SB35 Objective Design
Standards Emergency IZO
City Council
December 19, 2023
Agenda
1. SB35 Overview
2. Update on RHNA Progress
3. HCD’s SB35 Determination
4. Proposed SB35 Objective Design Standards
5. Recommendation
What is SB35?
• Passed as part of 2017 housing package
• Amended by SB423 in 2023
• Created ministerial approval process for qualifying projects in cities not meeting State mandates for housing production • Applicants must opt-in to the SB35 approval process
• Design review must only be through objective design standards What is SB35?
• Determination by HCD as to whether cities are subject to SB35
• Applies to cities that don’t meet RHNA goals for above-moderate income housing and lower-income housing
• Applies to cities that don’t have compliant Housing Element • June 30, 2023 HCD determined Santa Monica met marketrate production but fell short on affordable unit production • Santa Monica subject to SB35 for qualifying housing projects containing at least 50% affordable units
Update on RHNA Progress – 5
th Cycle
• HCD bases determination on 2 factors:
• Has latest Annual Progress Report been submitted?
• Has the jurisdiction made sufficient progress towards RHNA or prorated RHNA? • Santa Monica’s determination will only change at mid-point of 6th Cycle RHNA (2025) SB 35 Reporting Period defined
as either:
“Prorated RHNA” = halfway
through Housing Element cycle
or
“RHNA” = completion of
Housing Element cycle
SB35 Streamlining vs. Santa Monica AA Process
SB35 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
incentives/concessions/waivers through SDBL
permitted)
Must be consistent with Zoning Ordinance. May
include a variance or modification (eligible
incentives/concessions/waivers through SDBL
permitted)
SB35 Streamlining vs. Santa Monica AA Process
SB35 Streamlining Santa Monica AA Streamlining
Site Requirements
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 SB35 Streamlining vs. Santa Monica AA Process
SB35 Streamlining Santa Monica AA Streamlining
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
SB35 Streamlining vs. Santa Monica AA Process
SB35 Streamlining Santa Monica AA Streamlining
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 SB330 state requirements:
• Project cannot reduce the total number of dwelling
units on-site
• Project must replace protected 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
Looking Ahead: 6th Cycle RHNA Progress
Approved Pending
In construction*
(counts towards 6th
Cycle)
RHNA Remaining
Above Moderate 1,831 2,353 589 2,727 (2,046)
Very Low Income 283 198 128 2,794 2,185
Low Income 152 80 28 1,672 1,412
Moderate 112 32 68 1,702 1,490
Total # of Units 2,378 2,663 813 8,895 3,041
Data as of November 2023
*Includes building permits obtained after April 1, 2021 Note: Excludes projects submitted under Builder’s Remedy What does SB35 Mean for Design Review?
• Applicants of housing projects with at least 50% affordable units that choose to file SB35 application
• Accomplish design review only through objective standards (i.e. no ARB review)
• All existing zoning standards still apply
• What about other housing projects that are not filed as SB35 projects?
• Still subject to the City’s existing review procedures, which includes ARB design review
SB35 Objective Design Standards
Key Considerations
• No replacement of existing zoning ordinance standards already discussed throughout Housing Element process
• Ensure that proposed standards are not constraint on
housing production
• Ensure proposed standards are within scope of design
review
SB35 Objective Design Standards
• Would apply to SB35 projects that provide at least 50% affordable units
• Standards organized into following categories:
Ground Floor
Elements
Entrances
Facades
Transparency
Materials
Open Space
Landscaping
Social Space
Parking
Entrances
Screening
SB35 ODS – Ground Floor Design
• Housing projects will consist of mix of street-facing commercial and residential uses or potentially residential on the ground floor • Foster active and engaging pedestrian experience
• Enable sufficient visual interest on the ground floor • New allowance for ground floor residential uses – require engagement with the street
Ground Floor Standards
Design Intent
Ground Floor Standards
Horizontal Elements
Buildings with a ground floor of 15 feet or greater shall incorporate a horizontal element between 9 and 14 feet above sidewalk elevation for a minimum of 30% of building frontage.
Horizontal elements can consist of design features like awnings, canopies, a signage band or architectural projection.
Design features like
awnings, signage
bands and
architectural
elements all help
maintain a human
scale with taller
ground floors
Non-residential entrances:
Street-facing façades shall provide a minimum
of one entrance for each street frontage that
opens onto the sidewalk.
Entrances shall be articulated with a design
element such as a canopy, awning, signage
band, porch or recessed entry.
Recessed entries and signage bands being used to
articulate entrances, helping orient the building to the street and differentiate the entrance from the rest of
the facade
Ground Floor Standards
Commercial Entrances
Street-Facing Residential Units:
Ground floor residential units shall have either an entrance or Private Outdoor Living Area facing the street.
Entrances shall also:
a) Have a minimum 3-foot covered landing area
b) Include 3 of the following:
• recessed entry
• overhead projections
• sidelight windows
• one stair up or down
• paving differentiation from the pedestrian sidewalk
Ground floor units with direct access
to the street promote an active and
comfortable pedestrian environment.
Ground Floor Standards
Residential Unit Entrances
Ground Floor may include Residential Amenity Space:
• Community Rooms
• Active Space for Residents
• Exercise Facilities For Residents
Ground Floor Standards
Single Primary Entrances
Affordable Housing Projects:
Common Single Entry
into Complex
Projects Designed
with a Single Entry
into a Building:
Residential Lobby or
Internal Courtyard
Allows Flexibility for
Affordable Housing
Projects based on
Resident Services &
Programming
Transparency:
Street-facing façades will incorporate glazing for at least 30 percent of the façade.
a. Every room on an exterior wall will contain an operable window or opening (as allowed by law)
b. Windows will be recessed at least 2 inches from the face of the façade unless windows include an exterior
shading device.
Materials:
Changes in Material: transitions will occur at the inside corner of a plane change.
Fences & Walls at the Sidewalk:
a. Max Height: 5’-0”
b. Any portion above 3’-6” will be 50% Visually Transparent A mixed-use building using color and materials to correspond to variations in building plane
Facade Standards
Transparency & Materials
SB35 ODS – Open Space, Facades, Parking
Open Space
• Provide a variety of open spaces that enhanced livability by residents:
➢ Light & Air | Passive & Active Recreation
Facades
• Incorporate architectural elements, materials, and features:
➢ Visual Interest | Building Variation | Coherent Facades Parking Façade Screening
• Reduce the visual impacts of above-grade parking floors:
➢ Facades will be screened & incorporated into the overall building design Open Space Facades Parking Standards
Design Intent
Juliet balconies:
At least half of residential units without
private outdoor living area shall have a
Juliet balcony.
Photo source: City of San Francisco Planning, via Zillow.
Juliet balconies and
roof decks provide
additional access to the
outdoors for units that
don’t have full
balconies
Open Space
Roof Decks & Juliet Balconies
Roof decks: Roof decks located within 12
feet of a residential zoning district shall be
set back a minimum of 30 inches from the
building edge.
Open-to-the-sky:
A maximum 20% of Common Outdoor Living Area may be
covered by a building.
Landscaping:
A minimum of 25% of Common Outdoor Living Area to be
planted materials
Trees:
Minimum of 1 tree required per 500 SF of Common Outdoor Area: 50% shall be shade trees defined as a deciduous tree providing relief from direct sunlight 6 mos./year
Social space:
Requirement for seating and one amenity (i.e water features, play space, furniture) to be provided.
Seating:
Minimum of 1 seat per 200 SF of seating is required and 50% shall be arranged to be arranged in groups.
Courtyards providing
social space for
residents
Open Space
Common Space & Design
Courtyards providing
social space for
residents
Open Space
Common Space & Design
Social space: A minimum of one social space,
either soft or hardscape, with a minimum
dimension of 10 feet in each direction will be
provided for every 25 units. Each required
Social Spaces will incorporate one of the
following amenities:
• Cooking facilities
• Edible gardens
• Pools and/or spas
• Water features
• Exercise space and/or equipment
• Play space and/or play equipment
A garage
entrance well
integrated into
the design
A garage
entrance that has
not been well
integrated into
the design
Several floors of above-grade parking properly screened & integrated into the design
Parking
Entrances & Screening
Design of Parking Entrances:
Finishes shall wrap into parking entrances/exits.
Screening of Structured Parking:
Facades shall be screened with materials that are
used elsewhere in the building design.
Recommendation
1. CEQA: make finding of no significant effect pursuant to Section 15061(b)(3)
2. Introduce & Adopt Emergency Interim Zoning Ordinance
3. Adopt Resolution establishing objective design standards for qualifying SB 35 housing projects
ARB Study Session Comments
• Overall approach to ensure that standards do not add cost to housing projects with more than 50% affordable
• Consider applying requirements only on elevations that face a public street with lesser requirements on other elevations • Ground Floor
• Residential entries should be provided when units face the street • Consider standards that require windows or appropriate glazing for ground floor units facing the street
• Address how to incorporate mechanical equipment required to be placed on street elevations where there is no rear alley • Allow flexibility for equipment to be exempt from glazing/blank wall percentages
Planning Commission Study Session Comments
• Façade
• Consider 2-inch window surrounds to support flexibility for wider variety of window types
• Maintain option for either shading device or 2-inch surround for windows • Open Space
• Define Juliet balconies based on intent to improve cross ventilation and for design interest on the façade
• Further define social space amenities to ensure social space meets design intent
• Scale number of social space amenities based on total number of residential units
Affordable Housing Roundtable Comments
Flexibility in Design Standards Based on Resident Programming:
• Flexibility in ground floor layout & design for housing projects • Allow options for either street facing residential units or a single common entry into project site.
• Common open space