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R115681 City Council Meeting: December 19, 2023 Santa Monica, California RESOLUTION NUMBER 11568 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING OBJECTIVE DESIGN STANDARDS FOR QUALIFYING HOUSING PROJECTS THAT ELECT TO USE THE STREAMLINED, MINISTERIAL APPROVAL PROCESS ESTABLISHED BY SENATE BILL 35 WHEREAS, in an effort to address the California housing shortage by increasing housing supply, Senate Bill (“SB”) 35, passed in 2017 by the California State Legislature and most recently amended by SB 423 in 2023, provides qualifying housing projects the opportunity to opt into a streamlined, ministerial approval process through which a housing project is only reviewed against objective zoning and design review standards; WHEREAS, SB 35 applies to jurisdictions that do not have a compliant Housing Element or have not met their Regional Housing Needs Assessment (“RHNA”) goal for construction of above-moderate income housing and/or housing for households below 80% area median income (AMI); and WHEREAS, each year, the State Department of Housing and Community Development (“HCD”) issues an SB 35 determination that indicates which cities are subject to the streamlining requirements of SB 35; and WHEREAS, this determination is based upon Annual Progress Report data submitted by jurisdictions each year compared to the RHNA or prorated Lower (Very-Low and Low) and Above-Moderate RHNA for each jurisdiction; and WHEREAS, on June 30, 2023, HCD determined that Santa Monica fell behind on addressing Lower-Income housing needs for the City’s 5th Cycle (2013-2021) Housing Element, and, therefore, Santa Monica is subject to SB35 for housing projects that include DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 2 more than 50% of their units as affordable units and elect to comply with all other requirements of SB 35; and WHEREAS, as a result, eligible housing projects must only be reviewed against objective design standards (in addition to compliance with other development standards) and cannot be subject to the City’s standard architectural review process, which is designed to, among other things: (1) prevent the development of structures or uses that are not of acceptable exterior design or appearance, are of inferior quality, or are likely to have a depreciating effect on the local environment or surrounding area by reason of appearance or value; and (2) to eliminate conditions, structures, or uses, which by reason of their effect tend to degrade the health, safety, or general welfare of the community; and WHEREAS, the proposed objective design standards supplement standards already in existence and seek to ensure quality building design while addressing design- related issues often considered during the design review of housing project, including, but not limited to: (1) ground floor design standards for residential uses facing the street to ensure adequate design and pedestrian orientation; (2) standards for design details of façade materials, transitions, and overall visual interest; (3) design standards for open space for residential projects to ensure maximal resident use and enjoyment of the space; and (4) standards to ensure that any above-grade parking levels within housing projects are adequately screened and designed with materials that integrate well into the project’s design and minimize its appearance; and WHEREAS, the proposed objective design standards have been developed in consultation with the Southern California Association of Governments (“SCAG”), AECOM, Architectural Review Board (“ARB”), Planning Commission, and commentary DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 3 received by members of the public during virtual community workshops occurring on August 22, 2022, October 26, 2023 and a roundtable discussion on November 27, 2023; and WHEREAS, the following objectives guided the creation of the proposed standards: (1) no replacing of existing objective design standards in the zoning ordinance already extensively discussed throughout Housing Element process; (2) ensuring that proposed standards are not a constraint on housing production; and (3) ensuring that proposed standards are within the scope of ARB’s typical review; and WHEREAS, should the City not adopt any objective design standards, projects could be approved without any design review that is intended to promote the health, safety, and general welfare of the community; and WHEREAS, the City Council now desires to adopt Objective Design Standards attached as Exhibit A to this Resolution in compliance with SB 35 to ensure that the City has appropriate standards immediately in place to apply to qualifying SB 35 housing projects, should an eligible applicant opt into using that process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby adopt the Objective Design Standards attached to this Resolution as Exhibit A and incorporated herein by reference. In adopting these standards, the City Council finds and declares that, based on the oral and written testimony presented to the City Council at the public hearing on December 19, 2023, that there is substantial evidence in the record to support the standards set forth therein. DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 4 SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ Douglas Sloan, City Attorney Exhibit A - Objective Design Standards for Projects Subject to Senate Bill 35 DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 EXHIBIT A DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 SB 35 Objective Design Standards December 2023 | Final DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 1 I. Ground Floor Design Intent To promote an active, accessible, and comfortable pedestrian environment that enhances the public realm at a human scale, promotes a sense of openness, and enables flexible uses over time. Objective Design Standards A. Horizontal Element for buildings with a ground floor height of 15 feet or greater: Incorporate a horizontal element between 9 and 14 feet above sidewalk elevation for a minimum of 30% of building frontage. Any horizontal elements shall not consist of vinyl or plastic materials. Elements may be continuous or intermittent, and may include but not limited to: 1) An awning, canopy, or other covering; 2) Signage band 3) An architectural projection of at least 18 inches; and/or 4) A trellis. B. Entrances Except For Entrances to Residential Units: Street-facing façades shall provide a minimum of one entrance for each street frontage that opens onto the sidewalk. Entrances shall be articulated by one or more of the following: 1) A canopy, awning or other covering; 2) Signage band 3) Porch/portico; 4) Trellis; or 5) Recessed entryway. C. Street-Facing Residential Uses: Ground floor residential units with street frontage shall have either an entrance or private Outdoor Living Area facing the street. Projects that do not provide street-facing residential units and provide a primary entry into the site or residential lobby may include street-facing residential amenity space pursuant to Section I(C)(6) below. 1) Entrances to residential units on the ground floor shall be set back a minimum of 4 feet from the street-facing property line. 2) Entrances shall have a minimum 3-foot covered landing area at the same grade as the interior floor. 3) Entrances shall incorporate at least three of the following: a. Recession of entrance at least 2 feet from the building façade; b. Overhead projection (e.g. porch roof); DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 2 c. A sidelight window, adjacent window, or door with a window; d. At least one stair, up or down, from the pedestrian pathway; e. Paving material, texture, or pattern differentiated from the pedestrian pathway. 4) Stoops and patios: The side of a patio or stoop (when parallel to a sidewalk) taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area. 5) Private Outdoor Living Area Adjacent to a Street: Ground floor private outdoor living areas adjacent to a street shall not be permitted to be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent. 6) Housing Projects with a Single Primary Entry for Residents: Resident amenity space including but not limited to community rooms, gym or other active space for residents may be located on the ground floor facing the street if the project is designed with a single primary entrance into the site or building lobby for residents. Such spaces shall be subject to transparency requirements for ground floor residential uses pursuant to Section II(A)(1). D. Equipment Screening: Equipment including but not limited to electrical boxes, back- flow preventers or similar connections required to be located at the street-facing elevations shall be screening with landscape material, or painted to match adjacent building materials, as permitted. DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 3 II. Façades Design Intent To address the incorporation of architectural elements and features for visual interest, creating well-designed and coherent building façades with sufficient detail, relief and/or variation. Objective Design Standards A. Transparency: Street-facing façades shall incorporate glazing for at least 30 percent of the façade, inclusive of ground floor transparency. 1) Ground Floor Residential Uses: A minimum of 20% of each ground floor street- facing façade shall be transparent, measured between floor and ceiling height. B. Openings 1) Every room on an exterior wall shall contain an operable opening unless prohibited by Building Code or located within the Air Quality Assessment Zone. 2) Windows shall be recessed at least 2 inches from the face of the façade unless windows have an exterior shading device on a street facing façade. C. Materials 1) Material transitions shall occur at the inside corner of a plane change. When material changes occur in the same plane, projecting or recessed architectural elements shall be used to create a corner for material transition. 2) Drainage shall be routed away from the façade to prevent the staining of materials. 3) No foam materials shall be utilized. D. Roof Decks: Roof decks or portions of roof decks located within 12 feet of a residential zoning district shall be set back a minimum of 30 inches from the building edge. E. Fences & Walls: Fences and walls shall be made of prefinished materials except for foam, plastic, or vinyl. If the wall is constructed of concrete block, the wall shall be stacked bond or polished block. DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 4 III. Open Space Design Intent To provide a variety of open spaces that contribute enhanced livability by providing residents access to light and air as well as passive and active recreation. Common outdoor living areas typically consist of landscaped areas, landscaped courts, walks, patios, swimming pools, barbeque areas, playgrounds, turf, gardens, or other such improvements. Objective Design Standards A. Balconets: At least half of residential units without private outdoor living area shall have a balconet (e.g. Juliet balcony). The balconet is not required to allow residents to step beyond the façade; it may be a railing at the outer plane of a façade opening that extends to the floor. B. Common Outdoor Living Area 1) Open-to-the-sky: No more than 20 percent of Common Outdoor Living Area may be covered by occupied building space. 2) Landscaping: A minimum of 25 percent of each Common Outdoor Living Area 500 square feet or greater shall be planting area with a minimum length and wide of 30 inches. For Common Outdoor Living Area less than 500 square feet and greater than 100 square feet, a minimum of 10% shall be planting area. There shall be no requirement for spaces less than 100 square feet. 3) Trees: A minimum of one 24-inch box tree for every 500 square feet of Common Outdoor Living Area shall be planted within the Common Outdoor Living Area. At least 50 percent shall be shade trees. A shade tree shall be defined as a deciduous tree that provides relief from direct sunlight for at least six months. 4) Social Space: A minimum of one social space, either soft or hardscape, with a minimum dimension of 10 feet in each direction shall be provided for every 25 units. Each required Social Spaces shall incorporate one of the following amenities: a. Cooking facilities b. Edible gardens c. Pools and/or spas d. Water features e. Exercise space and/or equipment f. Play space and/or play equipment DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 5 5) Seating: A minimum of 1 seat per 200 square feet of Common Outdoor Living Area shall be provided with a minimum of four seats. Benches at least 48 linear inches in length may be calculated as 2 seats. At least 50% of required seating shall be arranged in groups of four or more seats. DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 6 IV. Parking Design Intent To reduce the visual impacts of above-grade parking. Objective Design Standards A. Design of Parking Entrances: Exterior building finishes shall wrap into parking entrances/exits for a minimum of 20 feet from the building façade. B. Screening of Structured Parking: Facades shall be screened with materials that are used elsewhere in the building design or may use any of the following materials: 1) At least 13-gauge metal; 2) Precast concrete panels; 3) Laminated glass; and/or 4) Green walls. DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285 Adopted and approved this 19th day of December, 2023. __________________________ Phil Brock, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11568 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 19th day of December, 2023, by the following vote: AYES: Councilmembers Torosis, Davis, Parra, Zwick Mayor Pro Tem Negrete, Mayor Brock NOES: None ABSENT: Councilmember de la Torre ATTEST: _____________________________________ Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285