Section 65913.4(a)(5), residential projects eligible for streamlining shall be “consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted.” State law defines “objective standards” as:
“Criteria that involve no personal or subjective judgment by a public official and are uniformly 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 before submittal.”
Based on this definition, objective design standards must be composed of quantitative requirements, numeric thresholds, discrete options, point-based standards, and/or other approaches that facilitate ministerial, or “checklist-style” review.
Like most jurisdictions in California, Santa Clara had not adopted a comprehensive set of objective design standards prior to SB 35. Currently, the City of Santa Clara has objective design standards codified through its five Specific and Precise Plans- Freedom Circle, Patrick Henry, Lawrence Station, Tasman East, & Downtown-but those standards are only applicable within each plan area. These are small geographic areas within the City, leaving the rest of the City covered by the limited number of objective standards found under the various zoning districts and the existing design guidelines (Single Family & Duplex Residential Design Guidelines & Community Design Guidelines). As such, except for the limited geographic areas, the City has no means of ensuring that housing projects streamlined under State law are consistent with local design priorities. Through the review of development projects utilizing SB 35 and related laws, the Planning Division recognized this deficiency and started working on City-wide objective design standards so that the City can maintain the maximum degree of local design control as required by Housing Element Policy A-3
Proposed Workplan
Staff has started to address this issue through a workplan that completes this effort in two phases. Phase I is to identify and gather existing objective design standards that have already been vetted by the community and decision-makers that are included in the various regulatory City documents, most specifically from the five Specific/Precise Plans. These standards will form the baseline for the City’s comprehensive objective design standards that will be applicable Citywide. During this initial phase, gaps will be identified where additional objective design standards are necessary to address design situations not covered with existing standards. Phase II will commence when the City hires a consultant team to assist with the development of new standards that will include a process that will seek community feedback through outreach and engagement.
This study session is intended to provide the Planning Commission with an overview of the Phase I efforts, gather input on the draft document and identify any gaps in the standards. The standards are a baseline and will be expanded with feedback from the Commission, community input, developer input and internal staff. Staff expects Phase I to be implemented into the zoning code by March 2026 and Phase II by 2028 at the latest.
DISCUSSION
The study session will be guided by the following agenda:
• Background
o Objective Design Standards (“ODS”) Definition
o Reasons to have ODS
• ODS Applicability
• ODS Crafting & Implementation Plan
o Phase I
§ Using existing ODS that have been vetted by the community & decision makers from Planning Documents to apply Citywide
§ Create an ODS Checklist for Developers to use & Staff to confirm compliance
o Phase II
§ Hire a consultant to help with engaging the community to fill ODS gaps (e.g. more townhouse standards) (Start Date:2026)
• ODS Document Draft
• Feedback Discussion
• Conclusion
o Next Steps
ENVIRONMENTAL REVIEW
This study session does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(5), as it’s a governmental administrative activity that won’t result in a direct or indirect change to the environment. Prior to adopting any zoning code update, the City will undertake appropriate environmental review.
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
Staff
Prepared by: Alex Tellez, Assistant Planner, Community Development Department
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Afshan Hamid, Director, Community Development Department
ATTACHMENTS
1. ODS Draft Document
2. Web Links - ODS Resources & Laws