SR 02-13-2024 10A
City Council
Report
City Council Meeting: February 13, 2024
Agenda Item: 10.A
1 of 9
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance
Extending Emergency Interim Zoning Ordinance Number 2772 (CCS)
Authorizing the Establishment by Resolution, of Objective Design Standards
for Qualifying Housing Projects that Elect to Use the Streamlined, Ministerial
Approval Process Established by Senate Bill 35.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3)(Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines;
2. Introduction and adoption of an Emergency Interim Zoning Ordinance extending
Emergency Interim Zoning Ordinance Number 2772(CCS) authorizing Council to
establish, by Resolution, objective design standards for housing projects that
qualify for the streamlined, ministerial approval process established by SB 35
housing projects.
Summary
On December 19, 2023, Council adopted Emergency Interim Zoning Ordinance 2772
(CCS) authorizing Council to establish, by Resolution, objective design standards for
housing projects that qualify for the streamlined, ministerial approval process
established by SB 35 housing projects. The adopted Emergency Interim Zoning
Ordinance (“EIZO”) includes objective design standards related to ground floor design,
facades and materials, open space, and parking screening that will apply exclusively to
qualifying SB 35 housing projects providing at least 50% of its units as affordable. SB
35 projects are provided streamlined review and are exempt from any discretionary
consideration, including ARB design review. These objective design standards are
10.A
Packet Pg. 482
2 of 9
intended to implement the City’s design principles for housing projects absent the
ARB’S review of qualifying SB 35 housing projects. The standards were developed with
a focus on practicality, constructability, and minimal additional cost so as not to create
barriers to housing production.
The emergency interim zoning ordinance became effective immediately upon its
adoption by Council on December 19, 2023 and is set to expire on February 19, 2024.
Council may extend the emergency interim zoning ordinance through February 19,
2029, allowing the IZO to be effective up to 60 months in accordance with SMMC
Section 9.46.090(C). Staff recommends extending the IZO for 24 months through
February 19, 2026. Staff will continue to evaluate objective design standards for
housing projects in the Bergamot Area Plan as part of the next phase of Housing
Element Program implementation efforts that will continue through 2024. Accordingly,
staff anticipates returning to the Council by Fall 2024 with additional zoning
amendments as required by the Housing Element, including permanent adoption of
these SB 35 objective design standards by resolution.
Staff recommends that the Council extend IZO 2772 (CCS) as adopted by the Council
on December 19, 2023 with no changes. Council would retain the authority to modify or
repeal the ordinance prior to February 2026 should it choose to do so.
Background
Senate Bill 35 (SB 35) was passed in 2017 by the California State Legislature and
signed into law; it was subsequently amended most recently by SB 423 in 2023. SB 35
provides qualifying housing projects the opportunity to opt-in to a streamlined approval
process in jurisdictions that have not adopted a compliant Housing Element or are not
meeting State-mandated housing production goals. Some of the preconditions include a
minimum percentage of affordable units, labor requirements and consistency with local
planning standards. Each year, the State Department of Housing and Community
Development (HCD) issues an SB 35 determination that indicates which cities are
subject to SB 35 (https://www.hcd.ca.gov/planning-and-community-
development/statutory-determinations).
10.A
Packet Pg. 483
3 of 9
On June 30, 2023, HCD determined that Santa Monica is subject to SB 35 for housing
projects that include more than 50% of their units as affordable units. This means that
Santa Monica fell behind on addressing lower-income housing needs for the 5th Cycle
Housing Element. SB 35 housing projects with more than 50% of their units as
affordable units are therefore eligible for a streamlined, ministerial review process that
does not require public hearings. As a result, the 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, 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; to eliminate conditions, structures,
or uses, which by reason of their effect tend to degrade the health, safety, or general
welfare of the community. Extending the subject IZO will ensure that the City will
continue to have objective design standards in place applicable to SB 35 projects,
should an applicant opt into using that process.
Similar to the City’s Administrative Approval (AA) process for housing projects, SB 35’s
streamlining process is available to qualifying projects if they meet certain criteria. A
comparison of the eligibility criteria for the SB 35 streamlining process as compared to
the City’s streamlined AA process is shown in the table below:
Table 1: Comparison of SB 35 Process vs City’s Streamlined Process for Housing Projects
SB 35 Streamlining Santa Monica AA Streamlining
Housing Project Type
At least 2 units - At least 2 units
- No more than 33% commercial - No more than 25% commercial
- At least 50% on-site affordable to low income
households
- At least 15% on-site affordable per AHPP evenly
distributed across all income categories
- Must be consistent with objective standards
(eligible density bonus/
incentives/concessions/waivers through State
Density Bonus Law (SDBL) permitted)
- Must be consistent with Zoning Ordinance. May
include a variance or modification (eligible density
bonus/incentives/concessions/waivers through
SDBL permitted)
Site Requirements
10.A
Packet Pg. 484
4 of 9
SB 35 Streamlining Santa Monica AA Streamlining
- No limit on site size - Cannot be on sites 1 acre or more
- Cannot be on a site:
• With prime farmland
• Designated as a hazardous waste site,
unless site cleared for residential use
• With a mobile home park
• With conservation areas/easement or
protected species
• With wetlands
• With a floodplain or floodway
• Within a designated very high fire hazard
severity zone
- No environmental site limitations
- Cannot demolish a historic structure - Cannot demolish a historic structure
Prevailing Wage and Labor Requirements
- Prevailing Wage required for projects that are both
11+ units and non-public work
- Skilled and trained workforce requirements for any
project over 85 feet in height
- Healthcare benefits must be provided for projects
with 50 units or more
- None
Tenant Protections
- Project cannot demolish units:
• Occupied by tenants within last 10 years
• Subject to affordable deed restriction
• Subject to any form of local rent or price
control
Consistent with SB 330 state requirements:
- Project cannot reduce the total number of dwelling
units on-site
- Project must replace protected units, which are
units:
• Occupied by low-income tenants within last 5
years
• Subject to affordable deed restriction
• Subject to any form of local rent or price control
• Subject to Ellis Act withdrawal in last 10 years
Source: HCD
Objective Design Standards (ODS) Program
On April 29, 2021, the City of Santa Monica was awarded a grant from the Southern
California Association of Governments (SCAG) through the SCAG Sustainable
Communities Program (SCP) program – Housing & Sustainable Development award,
which provides direct technical assistance to SCAG member jurisdictions on planning
and policy projects. The project seeks to help support participating cities with a greater
understanding of the role of objective development and design standards in increasing
housing production in Los Angeles County and throughout California. The project scope
includes permit streamlining assistance, an online cost estimator tool, and the
preparation of objective design standards. AECOM consultants have been assisting the
10.A
Packet Pg. 485
5 of 9
City on this ODS Project with technical assistance in preparing the proposed SB 35
objective design standards for Council’s consideration.
Staff and AECOM have been developing objective design standards based on the
public comments provided during the project’s initial outreach with the community, ARB,
and Planning Commission. Below is a brief overview of the public meetings held for the
ODS project to date:
• On August 22, 2022, the City hosted a virtual community workshop with
approximately 32 participants consisting of community members and
stakeholders and provided an introduction to the Objective Design Standards
project.
• On September 19, 2022, the Architectural Review Board held a study session on
the ODS program and discussed the design features and concepts the Board is
most interest in seeing developed in housing projects.
• On October 19, 2022, the Planning Commission held a study session on the
introduction of the ODS Program and discussed design principals most important
to the overall design of housing projects that should be evaluated as part of the
ODS project.
• On October 26, 2023, the City hosted a second virtual community workshop with
approximately 38 participants and discussed both SB 35 draft objective design
standards and potential BAP conceptual design standards.
• On November 6, 2023, the Architectural Review Board held a study session and
provided comments on the draft SB 35 design standards and conceptual BAP
design standards.
• On November 15, 2023, the Planning Commission held the first of two study
sessions on objective design standards. The Commission was presented with
and provided comments on draft SB 35 design standards that are the subject of
this Emergency IZO currently proposed for City Council consideration.
• On November 27, 2023, the City hosted a virtual community roundtable
discussion including architects and affordable housing providers on the draft SB
35 objective design standards, with a particular focus on whether the draft
10.A
Packet Pg. 486
6 of 9
standards would be workable and not present barriers to developing affordable
housing projects. Additional feedback received from affordable housing providers
during this session has been incorporated into the proposed IZO standards.
• On December 6, 2023, the Planning Commission held the second of two study
sessions on objective design standards. The Commission was presented with
and provided comments on an introduction to conceptual objective design
standards for the Bergamot Area Plan (BAP) that will be evaluated in 2024 for
possible adoption as part of Housing Element Program 1.E.
• On December 19, 2023, Council adopted Emergency Interim Zoning Ordinance
2772 (CCS) authorizing Council to establish, by Resolution, objective design
standards for housing projects that qualify for the streamlined, ministerial
approval process established by SB 35 housing projects.
The standards were developed with a focus on practicality, constructability , and minimal
additional cost so as not to create barriers to housing production.
Discussion
Proposed SB 35 Objective Design Standards
The proposed objective design standards for SB 35 housing projects are not intended to
replace existing development or objective design standards already in the zoning code.
Given that these standards apply only to SB 35 housing projects where more than 50%
of the units are deed-restricted affordable units, the following objectives guided the
creation of additional standards intended to replicate the ARB process:
• No replacement of existing objective design standards in zoning ordinance
already extensively discussed throughout Housing Element process
• Ensure that proposed standards are not a constraint on housing production
• Ensure that proposed standards are within the scope of what the Architectural
Review Board would typically review
10.A
Packet Pg. 487
7 of 9
The proposed SB 35 standards are based on common design-related issues that the
ARB often discusses during its review of housing projects. Also included are standards
that address recent changes in the zoning code for housing projects including the
removal of restrictions that will allow ground floor residential units in non-residential
districts. Additionally, in response to housing projects designing above-grade parking
levels to reduce the cost of providing typical subterranean-level parking in density bonus
projects, screening standards are proposed that seek to minimize its overall
appearance. These objective design standards are provided in Resolution No. 11568
(Attachment B).
Extension of Emergency Interim Zoning Ordinance 2772 (CCS)
Santa Monica is currently subject to SB 35 for qualifying housing projects with at least
50% affordable housing. Therefore, the proposed extension of Emergency Interim
Zoning Ordinance 2772 (CCS) will authorize Council to establish, by Resolution, the
objective design standards for housing projects that qualify for and elect to use the
streamlined, ministerial approval process established by SB 35. Resolution No.11568
as adopted by Council on December 19, 2023 establishing the objective design review
standards that will be applicable to qualifying projects will be maintained and unchanged
as adopted. While staff has conducted multiple study sessions and community
engagement on the proposed standards, the EIZO and Resolution allow the SB 35
objective design standards to be revisited for improvements upon further evaluation as
necessary.
Because housing projects that opt in to the streamlined, ministerial approval process
are only reviewed against objective design standards (in addition to compliance with
other development standards) and are not subject to the City’s standard architectural
review process, without objective design standards in place, housing projects could be
approved without any design review that is intended to promote the public health,
safety, and general welfare of the community.
10.A
Packet Pg. 488
8 of 9
Environmental Analysis
The proposed approval of the EIZO extending the interim zoning ordinance that creates
the mechanism to establish objective design standards for qualifying SB 35 projects is
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption).
Based on the evidence in the record, it can be seen with certainty that there is no
possibility that the proposed interim ordinance may have a significant effect on the
environment. The proposed ordinance is administrative and regulatory in nature in that it
creates the mechanism to establish objective design standards by resolution to ensure
that future SB 35 projects will be subject to design review consistent with SB 35. The
extension of the interim zoning ordinance would not alter development standards for
housing projects previously analyzed as part of the 2021-2029 6th Cycle Housing
Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was
certified by Council on October 12, 2021, with an Addendum to the EIR approved on
October 11, 2022. Therefore, no further environmental review under CEQA is required.
Past Meetings
Meeting Date Description
12/19/23 Introduction and adoption of an Emergency Interim Zoning
Ordinance authorizing Council to establish, by Resolution, objective
design standards for housing projects that qualify for the
streamlined, ministerial approval process established by SB 35
housing projects
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will return to Council if specific budget actions are required
in the future.
10.A
Packet Pg. 489
9 of 9
Prepared By: Steve Mizokami, Principal Planner
Approved
Forwarded to Council
Attachments:
A. ODS Emergency IZO Extension Ordinance
B. Resolution No.11568 (CCS) (12-19-23)
C. Council Staff Report ODS (12-19-23) - Web Link
10.A
Packet Pg. 490
1
City Council Meeting: February 13, 2024 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
INTRODUCTION AND ADOPTION OF AN EMERGENCY INTERIM ZONING
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
EXTENDING EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2772 (CCS)
AUTHORIZING THE ESTABLISHMENT, BY RESOLUTION, OF 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-in to 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 a 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 (“APR”)
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
10.A.a
Packet Pg. 491 Attachment: ODS Emergency IZO Extension Ordinance [Revision 1] (6224 : Extension of Interim Zoning Ordinance for Objective Design
2
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
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, because the City was not subject to SB 35 prior to June 2023, the
City, prior to the adoption of Emergency Interim Zoning Ordinance 2772, had no objective
design standards in place for projects that qualify for and opt into the SB 35 process; and
WHEREAS, without objective design standards, projects could be approved
without any design review intended to promote the health, safety, and general welfare of
the community; and
WHEREAS, on December 19, 2023, City Council adopted Emergency Interim
Zoning Ordinance (IZO) No. 2772, which ensured that objective design standards were
immediately in effect upon adoption of the IZO while allowing flexibility for the objective
10.A.a
Packet Pg. 492 Attachment: ODS Emergency IZO Extension Ordinance [Revision 1] (6224 : Extension of Interim Zoning Ordinance for Objective Design
3
design standards to be revisited for improvements upon further evaluation as necessary;
and
WHEREAS, IZO No 2772 is set to expire on February 19, 2024, and the City
Council desires to extend it for 24 months in accordance with SMMC 9.46.090(C), with a
new expiration date of February 19, 2026, to allow adequate time for staff to continue to
evaluate objective design standards for eligible housing projects as part of the next phase
of Housing Element Program implementation efforts that will continue through 2024; and
WHEREAS, staff anticipates returning to City Council by Fall 2024 with additional
zoning amendments as required by the Housing Element, including permanent adoption
of the SB 35 objective design standards; and
WHEREAS, the proposed extension would not preclude Council from revisiting the
IZO prior to its expiration for any amendments to the IZO or to repeal it at any time; and
WHEREAS, the City Council finds and declares that there continues to exist a
current and immediate threat to the public health, safety, and general welfare due to the
current lack of permanent comprehensive objective design standards for common design
issues in housing projects eligible for SB 35 streamlining, which are otherwise exempt
from discretionary design review, such that failure to approve the extension of this IZO,
and allow for the continued adoption of objective design standards for eligible projects by
resolution, would result in a threat to public health, safety, and welfare because no
applicable design standards would be in place should an eligible project elect SB 35
streamlined review.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
10.A.a
Packet Pg. 493 Attachment: ODS Emergency IZO Extension Ordinance [Revision 1] (6224 : Extension of Interim Zoning Ordinance for Objective Design
4
SECTION 1. The Santa Monica Municipal Code Section 9.31.195 is hereby
amended to read as follows:
§ 9.31.195 Multiple-Unit Dwelling Projects.
The purpose of this Section is to establish requirements for multiple-unit dwelling projects;
however, 100% affordable housing projects are exempt from subsections (A) and (B) of
this Section.
A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the
requirements set forth below, except Tier 2 projects shall comply with
Section 9.23.030(A)(2).
1. For market rate units:
a. At least 10% of the units shall be three-bedroom units;
b. At least 10% of the units shall be two-bedroom units;
c. No more than 15% of the units shall be studio units.
2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable
Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the
requirements and procedures for Waivers in Chapter 9.43.
B. Transportation Demand Management. Multiple-unit dwelling projects that meet the
applicability established in Section 9.53.030 shall include the following Transportation
Demand Management measures in addition to those required by Chapter 9.53,
Transportation Demand Management:
1. For nonresidential components of projects, provide the following:
10.A.a
Packet Pg. 494 Attachment: ODS Emergency IZO Extension Ordinance [Revision 1] (6224 : Extension of Interim Zoning Ordinance for Objective Design
5
a. A transportation allowance equivalent to at least 75% of the cost of a
monthly regional transit pass, in accordance with Section
9.53.130(B)(2)(b)(viii).
b. Bike valet, free of charge, during all automobile valet operating hours.
2. For residential components of projects, provide a transportation allowance
equivalent to at least 75% of the cost of a monthly regional transit pass, in
accordance with Section 9.53.130(B)(2)(c)(iv).
C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality
Assessment Zone shall be required to prepare a technical memorandum that describes
the effectiveness of design features to reduce exposure to diesel particulate matter (DPM)
as a part of the early project design process. Such memorandum shall be submitted at
the time of project application and shall be subject to review and approval by the Director
prior to project approval.
D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all
applicable residential unit replacement requirements, including, but not limited to,
Government Code Section 66300(d) and State Density Bonus law.
E. Objective Design Standards for Streamlined, Ministerial Approval Process
Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to
use the streamlined, ministerial approval process established by Senate Bill 35 (SB 35),
and set forth in Government Code Section 65913.4, shall be required to comply with
objective design review standards, which may be established by resolution of the City
Council.
10.A.a
Packet Pg. 495 Attachment: ODS Emergency IZO Extension Ordinance [Revision 1] (6224 : Extension of Interim Zoning Ordinance for Objective Design
6
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Emergency Interim Zoning Ordinance, to
the extent of such inconsistencies and no further, is hereby repealed or modified to that
extent necessary to effect the provisions of this Emergency Interim Zoning Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Emergency Interim Zoning Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Emergency Interim Zoning
Ordinance. The City Council hereby declares that it would have passed this Emergency
Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Emergency Interim Zoning Ordinance. The City Clerk shall cause the same to be
published once in the official newspaper within 15 days after its adoption. This
Emergency Interim Zoning Ordinance shall be effective immediately and shall be of
no further force and effect as of February 19, 2026.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.A.a
Packet Pg. 496 Attachment: ODS Emergency IZO Extension Ordinance [Revision 1] (6224 : Extension of Interim Zoning Ordinance for Objective Design
1
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
10.A.b
Packet Pg. 497 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 498 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 499 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 500 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
EXHIBIT A
DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285
10.A.b
Packet Pg. 501 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
SB 35 Objective Design Standards
December 2023 | Final
DocuSign Envelope ID: 74F81C8B-0D81-42BE-B0D4-457DACFD3285
10.A.b
Packet Pg. 502 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 503 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 504 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 505 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 506 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 507 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 508 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35
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
10.A.b
Packet Pg. 509 Attachment: Resolution No.11568 (CCS) (12-19-23) (6224 : Extension of Interim Zoning Ordinance for Objective Design Standards for SB35