HomeMy WebLinkAbout02/10/2022
Staff: Committee Members:
Christian Clegg, City Manager Councilmember, Bruce Freeman – Chair Anthony Valdez, Assistant to City Manager Councilmember, Bob Smith
Councilmember, Patty Gray Special Meeting of the Planning and Development Committee
of the City Council – City of Bakersfield Thursday, February 10, 2022 12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. PUBLIC STATEMENTS
3. ADOPT SEPTEMBER 9, 2021 AGENDA SUMMARY REPORT
4. NEW BUSINESS
A. Committee Discussion and Recommendation Regarding Auto-mall Segment
Improvement/Re-naming - Boyle
B. Committee Discussion and Recommendation Regarding Signage Policy: Highway
99 Corridor Signage - Boyle
C. Committee Discussion and Recommendation Regarding Objective Multifamily
Standards - Boyle
D. Discussion and Committee Recommendation Regarding Adoption of the 2022
Committee Meeting Schedule – Clegg/Valdez 5. COMMITTEE COMMENTS
6. ADJOURNMENT
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Committee Members
Staff: Christian Clegg Councilmember, Bruce Freeman Chair
City Manager Councilmember, Patty Gray
Councilmember, Bob Smith
REGULAR MEETING OF THE PLANNING AND DEVELOPMENT COMMITTEE Thursday, September 9, 2021 12:00 p.m.
City Hall North – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:05 p.m.
1. ROLL CALL
Committee members present: Councilmember, Bruce Freeman, Chair
Councilmember, Bob Smith
Councilmember, Patty Gray
City Staff: Christian Clegg, City Manager
Joe Conroy, Public Information Officer
Anthony Valdez, Administrative Analyst
Virginia “Ginny” Gennaro, City Attorney
Ashley Zambrano, Deputy City Attorney
Viridiana Gallardo-King, Deputy City Attorney
Christopher Boyle, Development Services Director
Phil Burns, Building Director
Paul Johnson, Planning Director
Jason Cater, Principal Planner
Stuart Patteson, Acting Public Works Director
Additional Attendees: Members of the Public
2. PUBLIC STATEMENTS
There were no public comments made.
3. ADOPT MAY 6, 2021 AGENDA SUMMARY REPORT
The report was adopted as submitted.
/S/ Christian Clegg
DRAFT
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4. DEFERRED BUSINESS
A. General Plan Update – Boyle/Johnson
Development Services Director Boyle provided a verbal presentation summarizing the
progress made to date to update the General Plan.
Committee Chair Freeman requested staff conduct further research regarding master
planning efforts including affordable housing for future development that can be
incorporation into the General Plan update. The information to be presented to the
Committee at a later date.
B. Committee Discussion and Recommendations Regarding Vacant Building Ordinance –
Boyle/Burns
Development Services Director Boyle provided a verbal presentation summarizing the status
of initiating a receivership on a trial basis. He also summarized other strategies such as
foreclosure, line forgiveness and city purchase, and ordinance-based solutions.
Deputy City Attorney Zambrano provided an overview of the process of receivership
summarized in the memorandum included in the packet. She also provided an update on the
first compliant for receivership filed with the local court.
Committee member Gray asked for clarification regarding ownership. City Attorney Gennaro
stated that the City does not become the owner of the property in a receivership; the receiver
is appointed by the court to oversee the rehabilitation of substandard properties. Receivership
is a tool to assist with addressing vacant and chronic nuisance properties. Building Director
Phil Burns stated the current complaint is a multiplex with four units, all of which are in
substandard conditions.
Committee member Smith requested staff research the possibility of adapting ordinances
used on commercial properties for residential properties to reduce vacant buildings and
chronic nuisance properties. City Attorney Gennaro and Building Director Burns agreed that
additional policy will not make a non-responsive owner to take action to comply. The city
takes a proactive approach to board and secure these properties while continuing to contact
property owners to address the problem.
City Manager Clegg provided a summarization of possible alternatives and redevelopment
opportunities for land purchase and rehabilitation. The Committee requested staff further
research the redevelopment opportunities discussed and provide an update at a future
meeting.
Committee Chair Freeman stated that once vacant buildings and chronic nuisance
properties incentives are developed, they should be advertised and promoted on the city’s
website. Committee member Gray added that they should also be shared with the local
Chambers of Commerce.
5. COMMITTEE COMMENTS
There were no public comments made.
6. ADJOURNMENT The meeting adjourned at 1:12 p.m.
DRAFT
MEMORANDUM
February 10, 2021
TO: PLANNING AND DEVELOPMENT COMMITTEE
Bruce Freeman, Chair
Bob Smith
Patty Gray
FROM: Christopher Boyle, Development Services Director
SUBJECT: Auto Mall Road Signage
At the City Council’s November 3, 2021 hearing, Councilmember Chris Parlier made a referral to explore
different ways to attract regional buyers to the auto mall to purchase products here in Bakersfield.
Councilmember Parlier noted that one strategy to do that was through signage. Councilmember directed staff
to research options available to enhance signage (and subsequent commerce) in benefit of the auto mall.
Because the auto mall is a notable business district and represents the highest sales tax revenue generation in
the City, initiatives were included in our Economic Development Strategic Plan designed to create a greater
sense of place for the auto mall and grow its success.
BACKGROUND
The map to the right depicts the auto mall sign area as defined in
Section 17.60.060.B.8. of the Bakersfield Municipal Code. The auto
mall area is located on the west side of the Highway 99 corridor
between the White Lane and Panama Lane interchanges. The
automotive dealerships begin on Wible Road approximately one-half
mile south of its intersection with White Lane and extend until
approximately one-half mile north of the intersection with Panama
Lane. Within this defined area of the community, a separate sign
criteria is in place, one that provides for signage specific to the needs of
the automotive and recreational vehicle sales industry. For this
commercial segment, signage has always been seen as paramount to
success.
This report explores not only signage specific to this area, but other
potential signage opportunities outside of the auto mall boundary that
could additionally promote the auto mall.
ANALYSIS
The following analysis examines various signage options. With each option, issues are analyzed, and a
determination of feasibility is made. Following the analysis, an overall recommendation is provided.
Caltrans Signage – Street Name Change
One option that has been proposed has been to create signage in the Highway 99 right-of-way that would
promote and provide direction to the auto mall. In order to have freeway-centric signage, the highway would
have to have an on and off-ramp that includes reference to the auto mall. To that end, if White Lane was
renamed or co-named Auto Mall Way (or something similar), freeway signage might include directional signage
to the Auto mall’s freeway exit, White Lane. Of course, renaming all of White Lane would not be feasible and is
not the intent of creating greater awareness for the auto mall along Highway 99. Thus, a hybrid approach could
name only a specific segment of White Lane centered on the overpass. The graphic below illustrates the
concept.
As noted above, the auto mall is a uniquely important business district that merits specific consider for place-
making. However, in reviewing this proposed street renaming strategy, the following complicating factors
related to our existing City guidelines are offered for consideration. The City has adopted the “General
Information Regarding Street Re-Naming In The City Of Bakersfield” which provides a set of policies to guide
street naming in the City. Several policies are in conflict with the renaming of White Lane. They are:
• Guideline No. 2 states: “Each proposed name shall be reviewed for approval by appropriate public safety
and emergency services agencies. Public safety shall be the overriding consideration in any proposed
street name.” It will be important to review a name change with emergency response agencies to
ensure it would not create confusion or challenges in pinpointing locations or addresses for emergency
responses, particularly because the name change would principally be at an intersection without
addresses.
• Guideline No. 5 states: “Duplication of or similar sounding street names will not be allowed.” Auto Mall
Drive is a currently existing street. It might be advisable to change the name of the existing Auto Mall
Drive to something less duplicative.
White Ln. White Ln. Auto Mall Way
• Guideline No. 9 states: “Streets continually running in one direction shall have same name throughout
its length.” The renaming a 1200-foot section of a nine-plus mile long arterial street is not consistent
with the guideline.
• Guideline No. 10 states: “Does the existing street or proposed name have any historical significance?” It
will be important to consider the naming of White Lane and the Highway 99 and White Lane interchange
to ensure that any changes would not be inconsistent with the historical intent of the existing names.
In addition to the above factors, this renaming option requires
collaboration with Caltrans. Staff has had dialogue with Caltrans
relative to this strategy to incorporate auto mall directional
signage within the freeway’s right-of-way. Caltrans has reiterated
that established guidelines have to be followed regarding signage.
Caltrans staff noted that signs shall not be provided for privately-
owned, profit-making enterprises regardless of their size, but did
note a potential path for this strategy. Caltrans communicated
that if unique operational or safety issues become apparent that
would be mitigated by signing to the private enterprise, signs on
State highways may be used with the approval of Caltrans’ Division
of Traffic Operations. Any cost in changing signage would be paid
by the requestor upon approval of the Caltrans District Director.
The outcome would create dual street signage (White Lane / Auto Mall St,Dr,Way,Blvd) along the Caltrans
Highway 99 corridor, similar to signage above. Approximately seven sign panels along the highway would need
to be changed to the dual street format. This would require replacing rather than modifying the sign panels.
The total estimated cost is in the $70,000 to $100,000 range.
Other signage logistics would fall upon the City to resolve. Street
name signs at the intersection/interchange would need to be
updated with co-named street signs, or with distinct street names
with arrows showing both names, similar to the example to the
right. More signage would be necessary to guide a motorist from
the off-ramp to the actual auto mall, still one-half mile away.
The purpose of wayfinding signage is to inform and guide, as
opposed to advertise; it will be important to ensure that the
traveling public who would be seeking White Lane, and not the auto mall, can also successfully identify the exit
and find their destination.
Moving forward with this option would require amendment to existing guidance literature relative to street
signage, approval from multiple agencies, and expenditures associated with City and Caltrans signage. Staff
recommends that this concept be researched more fully before committing to implementing this signage
strategy.
Wible Road Street Branding
Many cities have engaged in placemaking to brand various corridors for various purposes. Whether to highlight
entertainment, commercial retail or even residential lifestyles, municipalities can add to the sense of place with
branding campaigns meant to promote arrival and a feeling of “being there.” The auto mall could provide an
ideal opportunity to brand Wible Road as a destination for all things automotive. Below are examples of points
of entry that shape and define a sense of arrival.
The auto mall group has proposed placement of similar signage over the Wible Road right-of-way that could
signal arrival to the auto mall area. If one sign is proposed, perhaps centering it upon the area would be
recommended. Alternatively, two signs could be placed at the northern and southern entrances of the auto
mall, better defining the area. Although these types of signs can have dramatic effects in promoting the auto
mall as a destination, the signs would represent a notable investment. Funds would be identified from the
gateway and Economic Development Strategic Plan allocations.
Additional right-of-way embellishments have already been
installed along the Wible Road right-of-way to further define the
area and promote the auto mall as a defined destination. Nine “art
cars” similar to the graphic to the right have been installed to
promote the area as a singular destination, providing that desired
sense of place. It is also worth noting that street pole banners
were placed in the auto mall during the pandemic. Staff has
offered to work with the auto mall to replace current pandemic
messaged banners with auto mall themed banners into the future.
Staff has been supportive of implementing entry features as a component of promoting the auto mall. The
current “art cars” have been instrumental in defining the auto mall area.
Freeway signage
As noted at the beginning of this report, signage within the auto mall is addressed within Section 17.60.060.B.8.
of the Zoning Ordinance. Freestanding pylon signs are allowed a maximum height of fifty feet with a sign face
area of 300 square feet within specific areas centered around freeway interchanges. Almost no area within the
auto mall signage area is within one of the freeway sign interchange areas and, consequently additional height
and/or area is not allowed.
But many municipalities allow for much more liberal allowances for
freeway-oriented signage. Sign height is often allowed per the
utilization of flag tests which determine a suitable height for
motorist visibility when travelling at freeway speeds. These heights
can be as much as 120 feet. Similarly, sign face area also is allowed
at much greater allowances, often in excess of 1,000 square feet.
Electronic signage, signage with reader boards and/or video
graphic display are often incorporated into freeway sign designs.
An example of this type of signage utilization as part of the
operation of an auto mall is found to our north in the city of Selma.
The Selma Auto Mall is located along the west side of Highway 99
in Fresno County. The auto mall signage includes the Selma’s city
logo, large electronic reader board, and a listing of all available car
brands within the mall. The sign is much larger and much taller
than signage currently allowed in Bakersfield’s auto mall signage
area.
The Selma Auto Mall also provides for individual auto brand
identification signage in conjunction with the larger sign as part of
the overall signage palette employed along the freeway corridor.
Currently, the Bakersfield mall only has signage specific to those dealerships that abut the freeway corridor, with
no signage for other brands that are within the auto mall area but not abutting the freeway corridor.
Bakersfield auto mall signage ordinance appears to be lacking many of the signage benefits that other
municipalities have allowed for in similar auto mall zones.
In essence, the signage in Bakersfield auto mall area is reflective not of a true “auto mall” business model, but
instead an accumulation of dealerships located in proximity to one another that do not actually market
themselves as an “auto mall” where each can benefit from the synergy of being in one specific locale. Staff has
discussed with the auto mall dealers an opportunity to take a more collective approach to branding and signage
that would offer more possibilities.
Amendment of the Zoning Ordinance specific to signs permitted in the auto mall area would be required in
order to implement the enhancements discussed.
Internet Signage
Staff also examined the opportunity for the auto mall to leverage collective branding through an online
presence. While this is within the purview of these private businesses, the City has expressed support for
envisioning and implementing a shared internet presence for auto mall businesses collectively. Examples have
been shared from other cities that have branded auto malls. Components of that unified business typically
include a website that promotes all businesses as one, not as individual entities, but as one business in one
location. Examples include Cerritos Auto Square and again the Selma Auto Mall. The screen shot below is an
example of a unified business approach, promoting all brands in one location. Type in Selma Auto Mall and the
top-listed Google recommendation will be Selma Auto Mall.
Visit www.selmaautomall.com for illustration.
A similar online presence could be created for the Bakersfield Auto Mall representing a unified business model.
Current internet searches for Bakersfield Auto Mall result in a series of results for distinct individual dealerships,
not all of which are within the auto mall district. There is a notable opportunity to drive more internet traffic to
the collective auto mall dealerships through joint branding and marketing
CONSIDERATIONS
Thus, there are opportunities to improve the visibility of the auto mall in many different and varied ways.
Techniques discussed include:
• Changing street names on the White Lane interchange to provide directional signage within the Highway
99 right-of-way.
• Incorporating signage and other street art on Wible Road to enhance branding of the auto mall corridor.
• Enhancing the freeway signage as an overall enhancement to advertising the auto mall area.
• Creating a sense of place and auto mall brand with welcoming monuments and streetscape elements
• Capitalizing on auto mall branding within the digital marketplace.
Each technique requires additional work to be completed and, in some cases, approvals from outside agencies in
advance of that work.
CEQA analysis will not be completed as part of this report as there is no project per the California Environmental
Quality Act (CEQA) at this time. If the Planning and Development Committee requests that the Zoning
Ordinance be amended as a component of their direction, then CEQA will be triggered because a discretionary
decision will follow, and preparation of appropriate environmental analysis will be requisite. Per CEQA Section
15311 (Accessory Structures), on-premise signs are categorically exempt.
RECOMMENDATION
This report has been largely informational. Although the report provides direction as to how to implement the
various components discussed, staff solicits Committee feedback at this time to prioritize implementation of the
potential options.
OPTIONS
Staff requests that your committee digest the information within this report and any testimony associated with
the Committee meeting itself and provide direction regarding further consideration of this topic. Three options
available are:
Option 1: No Further Action.
Option 2: Provide Direction. Staff will take direction on the individual approaches expanded upon herein. Each
option requires different actions moving forward. It would be preferable that direction be specific to each of the
strategies discussed.
Option 3: Alternative Direction from the Committee.
NEXT STEPS
Staff will take the direction of the Committee.
ATTACHMENTS
None.
MEMORANDUM
February 10, 2021
TO: PLANNING AND DEVELOPMENT COMMITTEE
Bruce Freeman, Chair
Bob Smith
Patty Gray
FROM: Christopher Boyle, Development Services Director
SUBJECT: Freeway Sign Ordinance Amendment
At the City Council’s November 17, 2021 hearing, Councilmember Chris Parlier made a referral recommending
that staff look into sign height limits at the Highway 99 and Hosking Road interchange and make sure that there
was a 75-foot height limit in that location. Councilmember Parlier noted the City’s current freeway signage
ordinance and its history and recommended extending the accommodations afforded by the ordinance further
south to this interchange.
BACKGROUND
Section 17.60.070.D addresses Freeway Oriented Signs. Within that ordinance subsection, specific rectangular
areas centered on prominent freeway interchanges are identified as permitted for the erection of freeway-
oriented signage. The Hosking Avenue/Highway 99 interchange is currently not included in the ordinance. Both
the Panama Lane/Highway 99 interchange to the north and the Taft Highway 119/Highway 99 interchange to the
south are called out as permitted freeway sign interchanges. Signs provided per this subsection are allowed a
height of up to 75 feet. There is a one-mile gap between each of the aforementioned interchanges on Highway
99, from Panama Lane to Hosking Avenue to Taft Highway.
ANALYSIS
The Hosking Avenue/Highway 99 interchange was not fully improved when the Freeway Oriented Signs (Section
17.60.070.D) ordinance was originally adopted. With the interchange now fully improved and encircled by
urbanization, there is no reason to not add the interchange to the Freeway Oriented Signs ordinance. Staff has
prepared a map (Exhibit A) reflective of the dimensional requirements outlined within the ordinance. With
Committee direction, staff can prepare the additional amendments to Section 17.60.070 to facilitate inclusion of
the Hosking Avenue/Highway 99 interchange. These amendments would be scheduled to the next available
Planning Commission meeting. Subsequently thereafter, the ordinance amendment would be forwarded to the
City Council for final action.
CONSIDERATION
CEQA analysis will not be completed as part of this report as there is no project per the California Environmental
Quality Act (CEQA) at this time. If the Planning and Development Committee directs that the Zoning Ordinance
be amended, then CEQA will be triggered because a discretionary decision will follow, and preparation of
appropriate environmental analysis will be requisite. The erection of any signage resulting from the ordinance
amendment is categorically exempt per Section 15311 of CEQA.
RECOMMENDATION
Thus, staff would recommend the preparation of an ordinance amending Section 17.60.070 of the Zoning
Ordinance to provide for the inclusion of the Hosking Avenue/Highway 99 interchange within the Freeway
Oriented Signs ordinance.
OPTIONS
Staff requests that your committee digest the information within this report and any testimony associated with
the Committee meeting itself and provide direction regarding further consideration of this topic. Three options
available are:
Option 1: No Further Action.
Option 2: Prepare Draft Ordinance. If directed, staff will prepare a draft Ordinance for presentation to the
Planning Commission and subsequent forwarding to the City Council for deliberation and potential adoption.
Option 3: Alternative Direction from the Committee.
NEXT STEPS
Staff will take the direction of the Committee.
ATTACHMENTS
Exhibit A – Freeway Oriented Sign Map – State Route 99 and Hosking Avenue.
EXHIBIT A
MEMORANDUM
February 10, 2021
TO: PLANNING AND DEVELOPMENT COMMITTEE
Bruce Freeman, Chair
Bob Smith
Patty Gray
FROM: Christopher Boyle, Development Services Director
SUBJECT: Multifamily Development Standards
This report is a follow up to a report provided at the May 6, 2020 Planning and Development Committee meeting
where the committee discussed a referral from Councilman Parlier directing staff to look at development
standards for large apartment complexes. At that meeting, City Manager Clegg stated Councilmember Parlier had
concerns with land use patterns, in particular an over-concentration of multifamily complexes in various areas of
the city. Staff noted that state law prohibited the adoption of design standards that are not objective in nature.
Committee Chair Freeman directed staff to clarify with Councilmember Parlier the objective of his referral. He also
requested staff research the concept of a development standards checklist to be presented at a future Committee
meeting.
BACKGROUND
As directed by Committee Chair Freeman, staff had follow-up dialogue with Councilmember Parlier.
Councilmember Parlier expressed that the primary goal is to have an instrument that ensures that quality
multifamily projects are the norm within the community. Staff discussed with Councilmember Parlier the concept
of objective design standards as a methodology toward accomplishing that goal. As the referring Councilmember,
he is supportive of this concept.
ANALYSIS
Since state leaders have declared a housing crisis in California that has resulted in many housing-related bills being
passed by the legislature, staff began analysis first with a review of current housing law. There have been many
laws adopted with the intent of promoting the accelerated construction of affordable housing in the state,
beginning with SB 35 in 2017. Many of these new laws have fallen under the umbrella of the Housing
Accountability Act (HAA). Originally adopted in 1982, the HAA was intended to overcome the lack of certainty
developers experienced by limiting local governments’ ability to deny, make infeasible, or reduce the density of
housing development projects. Since 2017, the HAA has been amended no less than seven times to expand and
strengthen its provisions. Key restrictions on local governments’ ability to take action against housing
development projects are set out in Government Code section 65589.5.
One amendment, SB 330, known as the Housing Crisis Act of 2019 (Act) speaks to the adoption of design standards
for residential development. Government Code Section 66300 requires that a “city shall not enact a development
policy, standard, or condition . . . imposing or enforcing design standards established on or after January 1, 2020,
that are not objective design standards.” Objective design standards are defined within the Act as “a design
standard that involve[s] no personal or subjective judgment by a public official and is 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 of an application.” Local governments are not
prohibited from requiring a housing development project to comply with objective, quantifiable, written
development standards, conditions, and policies.
The intent of the HAA provisions is to give developers certainty in what standards, conditions, and policies apply
to their project and how those standards can be met. Local governments that deny a project due to a failure to
meet subjective standards (those standards that are not objective as defined) could be in violation of the HAA and
subject to penalty. In addition, objective standards that do apply should make it feasible for a developer to build
to the density allowed by the zoning and not constrain a local government’s ability to achieve its Regional Housing
Needs Allocation (RHNA) housing targets.
In order for a development to qualify for the protections under the HAA it must meet the definition of a “housing
development project”. Furthermore, for a project to qualify for the affordable housing protections, it must also
meet the definition of “Housing for very low-, low-, or moderate-income households”. A “housing development
project” means a use consisting of residential units only, mixed use developments consisting of residential and
non-residential uses with at least two-thirds of the square footage designated for residential use, or transitional
or supportive housing. In order to qualify as a housing development affordable to lower- or moderate- income
households, the project must meet one of the following two criteria:
• At least 20 percent of the total units shall be sold or rented to lower income households. Lower-income
households are those persons and families whose income does not exceed that specified by Health and
Safety Code, § 50079.5, 80 percent of area median income.
• 100 percent of the units shall be sold or rented to persons and families of moderate income, or persons
and families of middle income. Moderate-income households are those persons and families whose
incomes are 80 percent to 120 percent of area median income (Health and Safety Code, § 50093.) Middle-
income households are those persons and families whose income does not exceed 150 percent of area
median income (Gov. Code, § 65008 subd. (c))
In addition, the rental or sales prices of that housing cannot exceed standards restricting rent or sales prices to
percentages of area median income with adjustments for household size made in accordance with specific factors.
Thus, objective development standards would apply to mixed use and multifamily projects applying under Housing
Accountability Act protections, typically income restricted development most important to the City in realizing
compliance with housing element goals toward providing housing for all residents in the community.
As an example, this report includes the recently adopted “Gilroy Mixed-use Residential and Multi-family
Residential Objective Design Standards Policy – Adopted October 18, 2021.” Although many cities in the state
have recently adopted or are currently in the process of adopting objective development standards, staff sees the
City of Gilroy standards as an excellent example of what objective development standards are, their applicability
to the HAA and the intended outcomes of ensuring attractive and functional homes for all residents. Please take
some time to review the attached Gilroy standards, or visit the City of Gilroy website to view this document at:
https://www.cityofgilroy.org/905/Objective-Design-Standards.
Market rate development in the City, such as “The Reserve” development at the northeast corner of Harris Road
and Buena Vista Road (shown below), would not be subject to HAA protections and would not be required to
provide consistency with objective development standards.
Objective development standards could provide an ordinance that would ensure quality development for all
projects, whether market rate or affordable housing.
Committee Chair Freeman also requested analysis associated with the creation of a checklist that could assist
developers. In that update to the Zoning Ordinance will be a requirement in conjunction with the Housing Element
Update, staff recommends that the checklist be prepared as a component of the ordinance update effort, to be
brought to the committee for review and recommendation as a separate item at a later date.
CONSIDERATIONS
Adoption of objective development standards does not render current subjective approaches null nor preclude
the existing processes from being utilized. Subjective analysis of project merit would still be available for
utilization as a tool for staff and/or developers.
Another consideration involves any potential impact to previously approved entitlements, including vested
subdivision maps. Staff advises that there would be no impact to previous entitlements. Objective standards
would be available for multi-family residential and mixed-use development that qualifies to utilize the standards.
Development Services has secured a Regional Early Action Planning (REAP) grant for $291,476.00. In order to be
in compliance with State law, the City’s Zoning Ordinance will need to be updated in conjunction with the
upcoming 6th Cycle Housing Element update. Current residential zoning will not be consistent with state law and
will need updating concurrently with the Housing Element Update. The update shall replace the existing nested
residential zoning format with a zoning strategy that provides better density assurances through implementation
of minimum and maximum density standards within each residential zone, providing better confirmation of
Regional Housing Needs Allocation compliance. The revised zoning ordinance, in conjunction with the 6th Cycle
Housing Element update, will increase and accelerate housing production. The City’s consultant additionally
recommends that the City also adopt objective development standards to further comply with State law. A request
for proposal is currently being drafted to accomplish the tasks approved within the REAP grant.
CEQA analysis will not be completed as part of this report as there is no project per the California Environmental
Quality Act (CEQA) at this time. If the Planning and Development Committee directs that an objective
development standard ordinance be written, then CEQA will be triggered because a discretionary decision will
follow. In that no physical change to the environment will occur as a component of the adoption of the ordinance,
and that subsequent development will require project by project CEQA analysis, my initial thought would be that
this ordinance amendment would be exempt from CEQA or incorporated into ongoing Housing Element
environmental analysis.
RECOMMENDATION
Within the ongoing 6th Cycle Housing Element effort, the list of state laws that must be addressed is a long one.
Compliance with the objective development standards component of the Housing Accountability Act would make
progress toward that effort and could ensure that quality multifamily projects are the norm within the community.
Thus, staff would recommend the inclusion of mixed-use and multi-family residential objective design standards
as a component of the ordinance updates associated with 6th Cycle Housing Element Update.
OPTIONS
Staff requests that your Committee digest the information within this report and any testimony associated with
the Committee meeting itself and provide direction regarding further consideration of this topic. Three options
available are:
Option 1: No Further Action.
Option 2: Prepare Ordinance. If directed, staff will include the preparation of mixed-use and multi-family
residential objective design standards within the RFP for preparation of required housing-related Zoning
Ordinance Updates. The objective design standards will be brought to the Planning Commission for review and
recommendation to the City Council for final approval and adoption.
Option 3: Alternative Direction from the Committee.
NEXT STEPS
Staff will take the direction of the Committee.
ATTACHMENTS
Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards Policy – Adopted October
18, 2021
Gilroy Mixed-use Residential and Multi-family Residential
Objective Design Standards Policy – Adopted October 18, 2021
Page 1 of 11
The intent of Objective Design Standards is to provide developers with a clear understanding of the City’s
expectations for mixed-use and multi-family residential project design. Objective design standards are
written as requirements, rather than guidelines; therefore, all mixed-use and multi-family residential
projects applying under Housing Accountability Act (HAA) protections shall comply with each standard.
Importantly, objective design standards regulate site and structure design only. Projects must also comply
with all applicable building permit requirements, zoning code requirements, and development standards
such as height, setbacks, floor area ratio, etc.
Applicability: The Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards
apply to residential projects consisting of multi-family residential units only or mixed-use buildings, as
defined below.
Mixed-use. A building consisting of residential and non-residential uses (e.g., commercial retail, retail
service, office, civic, and institutional) with at least two-thirds of the square footage designated for
residential use, transitional housing, or supportive housing.
Multi-Family Dwelling. A residential structure containing two or more residential dwelling units, each of
which is for the occupancy by one or more persons, including duplexes, triplexes, fourplexes, apartments,
condominiums, and townhouses.
BUILDING ENTRIES, STAIRWELLS, AND GARAGES
Intent: To create an attractive, welcoming, safe, and active interface between private development and
the public realm, buildings and site design shall meet the following objective criteria:
All Residential Developments
Residential entries. Residential units that are not adjacent to the street shall have front entries
that are oriented to common areas such as paseos, courtyards, parking areas, and active
landscape areas. (CPTED)1
Exterior Stairwells. Exterior stairwells shall not be oriented to the street. For safety and
security, exterior stairwells shall face interior spaces, such as plazas and gathering areas,
parking areas, and pedestrian pathways and shall not be separated from these areas by
landscaping, fences, or walls taller than three feet. (CPTED)
Access Control. Gated, fenced, or underground parking facilities, and gated exterior stairwells
shall incorporate access control technology (e.g., access card or key). (CPTED)
Security Camera System. Developments with more than 50 units shall incorporate a monitored
or recorded security camera system. (CPTED)
1 (CPTED) indicates a standard that addresses crime prevention through environmental design.
Gilroy Mixed-use Residential and Multi-family Residential
Objective Design Standards Policy – Adopted October 18, 2021
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Multi-family Residential Developments
Front entries. Buildings positioned along the street shall orient front entries to the street. Street
facing residential units shall have covered front entries with a minimum recess or projection of
48 square feet in area.
Entryway Design. Street facing entries shall be accentuated by a minimum of one (1) of the
following:
a change in roof pitch or form, such as a gable, that extends a minimum of one foot past the
sides of the door jamb.
an increase in roof height of at least one (1) foot to accentuate the entry.
wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway
wall surface area, inclusive of windows and doors.
Garage Doors. For projects containing five (5) or more units, garage doors shall not face a public
street(s) but may be oriented toward an alley or a private street/driveway that is internal to the
project. All garage doors shall be recessed a minimum of six (6) inches from the surrounding
building wall and shall include trim of at least one and a half (1.5) inches in depth.
FIGURE 1: GARAGE DOOR ORIENTATION, PROJECTS WITH FIVE OR MORE UNITS
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Objective Design Standards Policy – Adopted October 18, 2021
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Mixed-use Residential Developments
Commercial/Office Units. Commercial/Office unit entrances shall face the street, a parking area,
or an interior common space.
Residential Units. Residential units in a mixed-use development shall be located on the upper
floors of any elevation that faces a public street with residential access provided through a
separate entry along each street frontage or a single entry at the corner.
MASSING AND ARTICULATION
Intent: To create a human-scale environment and buildings that are compatible with and enhance the
surrounding area, building design shall meet the following objective criteria:
Residential Adjacencies. The side and rear walls of any building within 15 feet of a required setback
shall be a maximum of 15 feet higher than the directly adjacent existing residential structure, or the
exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight
(8) feet along the entire facade. There is no stepback requirement for side and rear walls more than
15 feet from the required setback line.
FIGURE 2: SIDE AND REAR WALLS ADJACENT TO AN EXISTING RESIDENTIAL USE
Major Massing Breaks. Buildings shall have major massing breaks at least every 56 feet along any
street frontage or publicly visible area, by incorporating at least one (1) of the following features.
stepping back at least 51 percent of the upper floors by a minimum of 10 feet for at least 70%
of the facade;
recessed or projected covered entries with a minimum area of 24 square feet;
exterior arcades or other ground floor building recessions that provide sheltered walkways
within the building footprint with a minimum width of eight feet;
ground floor courtyards within the building footprint with a minimum area of 48 square feet; or
architectural features that are at least four (4) feet wide and extend a minimum of one (1) floor
in height.
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FIGURE 3: MAJOR MASSING BREAKS, GROUND FLOOR COURTYARDS
Minor Massing Breaks. Buildings shall have minor massing breaks at least every 30 feet along any
elevation, by incorporating at least one (1) of the following features:
doors and windows recessed by a minimum of four (4) inches;
variations in wall plane (projection or recess) by a minimum of two (2) feet in depth for at least
30% of the facade;
vertical elements, such as pilasters, that protrude a minimum of one (1) foot from the wall surface
and extend the full height of the structure; or
Any of the major massing breaks noted above can be double counted as a minor massing break,
so long as it is located within the 30-foot section.
FIGURE 4: MINOR MASSING BREAKS, VARIATION IN WALL PLANE
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Roofline Articulation. Rooflines shall be vertically articulated at least every 48-feet along the street
frontage through one (1) of the following techniques:
A change in wall or roof height of a minimum four (4) feet;
A change in roof pitch or form; or
The inclusion of dormers, gables, parapets, and/or varying cornices.
Building Variation. Buildings three (3) stories or taller and wider than 30 feet shall be designed to
differentiate the ground floor, middle body, and top floor or cornice/parapet cap. Each of these
elements shall be distinguished from one another through use of one (1) of the following
techniques:
Variation in building modulation for a minimum 70% of the length of the façade, through changes
in wall planes that protrude and/or recess with a minimum dimension of four (4) feet;
Balconies or habitable projections with a minimum two (2) feet in depth for a minimum 25% of the
length of the façade;
Variation in façade articulation, through horizontal and/or vertical recesses or projections;
(minimum four (4) inches in depth) such as shading and weather protection devices, decorative
architectural details, or a pattern or grouping of windows, panels, or bay windows;
Variation in fenestration, through at least two (2) of the following: size2, proportion3 or pattern; or
Variation in façade material, through at least two (2) of the following: size4, texture, pattern, or
color.
FIGURE 5: BUILDING VARIATION BY MODULATION, BUILDINGS THREE STORIES OR TALLER
2 Including: incorporating a stepback, recession, or projection with a minimum depth of four (4) feet.
3 Including: a change in the surface area occupied by windows, doors, balconies, or trim by a minimum of 15 percent.
4 Including: a change in depth of at least four (4) inches.
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FIGURE 6: BUILDING VARIATION IN FENESTRATION, BUILDINGS THREE STORIES OR TALLER
ARCHITECTURAL ELEMENTS
Intent: To create a sense of place with buildings that are cohesive, well-crafted, and enhance the
public’s experience, buildings shall be designed to meet the following objective criteria:
Corner Treatments. Corner buildings that are two (2) stories in height shall include at least one (1)
of the following features within 15 feet from each edge of the building corner. Buildings that are
three (3) or more stories in height shall incorporate a minimum of two (2) of the following features
within 15 feet from each edge of the building corner:
change in primary wall material and color;
change in height of more than four (4) feet;
change in wall plane of a minimum depth of two (2) feet;
entry to ground floor retail or primary building entrance;
different fenestration pattern from the primary façade;
open space with a minimum dimension of 16 feet and minimum area of 450 square feet,
which accommodates either a publicly accessible courtyard/plaza, or outdoor seating for
public dining.
End Units. End units shall include the following features on their side elevations: a minimum of 15
percent fenestration area, and at least one (1) facade modulation with a minimum depth of 18
inches and a minimum width of two (2) feet. Example: Wrap around front porch.
Balconies, Patios, and Porches. All ground floor residential units and a minimum of 51 percent of
the upper floor residential units shall include a balcony, patio, porch, or stoop, and this feature shall
be a minimum 48 square feet in area. Fractional calculations shall be rounded up. Balcony walls
above the ground floor shall be a maximum of 15 percent transparent.
Gilroy Mixed-use Residential and Multi-family Residential
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FIGURE 7: BALCONIES, PATIOS, AND PORCHES
Façade Transparency. At least 60 percent of the ground floor, street facing walls of non-residential
units shall include transparent window or door glazing between two and 10 feet in height from
grade, providing unobstructed views into the non-residential space. Where it is infeasible to provide
glazing, such as a parking garage, trash room, mechanical room, or electrical room, landscaping
with a minimum dimension of 18-inches in depth and a width equivalent to 70 percent of the wall
shall be provided to soften the appearance of a blank wall on the ground floor.
FIGURE 8: MIXED USE FAÇADE TRANSPARENCY
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Windows and Doors. Windows and doors shall either be trimmed or recessed. When trimmed, the
trim material shall not be less than 3.5” in width by ¾” in depth when protruding from the wall. Foam
trim molding is prohibited on the ground floor. When recessed, the building primary siding material
(masonry or stucco) shall cover the recessed edge faces and wrap toward the interior face of the
window glazing or door face by not less than 3" in depth.
FIGURE 9: WINDOW AND DOOR TRIM
Personal Outdoor Storage Spaces. A minimum of 10 square feet (80 cubic feet) of personal
outdoor storage space shall be provided for each dwelling unit. Personal outdoor storage areas
shall be covered and able to be locked.
COLORS AND MATERIALS
Intent: To ensure that buildings include a variety of color palettes and textures with durable and
attractive materials that contribute to the aesthetic quality of the development and the neighborhood,
buildings shall be designed to meet the following objective criteria:
Primary Wall Finish Material. The primary wall finish material5 shall be wood, stone, brick, stucco,
fiber cement or other cementitious material, or stone. T1-11 siding and all grooved or patterned
wood panel or composite wood panel siding are prohibited.
Required Number of Materials. Structures shall incorporate a minimum of two building materials
on each building elevation. Trim does not count as the second material.
Colors. Structures shall have a color palette that consists of at least two (2) body colors and two (2)
accent colors (not including roof color). Projects with two (2) or more residential structures shall
5 Primary wall finish material: the material covering the largest percentage of surface area of any building face or elevation.
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include a minimum of two (2) color palettes and shall not use a single palette on more than 70
percent of the residential structures. Stone materials shall not be painted.
CIRCULATION
Intent: To provide pedestrians, vehicles, and cyclists with safe and efficient site access and circulation,
site design shall meet the following objective criteria:
Pedestrian Circulation. All structures, entries, facilities, amenities, and parking areas shall be
internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public
sidewalk along each street frontage. Pedestrian pathways shall be separated from roads and
parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised
planting strip.
Vehicular Circulation. All parking areas shall be internally connected and shall use shared
driveways within the development.
Carports: Carports shall be painted with the approved color palette for the project.
Parking. Parking shall not be located between the building frontage and a public sidewalk.
Uncovered parking areas shall include a landscaped break with one (1) tree and a minimum width
of five (5) feet at intervals of a maximum of every 12 parking stalls.
FIGURE 10: UNCOVERED PARKING AREAS
Bicycle Parking. All structures with dwelling units shall provide short-term bike parking in the form
of an inverted “U”. An artistic rack may be proposed, subject to discretionary City approval. Bicycle
parking shall not be separated from building entrances by a road, parking area, or structure.
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OPEN SPACE AND COMMON AREAS
Intent: To ensure that residents and visitors have access to usable open space and common facilities
that provide recreational opportunities, promote a safe environment, and enhance the pedestrian
experience, common area and open space design shall meet the following objective criteria:
Outdoor Space. Landscaping shall be located in all outdoor areas that are not specifically used for
parking, driveways, walkways, patios, or other outdoor amenities as described below.
Paved Areas. Paved areas shall not exceed 50 percent of the required front or street side setback
area.
Courtyard and Gathering Areas. Internal courtyards and common areas shall be visible from the
street, parking areas, pedestrian pathways, and/or interior building entries. (CPTED)
Public Art. Developments with more than 20 units shall provide at last one public art amenity, to be
approved through the City’s public art approval process.
Play Areas. Multi-family developments with more than 10 units shall provide a play area with at
least two structured play modules (e.g., slide and sand box, or tunnel and climber) and a picnic
table adjacent to the play area as one of the required active outdoor amenities. Senior or
convalescent type housing is exempted from the play area requirement but shall provide a shaded
outdoor patio area with minimum seating capacity of eight persons as one of the required active
outdoor amenities.
Outdoor Amenities. Projects shall provide outdoor amenities according to the following table.
Required amenity areas may be combined into a single area, if the minimum requirements for each
amenity area are met within the combined area.
Passive Recreation Amenities. Passive recreation amenities include community gardens,
outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/ plaza.
Each passive recreation area shall include a minimum seating capacity of one for each 10 units
and at least one of the following: trellis, gas fire pit, BBQ, or picnic table.
Active Outdoor Amenities. Active recreation amenities include playground/tot lots, sport
court/field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse
w/kitchen, recreation hall.
Number of Units
in Development Passive Recreation Amenities Active Recreation Amenities
11-30 2 with a minimum area of 300 sq. ft. total 1 with a minimum area of 500 sq. ft. total
31-60 2 with a minimum area of 400 sq. ft. total 2 with a minimum area of 800 sq. ft. total
61-100 2 with a minimum area of 500 sq. ft. total 2 with a minimum area of 1,200 sq. ft. total
101+ 2 with a minimum area of 600 sq. ft. total 2 with a minimum area of 2,000 sq. ft. total
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LIGHTING
Dusk to Dawn. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape
areas, and pedestrian pathways shall include dusk to dawn lighting for safety and security.
(CPTED)
Design and Placement. Lighting shall be recessed or hooded, downward directed, and located to
illuminate only the intended area.
FIGURE 11: LIGHTING DESIGN
Lighting Spill. Lighting shall not spill beyond the intended area and shall not extend across a
property line.
FENCING
Fences and Wall Materials. Chain link fences are prohibited.
UTILITIES AND SERVICE AREAS
Screening. Utilities and utility vaults, and all mechanical equipment shall be screened or hidden
from view from the public street.
Refuse Enclosures. Trash, recycling, organic waste, and green waste bins and dumpsters shall be
consistent with fire and building codes and shall be housed in a covered refuse enclosure with a
gate that screens the trash receptacles. Sizing of the enclosures shall conform to solid waste
provider requirements.
Refuse Enclosure Materials and Colors. Refuse enclosures shall be constructed of the same
primary wall material and color as the most adjacent building within the development.
Refuse Enclosure Access. Refuse enclosures shall have both a vehicular access gate with a
concrete apron, and a pedestrian entrance. Gates shall be opaque. Access shall conform to solid
waste provider requirements.
12:00 p.m.3:30 pm Closed Session 5:15 p.m. Public Session
Redistricting Hearing: 02/23
Budget Hearing: 06/01, Budget Adoption: 06/15
12:00 p.m.
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League of California Cities Mayors and Council Members Executive Forum - 2022 Date Yet To Be Determined
League of California Cities Annual Conference - September 7-9, 2022
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