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159735382.2 <br />Simon Property Group Comments on August 2022 Objective Design Standards <br />and Noting How December 2022 ODS Address The Issues <br />December 20, 2022 <br />In the Spring of this year, Simon Property Group (SPG) submitted a matrix commenting on the provisions of the City’s “Objective Design Standards <br />for Housing Sites, Public Draft, August 20, 2021” (August 2021 ODS) that apply to multifamily projects on sites six acres or less. Set forth below are <br />excerpts from that matrix (with SPG’s comments modified to delete references to specific submittals made in connection with SPG’s 2022 <br />Residential Project). The excerpt consists of the rows indicating that modification of the standard is required. We have added a column indicating <br />how this standard is addressed in the “Objective Design Standards for Housing Sites, Public Review Draft, December 14, 2022”(December 2022 <br />ODS). <br />The matrix below includes the following rows from the original matrix, for which modifications to the ODS are recommended because these <br />standards are not feasible for the high-density,multifamily development the City is encouraging: <br />Row 9 (amount of storage space), <br />Row 11 (alleys will provide primary access) <br />Rows 20, 24 and 109 (building breaks/mid-block access), <br />Row 21 (units opening on to streets), and <br />Row 102 (waste collection access from alleys), <br />Row 106 (stepbacks), <br />Row 118 (sloped roofs), and <br />Row 123 (architectural trim). <br />In addition, we note that the December 2022 ODS include ”design guidelines”as well as design standards and development standards. The <br />“design guidelines” are not objective, as they state only what a project “should” do or be “encouraged” to do. A standard is not objective unless it is <br />“uniformly verifiable by reference to an external and uniform benchmark,” “involves no personal or subjective judgment by a public official” and <br />“there is little to no room for reasonable persons to differ on whether a project complies with such a benchmark.” Non-objective standards <br />established on or after January 1, 2020, as will be the case for the ODS, cannot be enforced. (Gov’t Code § 66300(b)(1)(C)) We will be working <br />with staff to address this issue. <br />Exhibit D - ODS Public Comments - 01-11-23 PC - Page 40