Streamlining Changes
These zoning changes are to reduce non-controversial project reviews that involve more time and cost than what seems appropriate, based on the scale of a project, public interest, or issues to address.
Subject
Streamlining Item Description
Residential Projects Adjacent to Historic Residences
Allow City Planner approval of a new residence or duplex across the street from historic residences, and allow projects of up to three or four new units at least 120 feet and two parcels from historic residences. Currently, a Zoning Administrator public hearing decision is required. These projects are significantly separated from historic residences. If the City Council wants to retain public notice for these projects, staff could explore sending a notification letter to surrounding properties and hold a hearing if public comments are received that express concern or opposition.
Residential Additions Adjacent Historic Residences (i.e., Abutting Single-Family and Duplexes, Triplexes or Fourplexes Within 300 Feet) Restore the ability for the City Planner to approve additions less than 500 square feet to residential buildings if the addition is mostly screened from public right-of-way next to historic structures and projects do not increase the building height. This was possible prior to 2023 but unintentionally removed in an ordinance. Currently, a Zoning Administrator public hearing is required.
Restore/ Revise Appeals Process
Restore the appeals process that existed prior to 2023, where the City Council could call-up Zoning Administrator decisions only. In 2023, the Planning Commission was given new authority to call-up Zoning Administrator approvals, in addition to the City Council. This can extend the review process if the Planning Commission calls up a decision.
Additionally, explore the option of revising appeals on zoning permits to remove the requirement that such appeals are “de novo” (meaning a new hearing on the matter) and instead require that appeal hearings be limited to a review of the record from the lower review authority and the application of laws and standards to the facts presented at the original hearing.
Dark Skies Lighting
Amend lighting standards to clarify what lights are compatible. There has been uncertainty and staff time responding to public complaints on unshielded lighting. This change would allow staff to allocate more time toward development project reviews.
Signs
Allow staff to approve four or less signs under 25 total square feet in the Architectural Overlay, including on new buildings without a master sign program. Currently, Planning Commission approval is needed to allow 25 square feet or more of signage on existing buildings or to allow any signs on new buildings with a master sign program.
Landscape Exceptions
Allow the Zoning Administrator to approve landscape area exceptions in commercial and mixed-use zones. Currently, Planning Commission approval is required.
Condominium Conversions
Simplify a process for determining the allowed number of apartments that may be annually converted to condominiums by avoiding the need for the Planning Commission to certify the annual vacancy rate, if possible. If a public hearing is required by state law, consider requiring certification by the Zoning Administrator. This would reduce staff time on a process that can be reallocated to processing development applications.
Encroachment Permits
Allow engineering staff to approve encroachment permits for any project, including when a public hearing approval is required. Currently, the Municipal Code requires a public hearing approval of encroachment permits when proposed with a development that requires a public hearing. This change would reduce staff time on staff reports that can be allocated to other project reviews.
Other Batch Zoning Changes
These changes are to make zoning standards clearer, fix errors, follow state law, and improve how the rules implement City policy. Below are examples of planned changes, but staff may add other items through the review process.
Subject
Batch Item Description
State Law Updates
Amend the Zoning Code for consistency with State Law updates. Amendments are related, but not limited to, housing, Accessory Dwelling Units (ADUs), Electric Vehicle (EV) Stations, signage, etc.
Accessory Structures
Clarify how accessory structures, such as patio covers, are measured from the property line for purposes of meeting setbacks requirements; clarify accessory structure height limits; and define the minimum building setback for detached patio covers.
Landscaping
Consider adding exceptions to landscaping requirements on all non-residential zones to allow vertical landscaping (i.e. vines, wall planters, etc.) when meeting landscaping requirements is challenging due to site constraints.
Commercial Use Table
Clean up the use table to reconcile unintended 2014 General Plan change of land use designation of NC2 to NC1.2 zones on properties other than El Camino Real and Camino Capistrano.
Walls
Add section references to applicable code sections for wall exceptions; add a distance requirement between walls/fences; clarify how to measure wall heights; and add an objective design standard for planting area in front of retaining walls in the front and street-side yard setback.
Sign Ordinance
Update sign standards with City Attorney guidance for legal precedent, and add/clarify definitions and standards for certain types of signs, such as historic signs, service station signs, on-and off-site signs, vehicle signs, and feather banners.
Parking
Consider updates to parking provisions, including parking exceptions for narrow lots, and address how and when engineering technical standards should be referenced or required.
Vacation Rentals
Clarify the 300-foot buffer standard between vacation rentals; and clarify regulations for multiple Short Term Apartment Rentals (STARs) on one site.
Definitions
Add definitions for "alley" and "roof element" to facilitate review for compliance with standards related to setbacks and height limits.
Specific Plans
Update Specific Plans, as needed, for consistency with these batch Zoning Code changes as applicable.
This item was proposed within the 2023 Streamlining Project but not adopted due to public concern with reducing project reviews down to a staff level without public notice. Staff could revisit this idea and pursue new streamlining options.
Note: the Planning Commission previously made an Interpretation (No. 16-033) related to this existing topic Streamlining and Zoning Batch Amendments Page 2 Streamlining and Zoning Batch Amendments EXHIBIT A