(a) The Objective Design Standards (Objective Standards) apply to all residential and mixed-use development, which include the new construction of two (2) or more residential units. The Objective Standards were created in response to legislative provisions such as the Housing Accountability Act, that limit local jurisdictions’ ability to deny or reduce density of housing projects that are consistent with “objective standards” and multi-family residential projects meeting affordability and other criteria can only be subject to “objective” planning standards to be approved through a ministerial process. These standards also apply to redevelopment that creates two (2) or more new residential units, including but not limited to adaptive reuse of existing buildings. In addition, these standards apply to groups of two (2) or more attached townhomes (row houses), regardless of whether multiple townhomes occupy the same lot, or each townhome is located on a separate lot. The Objective Standards do not apply to residential development approved pursuant to Article 37 (Urban Lot Splits and Two-Unit Housing Developments) and Section 9-4.2521 (Accessory Dwelling Units).
(b) If a conflict occurs between these Objective Standards and other provisions of the City of Thousand Oaks Municipal Code Title 9, Chapter 4, these Objective Design Standards will supersede the standards provided in other Articles of this Chapter. Terms defined within this Article govern the application of these standards and the underlying zoning requirements for qualifying projects. The Objective Standards apply to all residential projects that have not been accepted as complete for processing prior to the effective date of this Article. Terms used in this Article have the same meaning as those terms which are used in Title 9, Chapter 4, except for those terms specifically defined within this Article.
(c) Unless otherwise allowed as a ministerial approval by State law, projects subject to these Objective Standards require application and approval of a Residential Planned Development Permit along with a fee prescribed by City Council and may not be entitled through a modification process. The Community Development Director shall have approval authority for Residential Planned Development permits for projects that comply with these Objective Standards that do not include a Tentative Tract Map. When considering a Residential Planned Development permit, the Community Development Director may approve, with conditions, based on the following findings:
(1) The project is consistent with the Thousand Oaks General Plan and any applicable specific plan;
(2) The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code; and
(3) The project has been reviewed in conformance with the provisions of the California Environmental Quality Act.
(d) If a project does not comply with these Objective Standards, unless otherwise waived under current State density bonus law, the Community Development Director may approve up to three (3) modifications for Building Massing and Articulation, Accessory Structures, or Site and Building Elements. If the applicant requests more than three (3) modifications to these standards, the request and accompanying entitlements will be referred to the Planning Commission. Requests of one or more modifications to the remaining standards in this Article will be referred to the Planning Commission.
(e) Approval of modifications to these standards by the Community Development Director and the Planning Commission must be based on making the following findings:
(1) The modification, while not consistent with a specific provision of this Code, is justified by its intent or by design hardship and allows reasonable and conforming use that is consistent with the General Plan goals and policies and underlying zoning district.
(2) The modification would result in development consistent with the scale and character of existing and allowable development in the vicinity under the same zoning.
(3) The modification would result in development that is not detrimental to or that would not adversely impact adjacent properties.
(§ 2, Ord. 1698-NS, eff. April 29, 2022, § 4, Ord. 1704-NS, eff. November 25, 2022)