Santa Monica City Council
April 23, 2024

SECTION 1. Purpose
It is the purpose and intent of this Ordinance to adopt the 2022 California Green Building Standards Code (Title 24, Part 11), along with local modifications and changes that provide local standards that apply to plain and reinforced concrete installed in certain projects within City of Santa Monica to reduce greenhouse gas emissions.

SECTION 2. Chapter 8.106 of the Santa Monica Municipal Code is hereby amended to read as follows:

8.106.010. Adoption.

That certain document entitled "California Green Building Standards Code, 201922 Edition," as published by the California Building Standards Commission, is hereby adopted as the Green Building Standards Code of the City of Santa Monica.

8.106.020. Local amendments to the California Green Building Standards Code.

Notwithstanding any provisions of the 201922 California Green Building Standards Code, 201922 California Energy Code, or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply. § 8.106.050. Additional definitions.

In addition to definitions set forth in Section 202 of the 2019 California Green Building Standards Code, the following definitions shall apply:

Major addition.

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Packet Pg. 1007 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 4 The addition to any building of either: (1) an additional story; or (2) additional floor area equal to or greater than fifty percent of the building's existing floor area prior to the addition.

Sustainability.

Consideration of present development and construction impacts on the community, the economy, and the environment without compromising the needs of the future.

Unshaded area.

Area(s) where light emittance from the sun is unobstructed by fixed objects during the majority of daylight hours between March 21st and September 21st. § 8.106.053Green building.

Section 301.1.1 of the 2019 California Green Building Standards Code is amended to read as follows:
301.1.1 Additions and Alterations. With the exception of Sections 4.201.4 and

4.201.5, which apply only to major additions to one-, two-, and multi-family dwellings (three stories or less), the mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings. The requirements shall apply only to and/or within the specific area of the addition or alteration.

8.106.070Flashing details.

Section 4.407.1 of the 2019 California Green Building Standards Code is amended to read as follows:

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Packet Pg. 1008 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 5 4.407.1 Flashing Details. Provide flashing details on the building plans which comply with accepted industry standards or manufacturer's instructions. Details are shown on the house plans at all of the following locations:

1. windows and doors.

2. Roof valleys.

3. Deck connections to the structure.

4. Roof-to-wall intersections.

5. Chimneys to roof intersections.

6. Drip caps above windows and doors with architectural projections.

7. Other locations as identified by the Building Officer. § 8.106.080 Non-residential, high-rise residential, hotel and motel solar and pool heating requirements.

Section 5.201 of the 2022 California Green Building Standards Code is amended to read as follows:

5.201.3 Pool Heating—Non-Residential, High-Rise Residential, and Hotel and Motel Buildings.,
(a), For new pool construction, if the pool is to be heated, an electric heat pump water heater or a solar thermal system shall be used for such heating.

5.201.4 Solar Photovoltaic Installation Requirements for Major Additions to NonResidential, High-Rise Residential, and Hotel and Motel Buildings.,

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Packet Pg. 1009 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 6 (a), All major additions to non-residential, high-rise residential, and hotel and motel buildings are required to install a solar electric photovoltaic (PV) system. The PV system installed must have a minimum total wattage 2.0 times the square footage of the footprint of the addition (2.0 watts per square foot).
(b), The requirements of this Section shall be waived or reduced, by the minimum extent necessary, where: (i) production of electric energy from solar panels is technically infeasible due to lack of available and feasible unshaded areas; (ii) the PV system size required is less than 1,200 watts DC; or (iii) the dwelling has an existing functioning gridtied PV system meeting the electrical utility's interconnection requirements. (c), The requirements of this Section shall take priority if there is a conflict between compliance with Section 5.201.3 through use of a solar thermal system and compliance with this Section.

SECTION 3. Section 8.106.130 of the Santa Monica Municipal Code is hereby added to read as follows:

8.106.130 Reduction in cement use.

8.106.130.1 Adoption of Local Amendments.

That certain document entitled “California Green Building Standards Code, 2022 Edition,” as published by the California Building Standards Commission, is hereby amended with the following local amendments:

8.106.130.2 Definitions.

Unless defined herein, all defined terms shall be those found in the 2022 California Green Building Standards Code.

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Packet Pg. 1010 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 7 For the application of this section the following definitions shall apply:

Cement Limit: The maximum allowed amount of Cement in concrete at specified compressive strengths measured in pounds per cubic yards and listed on concrete mixdesigns.

Concrete: Concrete is any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code.

Environmental product declaration (EPD): EPDs present quantified environmental information on the life cycle of a product to enable comparisons between products fulfilling the same function. EPDs must conform to ISO 14025, and EN 15804 or ISO 21930, and have at least a "cradle to gate" scope (which covers product life cycle from resource extraction to the factory).

High Early Strength Cement: Defined as cement used to produce concrete with the compressive strength shown on submitted building plans within 12 hours.

Newly-Constructed Building: “Newly-constructed building” means a new structure that has never before been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined Santa Monica Municipal Code Section 9.25.030 (A.1) or (A.2).

8.106.130.3 - Scope.

The requirements of this Chapter shall apply to all Newly Constructed Buildings and swimming pools and spas as provided in Section 8.106.130.1 for which a building permit for construction is issued on or after 30 days following the second reading of this

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Packet Pg. 1011 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 8 ordinance. Projects that do not meet the thresholds requiring plan review, as determined by the Building Officer, shall be exempt from this ordinance.

8.106.130.3-California Building Standards Code amendments.

Section 1901.2 of the 2022 California Building Code is hereby amended as follows:

Structural concrete shall be designed and constructed in accordance with the requirements of this chapter and ACI 318 as amended in Section 1905 of this code and Santa Monica Municipal Code Chapter 8.106.130. Except for the provisions of Sections 1904 and 1907, and other than compliance with Santa Monica Municipal Code Section

8.106.130, the design and construction of slabs on grade shall not be governed by this chapter unless they transmit vertical loads or lateral forces from other parts of the structure to the soil.

Section R402.2.1 of the 2022 California Residential Code is hereby amended as follows:

R402.2.1 Materials for concrete. Materials for concrete shall comply with the requirements of Section R608.5.1, as amended by Santa Monica Municipal Code Section

8.106.130.

Section R404.1.3 of the 2022 California Residential Code is hereby amended as follows:

R404.1.3 Concrete foundation walls. Concrete foundation walls that support lightframe walls shall be designed and constructed in accordance with the provisions of this section, ACI 318, ACI 332, or PCA 100, as amended by Santa Monica Municipal Code

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Packet Pg. 1012 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 9 Section 8.106.130. Concrete foundation walls that support above-grade concrete walls that are within the applicability limits of Section R608.2 shall be designed and constructed in accordance with the provisions of this section, ACI 318, ACI 332, or PCA 100, as amended by Santa Monica Municipal Code Section 8.106.130. Concrete foundation walls that support above-grade concrete walls that are not within the applicability limits of Section R608.2 shall be designed and constructed in accordance with the provisions of ACI 318, ACI 332, or PCA 100, as amended by Santa Monica Municipal Code Section

8.106.130. Where ACI 318, ACI 332, PCA 100 or the provisions of this section, as amended by Santa Monica Municipal Code Section 8.106.130, are used to design concrete foundation walls, project drawings, typical details and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise required by the state law of the jurisdiction having authority.

Section R506.1 of the 2022 California Residential Code is hereby amended as follows:

R506.1 General. Concrete slab-on-ground floors shall be designed and constructed in accordance with the provisions of this section or ACI 332, as amended by Santa Monica Municipal Code Section 8.106.130. Floors shall be a minimum 3 1/2 inches (89mm) thick (for expansive soils, see Section R403.1.8). The specified compressive strength of concrete shall be as set forth in Section R402.2.

Section R608.5 of the 2022 California Residential Code is hereby amended as follows:

R608.5 Materials. Materials used in the construction of concrete walls shall comply with this section, as amended by, Santa Monica Municipal Code Section 8.106.130.

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Packet Pg. 1013 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 10 Section 301 of the 2022 California Green Building Standards Code is hereby augmented with the following:
301.6 Low-carbon concrete requirements for all projects. Plain and reinforced concrete installed as part of any project subject to the application of this code shall demonstrate compliance with the requirements of Santa Monica Municipal Code Section

8.106.130, the full text of which is herein added to this code by reference.

Section 5.409.3 Product GWP compliance – prescriptive path of the California Green Building Standards Code is hereby adopted and amended as follows:

5.409.3 Product GWP compliance – prescriptive path. Each product that is permanently installed and listed in Table 5.409.3 shall have a Type III environmental product declaration (EPD), either product-specific or factory-specific. All concrete must comply with section 5.409.3.2.

TABLE 5.409.3

PRODUCT GWP LIMITS
Buy Clean California
Materials Product
Category 1
Maximum acceptable
GWP value
(unfabricated)
(GWP allowed)
Unit of Measurement
Hot-rolled structural
steel sections

1.77 MT CO2e/MT
Hollow structural
sections

3.00 MT CO2e/MT
Steel plate 2.61 MT CO2e/MT

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Packet Pg. 1014 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 11 Concrete reinforcing
steel

1.56 MT CO2e/MT
Flat glass 2.50 kg CO2e/MT
Light-density mineral
wool board insulation

5.83 kg CO2e/1 m2
Heavy-density mineral
wool board insulation

14.28 kg CO2e/1 m2
Concrete, Ready-Mixed 2, 3
Concrete Product
Category
Maximum GWP
allowed value
(GWP allowed)
Unit of Measurement
up to 2499 psi 450 kg CO2e/m3
2500-3499 psi 489 kg CO2e/m3
3500-4499 psi 566 kg CO2e/m3
4500-5499 psi 661 kg CO2e/m3
5500-6499 psi 701 kg CO2e/m3
6500 psi and greater 799 kg CO2e/m3

Concrete, Lightweight Ready-Mixed 2
CConcrete Product
Category
Maximum GWP
allowed value (GWP
allowed)
Unit of Measurement
up to 2499 psi 875 kg CO2e/m3
2500-3499 psi 956 kg CO2e/m3
3500-4499 psi 1,039 kg CO2e/m3
Footnotes:

1. The GWP values of the products listed in Table 5.409.3 are based on 175 percent of Buy Clean California Act (BCCA) GWP values, except for concrete products which are not included in BCCA.

2. For concrete, 175 percent of the National Ready Mix Concrete Association (NRMCA) 2022 version 3 Pacific Southwest regional benchmark values are used for the GWP allowed, except for High Early strength.

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Packet Pg. 1015 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 12 3. Concrete High Early Strength ready-mixed shall be calculated at 130 percent of the Ready mixed concrete GWP allowed values for each product category.

Notation:

Authority: Health and Safety Code Section 18930.5
Reference(s): Health and Safety Code Section 18930.5

5.409.3.1 Products shall not exceed the maximum GWP value specified in Table

5.409.3.

Exception: Concrete may be considered one product category to meet compliance with this section. A weighted average of the maximum GWP for all concrete mixes installed in the project shall be less than the weighted average maximum GWP allowed per Table 5.409.3 using Exception Equation 5.409.3.1. Calculations shall be performed with consistent units of measurement for the material quantity and the GWP value. For the purposes of this exception, industry wide EPD’s are acceptable.

Exception EQUATION 5.409.3.1
GWPn < GWPallowed
where
GWPn = Σ (GWPn)(vn) and GWPallowed = Σ (GWPallowed)(vn) and
n = each concrete mix installed in the project
GWPn = the GWP for concrete mix n per concrete mix EPD, in kg CO2e /m3 GWPallowed = the GWP potential allowed for concrete mix n per Table 5.409.3 vn = the volume of concrete mix n installed in the project, in m3

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Packet Pg. 1016 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 13 5.409.3.2. Verification of compliance. Calculations to demonstrate compliance, Type III EPDs for products required to comply if included in the project, and Worksheet WS-5 signed by the design professional of record shall be provided on the construction documents. Updated EPDs for products used in construction shall be provided to the owner at the close of construction and to the enforcement entity upon request. The enforcing agency may require inspection and inspection reports in accordance with Sections 702.2 and 703.1 during and at completion of construction to demonstrate substantial conformance. Inspection shall be performed by the design professional of record or third party acceptable to the enforcing agency.

5.409.3.2 Reduction in cement use requirements.

All plain and reinforced concrete installed in residential and non-residential Newly Constructed Buildings and swimming pools and spas as provided in Section 8.106.130.1 for which a building permit for construction is issued on or after 30 days after the second reading of this ordinance shall comply with Section 5.409.3 to reduce embodied carbon in concrete. Projects that do not meet the thresholds requiring plan review, as determined by the Building Officer, shall be exempt from this ordinance.

5.409.3.2.1.

Products shall comply with the requirements for product GWP or Cement Limit performance in accordance with Section 5.409.3 using the maximum acceptable GWP or Cement Limit value for the product category listed in Table 5.409.3.5.

5.409.3.3 Project Based Compliance:

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Packet Pg. 1017 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 14 A weighted average of the maximum GWP or Cement Limit for all concrete mixes installed in the project shall be less than the weighted average maximum GWP or Cement Limit allowed per Table 5.409.3.5 using Project Based Equation 5.409.3.3A or 5.409.3.3B Calculations shall be performed with consistent units of measurement for the material quantity and the GWP or Cement Limit value. For the purposes of this exception, industry wide EPD’s are acceptable.

Project Based GWP Equation 5.409.3.3A
GWPn < GWP allowed
where
GWPn = Σ (GWPn)(vn) and GWP allowed = Σ (GWP allowed)(vn) and
n = each concrete mix installed in the project
GWPn = the GWP for concrete mix n per concrete mix EPD, in kg CO2e /m3 GWP allowed = the GWP potential allowed for concrete mix n per Table 5.409.3.5 vn = the volume of concrete mix n installed in the project, in m3 Project Based Cement Limit Equation 5.409.3.3B
Cem proj < Cem allowed
where
Cem proj = ΣCem n v n and Cem allowed = ΣCem lim v n
and

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Packet Pg. 1018 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 15 n = the total number of concrete mixtures for the project Cem n = the cement content for mixture n , kg/m 3 or lb/yd 3 Cem lim = the maximum cement content for mixture n per Table 5.409.3.5 kg/m 3 or lb/yd 3
v n = the volume of mixture n concrete to be placed, yd 3 or m 3 Applicant can use yd 3 or m 3 for calculation, but must keep same units throughout

5.409.3.4. Verification of compliance.

Calculations to demonstrate compliance, Type III EPDs for products required to comply if included in the project, or Mix Designs showing the cement content, and the Acknowledgement Worksheet signed by the design professional of record shall be provided on the construction documents. Updated EPDs or Mix Designs for products used in construction shall be provided to the owner at the close of construction and to the City.

The City requires inspection and inspection reports in accordance with Sections 702.2 and 703.1 during and at completion of construction to demonstrate substantial conformance. Inspection shall be performed by the design professional of record or third party acceptable to the City
TABLE 5.409.3.5
Concrete GWP and Cement Limits
Note: Acceptable supplementary cementitious materials used to replace cement in concrete mix designs include but are not limited to:

1. Fly ash conforming to ASTM C618.

2. Slag cement (GGBFS) conforming to ASTM C989.

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Packet Pg. 1019 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 16 3. Silica fume conforming to ASTM C1240.

4. Natural pozzolan conforming to ASTM C618.

5. Blended supplementary cementitious materials conforming to ASTM C1697.

6. Ultra-fine fly ash (UFFA) conforming to ASTM C618.

7. Metakaolin conforming to ASTM C618.

8. Ground-glass pozzolan per ASTM C1866/C1866M.

9.Other materials with comparable or superior environmental benefits, as approved by the Engineer of Record and enforcing authority.

Concrete, Ready-Mixed
Cement Limits Global Warming Potential
(GWP) Limits
Minimum specified 28 day
compressive strength f’c, psi
Maximum cement
content, lbs/yd3
Maximum Global Warming
Potential (GWP) kg CO2e/m3
up to 2500 362 260
3000 410 289
4000 456 313
5000 503 338
6000 531 356
7000 594 394
7001 and higher 657 433
up to 2499 light weight 512 500
Up to 3499 light weight 571 546
Up to 4499 light weight 629 594
Notes
(1) For concrete strengths between the stated values, use linear interpolation to determine cement and/or GWP limits.
(2) Cement of any type per ASTM C150, ASTM C595.
(3) Project applicants can choose to comply using the Maximum Cement limits OR the Maximum Global Warming Potential limits.

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Packet Pg. 1020 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 17 5.409.3.6 Allowable Increases.

1. Cement or GWP limits shown in Table 5.409.3.5 can be increased by 30% for concrete demonstrated in writing to the Building Official or for Public Works Projects, the City Engineer, as requiring high early strength. Such concrete could include precast, prestressed concrete; beams and slabs above grade; shotcrete; and other applications as demonstrated in writing by the Professional Engineer or other licensed professionals.

2. Approved Cements. The industry-average EPD describing Portland cements produced in the United States by the Portland Cement Association, certified by ASTM, lists a Portland cement global warming potential of 922 kg CO2e/metric ton. If your plant specific EPD for a cement or blended cement, demonstrated to the Building Official by an approved EPD, is lower than 922 kg CO2e/metric ton an increase in cement is allowed (e.g. use of ASTM 595 Type 1L Cement). The maximum cement content may be increased above the compliance level in Table 5.409.3.5 proportionate to the percentage difference in GWP of the plant specific EPD and the industry-average 922 kg CO2e/metric ton.

Formula: 922 – Plant Specific GWP = Difference
Difference/922 = Percent Allowable Increase
For example: A plant specific EPD of 900 kg CO2e/metric ton could allow up to a 2% increase in allowable cement.
922– 900 = 22
22/922 = 0.02.

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Packet Pg. 1021 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 18 5.409.3.7 Exemptions.

If an applicant for a project subject to this chapter believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this chapter, the applicant may request an exemption in writing to the building department or Public Works (for City project or work within the Public Right of Way). In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. Circumstances that constitute hardship or infeasibility may include:
• There is a lack of commercially available material necessary to comply with this chapter. Applicant must provide written notice from at least two local concrete suppliers that there is a lack of commercially available materials necessary to comply.
• The cost of the concrete mix that achieves compliance is more than the cost of a 100% Portland cement (ASTM C-150) or a 100% Portland limestone cement (ASTM C-595 Type 1L) mix. Applicant must provide quotes from at least two local concrete suppliers comparing the cost of a 100% PC (ASTM150) or 100% PLC (ASTM C-595 Type 1L) mix and equivalent strength lowcarbon concrete mix. • Emergency purchases made in conformance with Section 2.24.240; • Building permit applications submitted over the counter are exempt from this ordinance.
• This Chapter does not apply to pre-packaged proprietary concrete bags used for small quantities (less than 3 yards) or where there is an immediate need for on-site concrete mixing.

SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this 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 Ordinance.

SECTION 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any

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Packet Pg. 1022 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 19 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this 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 6. The Mayor shall sign and the City Clerk shall attest to the passage of the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption. Building permit applications submitted on or after the effective date of this Ordinance shall be required to comply with the requirements set forth herein.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

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Packet Pg. 1023 Attachment: Low-Carbon Concrete Ordinance (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 1 David Yakobson
From: Kubiak, Lauren <[email protected]>
Sent: Tuesday, April 23, 2024 11:44 AM
To: councilmtgitems
Subject: NRDC Comments on Agenda Item 10A: Low Carbon Concrete Code - SUPPORT Attachments: NRDC SM Low-Carbon Concrete Code Support Letter.docx

EXTERNAL
Hello,
Please find attached a letter from NRDC in support of the proposed Low Carbon Concrete Ordinance. Thank you for your consideration.

Kind regards,
Lauren

LAUREN KUBIAK
Senior Scientist, Climate & Clean Energy

NATURAL RESOURCES

DEFENSE COUNCIL
111 SUTTER ST

SAN FRANCISCO, CA
LKUBI [email protected]
NRDC.ORG
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

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Packet Pg. 1024 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) April 23, 2024
Re: Agenda Item 10A The Santa Monica Low Carbon Concrete Code - SUPPORT Dear Mayor Brock and Councilmembers:

We write to express the Natural Resources Defense Council (NRDC)’s support for the adoption of the proposed Low Carbon Concrete Code in Santa Monica. This ordinance would set embodied greenhouse gas emission limits on concrete used in construction of new buildings in Santa Monica. This motion builds on the amendments to the 2022 California Green Building Standards Code, Part 11, Title 24 (CALGreen) that the California Building Standards Commission adopted in August 2023, aligns with the City’s efforts to decarbonize building energy use in new construction, and would set Santa Monica on a leadership path toward addressing embodied carbon emissions from concrete.

Addressing greenhouse gas emissions from embodied carbon is crucial to meeting California’s climate targets. Globally, embodied carbon emissions from construction materials comprise 8 to 11 percent of global carbon emissions but are estimated to increase as new construction is undertaken to meet the needs of growing populations. The statewide CALGreen embodied carbon requirements are a good start in tackling embodied emissions from buildings and materials, but they were designed to be readily achievable to raise the floor, rather than raise the bar. This proposed rule would raise the bar and set Santa Monica on a pathway toward implementing a robust program that can achieve meaningful emissions reductions from concrete used within the city.

Cement is the binding ingredient in concrete and responsible for 90 percent of concrete’s greenhouse gas emissions despite being only around 10 percent by mass. Often, the amount of cement added to concrete exceeds what is necessary to hold the concrete together. Substituting supplementary cementitious materials (SCMs) for some of that cement can reduce the embodied emissions of concrete by up to 40-50 percent without compromising on strength and durability.

In fact, many SCMs increase the durability of concrete. This proposed motion would set maximum cement limits for different compressive strength levels of concrete to minimize the overuse of cement. It would additionally set global warming potential (GWP) limits on concrete.

By adopting this motion, Santa Monica would leverage the administrative capacity already being utilized to implement the CALGreen amendments to achieve deeper reductions in embodied carbon emissions from concrete. This would unlock additional savings without meaningful increases in city staff time or project costs, but large potential additional emissions reductions.

NRDC supports the adoption of this motion so that Santa Monica can unlock important emission reductions from concrete.

Thank you for your consideration.

Sincerely,
Lauren Kubiak
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

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Packet Pg. 1025 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Senior Scientist
Natural Resources Defense Council
111 Sutter St., 21st floor
San Francisco, CA 94104
Telephone: (415) 875-6100
Email: [email protected]
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

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Packet Pg. 1026 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 2 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, April 23, 2024 10:27 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Jesse Zwick; Caroline Torosis; Lana Negrete; Oscar de la Torre; Phil Brock; Christine Parra; David White; Shannon Parry Cc: [email protected]
Subject: Support Agenda Item 10A:

Attachments: 2024-04 CC Item 10A Low-Carbon Concrete Policy Ordinance SaMoSSA.pdf

EXTERNAL
Dear Santa Monica City Council and Staff
We write as community organizations to express our full support of the Low-Carbon Concrete Policy Ordinance, item 10- A on this Earth Day in the 30th year of Santa Monica’s leadership for sustainability, now necessarily driven by our City’s Climate Action and Adaptation Plan.

Please see our attached letter of support from the Santa Monica Safe Streets Alliance (SaMoSSA), Climate Action Santa Monica (CASM), Santa Monica Safe Streets Alliance-Youth Leadership Collective (SaMoSSA- YLC), Team Marine, Santa Monica Spoke and Santa Monica Forward.
--
Cynthia Rose & Cris Gutierrez
Co-Chairs
Santa Monica Safe Streets Alliance
SaMoSafeStreets.org
We acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

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Packet Pg. 1027 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) April 23, 2024
Agenda Item 10A: Community Organizations letter in support of Low-Carbon Concrete Policy Ordinance Dear Mayor and City Council Members:

On this Earth Day in the 30th year of Santa Monica’s leadership for sustainability, now necessarily driven by our City’s Climate Action and Adaptation Plan, we write as community organizations to express our full support of the Low-Carbon Concrete Policy Ordinance, item 10-A. We commend the staff’s careful, diligent work, in collaboration with local leaders and experts in the construction field, for developing a practical means of reducing at least ten percent of and as much as one-third of our local concrete carbon embodied in the building sector. The Low-Carbon Concrete Policy Ordinance would be a significant climate solution for Santa Monica, setting a standard that other cities in the state and country could follow.

With levels of CO2 in the atmosphere exceeding 419 parts per million on average in 2023, global warming has continued to increase year after year, now most dramatically evident in the extraordinary rise in the oceans temperature, our local climate innovations and influence are invaluable. Already Marin County and the City of Palo Alto have moved to require the low-carbon concrete option. Santa Monica can add its authority to making such a shift and help also advance California’s SB 596 requiring strategies for reducing greenhouse gas emissions in the cement sector. If we are to meet our committed City’s community-wide climate goals of reducing our carbon emissions by 80% below 1990 levels by 2030, there is not a moment to waste. With a low-carbon concrete policy, Santa Monica again proves it is serious about confronting the climate emergency.

Community members have also learned about the structural strength and durability of the low-carbon concrete. For example, the main ingredients of low carbon concrete - pozzolans - have been used coast to coast - recently on the Freedom Tower in NY and the San Francisco - Oakland Bay Bridge in CA because of the increased resilience and strength the pozzolans contribute. In fact, the pozzolans we use in low carbon concrete today are chemically similar to the pozzolans used in the long-lasting Roman concrete. With earthquake vulnerability in the back of some of our minds, that durability means a lot.

What is also exciting is that low-carbon concrete costs no more than traditional concrete: no premium cost and quite possibly cost savings. What more could we want? As our community’s youth have testified with others before Council over three decades to advocate for sustainability and climate actions, our City and community have become more sensitized to the fact that we respect and care for each other by also caring for our Earth. Those voices reverberate from past to present and will do so far into the future as all of us individually and collectively practice habits enabled by policies and programs to confront the climate emergency in every way that we can with vitality and imagination.

We trust that the Council will see that unanimous approval of the Low-Carbon Concrete Policy Ordinance can sustain future generations.

Sincerely,
Cynthia Rose Cris Gutierrez
Santa Monica Safe Street Alliance, Co-Chair Santa Monica Safe Streets Alliance, Co-Chair SaMoSafeStreets.org
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1028 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Climate Action Santa Monica: Laurene Von Klan and Kent Strumpell, Co-Chairs SaMo Safe Streets Alliance-Youth Leadership Collective: Emery Cunningham, Sam Cozolino Co-Chairs
Team Marine: Willa Ross, Maya Williams, Emery Cunningham, Co-Captains Santa Monica Spoke: Cynthia Rose, Director
Santa Monica Forward: Brad Ewing, Carl Hansen, Co-Chairs Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1029 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 3 David Yakobson
From: David Haake <[email protected]>
Sent: Tuesday, April 23, 2024 9:15 AM
To: councilmtgitems
Cc: Scott Morris; [email protected]; Morgan Goodwin; Kimberly Orbe; Cris Gutierrez Subject: Letter in SUPPORT of Santa Monica City Council Agenda Item 10A - Tuesday, April 23, 2024
Attachments: Sierra Club - Santa Monica Low Carbon Cement Code.pdf

EXTERNAL
Dear Mayor Brock and Councilmembers,
Sierra Club is pleased to submit the attached letter in support of Santa Monica City Council Agenda Item 10A for Tuesday, April 23, 2024.

We are writing to express our strong support for a Low Carbon Concrete Code in Santa Monica. Our letter provides a 7- point detailed justification for why Santa Monica should approve this ordinance and references Sierra Club's Guidance on Cement Manufacturing, which is a important general resource on this topic.

Thank you for the opportunity to submit public comment.

Feel free to contact me if you have questions or would like further discussion.

David Haake, MD
Chair, West Los Angeles Group, Angeles Chapter, Sierra Club Cell 310.237.3447
cc. Ellis Raskin, Scott Morris, Kim Orbe, Morgan Goodwin, Cris Gutierrez Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1030 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) April 22, 2024
Re: Agenda Item 10A The Santa Monica Low Carbon Concrete Code - SUPPORT
Dear Mayor Brock and Councilmembers,
On behalf of the Sierra Club, we are writing to share our strong support for a Low Carbon Concrete Code in Santa Monica.

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places.

The Sierra Club and its allies around the country have been combatting the toxic emissions of cement kilns for decades. Making cement requires temperatures of at least 1400°C (2552°F)— and the chemical reaction that creates cement releases CO2 as well. If the cement industry were a country, it would be the third-largest producer of greenhouse gases on Earth. To meet the targets set at the Paris Agreement, nations around the world must reduce cement emissions by a quarter in the next 30 years.

We strongly encourage the City of Santa Monica to approve this ordinance for the following reasons:

Cost: Low Carbon Concrete has the potential to create more affordable housing and construction because it limits the use of expensive (and highly polluting) Portland cement.1 2 Supply: The materials used to make low carbon concrete, also known as pozzolans, are available in Southern California, including at Santa Monica’s ready-mix plant, Associated Ready Mix.

Resilience: The materials used to make low carbon concrete – pozzolans – happen to have the same chemical composition of materials used in long-lasting Roman concrete (i.e. the Pantheon, the Roman Aqueducts, or the Colosseum). More recently, these pozzolanic materials have been proven to provide resilience in earthquake-heavy Peru.3 Sulfate Resistance: Concrete with pozzolanic material is more resistant to sulfates which is especially beneficial in coastal areas like Santa Monica.4 5 Case Studies: One World Trade Center, the new Oroville Dam, net zero homes, San Francisco-Oakland Bay Bridge, Mario Cuomo Bridge, and the Santa Monica Moonstone.

Code Precedence: Marin County, Palo Alto, Portland, Denver, California, Colorado, NY/NJ Port Authority, and the U.S. General Services Administration.

Exemptions: Similar to Marin County’s and Palo Alto’s low carbon concrete codes, this ordinance provides exemptions for high-early strength applications and opportunistic green premiums.
1 Chan et al. 2023
2 Esau et al. 2021
3 Leon-Miguel et.al 2023
4 Spragg. U.S. DOT
5 American Concrete Institute
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1031 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) In summary, low carbon concrete is not only the superior, stronger, more resilient concrete, but also a solution to the construction industry's high carbon emissions. For the above reasons, and so many more, and in celebration of the 30th Anniversary of the Santa Monica Sustainable City Plan, we urge you to vote yes on this ordinance.

More information available from the Sierra Club’s Guidance on Cement Manufacturing.

Please feel free to contact me if you have any questions. Thank you for your consideration.

Sincerely,
David A. Haake, M.D.

Chair, West Los Angeles Group, Angeles Chapter, Sierra Club Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1032 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 1 David Yakobson
From: Amanda Grossman
Sent: Monday, April 22, 2024 11:26 AM
To: councilmtgitems
Cc: Peter Roquemore
Subject: Item 10a - Low Carbon Concrete
Attachments: 23.09.18_LowCarbonConcrete2.pdf; 24.01.22_LowCarbonConcrete - signed.pdf Good morning,
Attached are two motions made by the Commission on Sustainability, Environmental Justice, and the Environment regarding Item 10a on Council’s agenda – Low Carbon Concrete Policy. The proposed ordinance was originally presented to the Commission at their regular September meeting. The Commission made a motion in support of the ordinance.

Staff returned to the Commission in January with some updates to the proposed ordinance. The Commission made another motion in support of the proposed updates.

Please let me know if you have any additional questions. Thank you.

Amanda Grossman (She/Her)
Sustainability Analyst
LEED Green Associate, TRUE Advisor, ENV SP
(310) 458-2201 x 2406
santamonica.gov
Facebook | Twitter | Instagram
Subscribe to Sustainable SaMo Newsletter
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1033 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Memo
To: City of Santa Monica City Council
From : Dean Kubani, Chair, Commission on Sustainability, Environmental Justice and the Environment
Sig na ture :

Da te : September 18, 2023
Re : City of Santa Monica Commission on Sustainability, Environmental Justice, and the Environment Motion Regarding Low Carbon Concrete Ordinance
Peter Roquemore (Sustainability Analyst) provided an update on the Low Carbon Concrete Ordinance to reduce emissions from embodied carbon in the built environment.

Staff recommends adopting an amendment to two CalGreen 2022 Reach Codes that replace a cement limit (amount of cement used in concrete mix) and global warming potential limit (amount of kilograms of carbon dioxide per cubic meter of concrete). Materials like concrete contribute to a large amount of the building sector emissions.

The ordinance would include exemptions for lack of commercially available material necessary to comply or emergency purchases, as we as exemptions for pre-packaged proprietary concrete bags used for small quantities.

After discussion, the Commission on Sustainability, Environmental Justice, and the Environment made the following motion:

The C o m m issio n o n Susta ina b ility, Enviro nm e nta l Justic e , a nd the Enviro nm e nt re c o m m e nd s tha t C o unc il a d o p ts a Lo w C a rb o n C o nc re te O rd ina nc e to re d uc e g lo b a l w a rm ing e m issio ns fro m the C ity’s b uild ing sector.

The motion was made by Member Gold and seconded by Member Kubani Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1034 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) The motion was approved by the following roll call vote:

Ayes: Chair Kubani
Member Gold
Member Pettit
Member Lempert
Noes: None
Abstain: None

Absent: Vice Chair Mearns, Member Tower, and Member Sokol Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1035 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Memo
To:

From :

Sig na ture :

Da te :

Re :

The C o m m issio n o n Susta ina b ility, Enviro nm e nta l Justic e , a nd the Enviro nm e nt re c o m m e nd s tha t C o unc il a d o p ts a n Lo w C a rb o n C o nc re te O rd ina nc e to re d uc e g lo b a l w a rm ing e m issio ns fro m the C ity’s b uild ing se c to r.

Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1036 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1037 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 2 David Yakobson
From: Peter Moran <[email protected]>
Sent: Monday, April 22, 2024 8:40 AM
To: councilmtgitems
Subject: Item 10A - Support Letter

EXTERNAL
Mayor Brock and City Councilmembers,
I am a Santa Monica resident and small business owner and I'm writing to express my support for item 10A on your April 23rd agenda, the adoption of the Low Concrete Carbon Code.

The concrete industry is one of the largest contributors to global carbon emissions and this will be a great step toward lowering carbon emissions from the building industry here in Santa Monica. As I'm sure you all know, California often leads the nation and the world in developing and implementing green and sustainable practices for all industries, so hopefully adopting this new Code will also encourage other municipalities to do the same, having a positive domino effect in cutting carbon emissions.

I am in the real estate development and construction industry and have done extensive research into sustainable materials, and implementing this Code would be one of the most effective carbon-cutting strategies for the construction industry. I have personally used low concrete carbon (less Portland cement content) on projects here in southern California and also in Florida. We found that the concrete we poured using the more sustainable mix met and sometimes exceeded our compressive strength requirements and did not come with a cost premium, sometimes it even saved money!
The construction industry can often be one of the slower industries to adapt to changes in trends and technologies - and sometimes the industry needs a nudge in the right direction. And unfortunately, with global climate change reaching catastrophic levels, the time for change is now. Implementing this new Code will make a huge difference in positively impacting the environment with little to no negative impacts on other stakeholders (the concrete industry, subcontractors, developers, etc.).

Thank you for your diligent work and I hope you move to approve Item 10A! Peter Moran
Bay to Bay Development Services, LLC
[email protected] / (301)-580-4171
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1038 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 3 David Yakobson
From: Scott Morris <[email protected]>
Sent: Friday, April 19, 2024 7:38 PM
To: councilmtgitems
Subject: Agenda Item 10A on the April 23rd Agenda: SUPPORT

EXTERNAL
Dear Mayor Brock and Councilmembers,
I am writing to express my strong support for Item 10A on your April 23rd agenda: adoption of the Low Carbon Concrete Code.

This upcoming week we celebrate Santa Monica’s 30 year anniversary passing the Sustainable City Plan, and what a great anniversary present it would be to adopt this code which addresses one of the most polluting materials on earth - concrete. The ordinance also demands resilient, longer lasting concrete in addition to lower carbon concrete. Concrete accounts for about 8% of global CO2 emissions and passage of this ordinance would be a great belated gift for this April 22 Earth Day! I have personally poured low carbon concrete using Santa Monica’s ready-mix plant - Associated Ready Mix - and the concrete exceeded the engineer’s strength requirements every time.

Thank you for your consideration of my commentary and for your past and, hopefully, future leadership to reach net zero carbon emissions as soon as possible - Zero Can’t Wait! Thank you,
Scott Morris
Santa Monica Resident
2221 Ocean Avenue
Santa Monica, CA 90405
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1039 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 4 David Yakobson
From: Scott Morris <[email protected]>
Sent: Friday, April 19, 2024 7:28 PM
To: councilmtgitems
Subject: Agenda Item 10A on the April 23rd Agenda: SUPPORT Attachments: Item 10A April 23, 2024 SUPPORT.pdf

EXTERNAL
Dear Mayor Brock and Councilmembers,
Please accept the attached letter of support for Item 10A from The Low Carbon Initiative. --
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Scott Morris
Zero Can't Wait
lowcarboninitiative.org
818-854-2663
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1040 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) April 19, 2024
Re: Agenda Item 10A: The Santa Monica Low Carbon Concrete Code - SUPPORT Dear Mayor Brock and Councilmembers,
On behalf of The Low Carbon Initiative - an organization devoted to accelerating decarbonization in the built environment – we strongly urge you to approve this ordinance for the following reasons:

Cost: Low Carbon Concrete has the potential to create more affordable housing and construction because it limits the use of expensive (and highly polluting) Portland cement.1 2
Supply: The materials used to make low carbon concrete, also known as pozzolans, are available in Southern California, including at Santa Monica’s ready-mix plant, Associated Ready Mix.

Resilience: The materials used to make low carbon concrete – pozzolans – happen to have the same chemical composition of materials used in long-lasting Roman concrete (i.e. the Pantheon, the Roman Aqueducts, or the Colosseum). More recently, these pozzolanic materials have been proven to provide resilience in earthquake-heavy Peru.3 Sulfate Resistance: Concrete with pozzolanic material is more resistant to sulfates which is especially beneficial in coastal areas like Santa Monica.4 5 Case Studies: One World Trade Center, the new Oroville Dam, net zero homes, San Francisco-Oakland Bay Bridge, Mario Cuomo Bridge, and the Santa Monica Moonstone.

Code Precedence: Marin County, Palo Alto, Portland, Denver, California, Colorado, NY/NJ Port Authority, and the U.S. General Services Administration.

Exemptions: Similar to Marin County’s and Palo Alto’s low carbon concrete codes, this ordinance provides exemptions for high-early strength applications and opportunistic green premiums.

In summary, low carbon concrete is not only the superior, stronger, more resilient concrete, but also a solution to the construction industry's high embodied carbon emissions. For the above reasons, and so many more, and in celebration of the 30th Anniversary of the Santa Monica Sustainable City Plan and Earth Day, we urge you to vote yes on this ordinance. 5 American Concrete Institute
4 Spragg. U.S. DOT
3 Leon-Miguel et.al 2023
2 Esau et al. 2021
1 Chan et al. 2023
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1041 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Sincerely,
Scott Morris
Director
The Low Carbon Initiative
[email protected]
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1042 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 5 David Yakobson
From: Nathan Forrest <[email protected]>
Sent: Friday, April 19, 2024 4:06 PM
To: councilmtgitems
Subject: Letter of support for Item 10A on the April 23rd City Council Meeting Agenda Attachments: CNCA Support for Santa Monica Low Carbon Concrete Code.pdf

EXTERNAL
Please find aƩached a leƩer of support for Item 10 A on the April 23rd City Council MeeƟng Agenda - IntroducƟon and First Reading of Low-Carbon Concrete Policy Ordinance and AdopƟon of Local Amendments Findings ResoluƟon
Regards,
Nathan Forrest, P.E., ENV SP
Technical Director
Cell: 520-235-0480
[email protected]
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1043 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance)

April 19, 2024
Santa Monica City Council
Subject: April 23rd Councill Meeting Item 10A – Low Carbon Concrete Code
Dear Council Members,
I am writing on behalf of CNCA (CaliforniaNevada Cement Association), an organization committed to providing solutionsfocused on sustainability, resilience, and economic impact.

We do this with cement-based materialsthat are the very foundation of our civilization. We have had the opportunity to review the Low-Carbon Concrete Policy Ordinance and we are pleased to express our support for thisinitiative.

CNCA is committed to actively participating in and contributing to the success of this initiative.Ourteam is eagerto continue to collaborate with city staff, ready-mix concrete producers, and otherstakeholdersinvolved in the effort. We believe that our expertise in carbon reduction and concrete sustainability will make a meaningful contribution to the efforts outlined in the proposal. By supporting the city in this endeavor, we anticipate positive outcomesthat will not only benefitthe city but also set a precedent for other agencies to follow.

We look forward to the opportunity to work together on thisimportant project and contribute to the advancement of low carbon concrete standards, codes, and specifications.

Sincerely,
Nathan Forrest
TechnicalDirector
Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1044 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) 6 David Yakobson
From: Tara Barauskas <[email protected]>
Sent: Friday, April 19, 2024 12:36 PM
To: councilmtgitems
Subject: Item 10A - support
Attachments: Item10Asupport.pdf

EXTERNAL
Please find attached our letter of support for item 10A.

Tara Barauskas, LEED AP
Executive Director
Community Corporation of Santa Monica
We have moved! Our new address is:
1410 2nd Street, Suite 200
Santa Monica, CA 90401
(310) 394-8487 ext. 133
[email protected]
www.communitycorp.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1045 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1046 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Item 10-A
April 23, 2024
Item 10-A
April 23, 2024

10.A.h
Packet Pg. 1047 Attachment: Written Comments (5975 : Low-Carbon Concrete Policy Resolution and Ordinance) Low-Carbon Concrete
Ordinance
April 23rd, 2024
Peter Roquemore
Sustainability Analyst
Office of Sustainability & the Environment

10.A.i
Packet Pg. 1048 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and What Is Low-Carbon Concrete?
Low-carbon concrete is a concrete mix that has the same strength properties of a traditional concrete mix but uses less Portland Cement and replaces it with lower-carbon alternatives.

Making cement generates 60% of concrete emissions. The goal is to replace some of the cement with lower carbon alternatives.

Traditional Concrete Mix:
• Portland Cement
• Water
• Gravel or Sand
Low-Carbon Concrete Inputs:
• Fly-Ash
• Slag
• Silica fume
• Natural Pozzolans
• Portland Cement
• Water
• Gravel or Sand

10.A.i
Packet Pg. 1049 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Low-Carbon Concrete Impact
Current Santa Monica green building policies address operational emissions, not embodied carbon.

Embodied Carbon are the emissions that occur from materials and the construction process.

Existing local policies and programs:
• Green Building Reach Codes
• Clean Power Alliance
• EV Charger Reach Code
• Electrify Santa Monica Rebate Program
• Building Performance Standards (under development)

10.A.i
Packet Pg. 1050 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Why Low-Carbon Concrete?
Climate Impact
• 14% - 33% reduction in emissions from standard concrete design.

No-to-Low Anticipated Cost Premium; Potential Savings
Industry and Policy Readiness
• Local suppliers support the proposed ordinance
• SB 596: Concrete industry is reducing emissions by 30% by 2045 • New state standard for embodied carbon in the 2022 CALGreen Intervening Code Ready to Implement
• Public Works has begun using low-carbon concrete.
• Low-carbon concrete is available today

10.A.i
Packet Pg. 1051 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Cost of Low
-Carbon Concrete
DOE – Pathways to Commercial Liftoff: Low-Carbon Cement, September 2023

10.A.i
Packet Pg. 1052 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Moongate Pilot 43% Portland Cement
67% Slag & Fly-ash.

10.A.i
Packet Pg. 1053 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Low
-Carbon Concrete Buildings
.

One World Trade Center • Replaced 71% of
Portland Cement
Wilshire Grand Center • Foundation used a
25% fly-ash low-
carbon concrete mix.

10.A.i
Packet Pg. 1054 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Low
-Carbon Concrete Policies
2024 Update to the California Green Building Code
Marin County
City of Palo Alto
New York New Jersey Port Authority
Federal Government General Services Administration

10.A.i
Packet Pg. 1055 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Outreach and Policy Development
Peer Government Outreach
• OSE staff have learned from staff in Marin County, Palo Alto, and at the NY NJ Port Authority. • Including a meeting with Building Officials from Marin County, Palo Alto, and City of Santa Monica.

Commission of Sustainability, Environmental Justice, and the Environment • Motioned to support the proposed Low-Carbon Concrete Ordinance on January 22, 2024.

Stakeholder Outreach
• OSE staff met with affordable housing developer Community Corp. of Santa Monica. • OSE held a stakeholder engagement meeting for designers, architects, developers, green building experts, and building managers.

Industry Outreach
• California Nevada Cement Association provided a training to City staff on low-carbon concrete. • OSE staff met with major concrete suppliers in Santa Monica.

10.A.i
Packet Pg. 1056 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Low-Carbon Concrete Ordinance Summary
Adopt and Amend CALGreen 2024 Embodied Carbon Intervening Code • Section 5.409.3 Product GWP compliance – prescriptive path of the California Green Building Standards Code
Create Section 8.106.130 Reduction in Cement in SMMC Green Building Code • Requires all new construction, swimming pools, and spas to comply • Local Cement & Global Warming Potential Limits
• Includes allowable increases and exemptions
• Details compliance and verification steps

10.A.i
Packet Pg. 1057 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Local Reach Code Impact
CALGreen Embodied Carbon Standards:
• Non-Residential Buildings 100,000 sq ft or larger
• Schools 50,000 sq ft or larger
Santa Monica’s Local Reach Code Improves Upon CALGreen Standards by:
• Applying low-carbon concrete to all new construction (both residential and nonresidential) of all sizes, swimming pools, and spas. • Except projects submitted over the counter.
• Local Cement & Global Warming Potential Limits
• Embodied carbon limits are 43% lower than CALGreen mandatory limits. • Includes an additional compliance pathway that is easier for smaller suppliers.

10.A.i
Packet Pg. 1058 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Compliance Table These limits should result in concrete mixes that reduce cement by 20% - 35%

10.A.i
Packet Pg. 1059 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Comparing GWP Limits in State and Local Codes
200
300
400
500
600
700
800
900
2500 psi 3000 psi 4000 psi 5000 psi 6000 psi 8000+ psi
GWP kg CO2e per cubic meter
Comparison to CALGreen Intervening Code Cycle
CalGreen 2024
CalGreen Reach Code Tier 1
CalGreen Reach Code Tier 2
Santa Monica

10.A.i
Packet Pg. 1060 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Ordinance Exemptions
• There is a lack of commercially available material necessary to comply. Determined by notification from at least two local concrete suppliers. • The cost of low-carbon concrete is more than a traditional Portland cement mix.

Determined by quotes from at least two local concrete suppliers comparing a lowcarbon concrete compliant mix and an ordinary Portland cement mix. • Emergency purchases made in conformance with Section 2.24.240; • This requirement does not apply to pre-packaged proprietary concrete bags used for small quantities (less than 3 yards) or where there is an immediate need for on-site concrete mixing.

10.A.i
Packet Pg. 1061 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Compliance and Verification
Compliance Acknowledgement Form
• Submitted as part of plans during Plan Check.

Verification Form and Proof of Concrete
• Verification Form submitted before or during inspection. • Environmental Product Declarations or Mix Designs for Concrete mixes used. • Batch receipts from concrete supplier verifying the above mixes and amounts..

10.A.i
Packet Pg. 1062 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Recommended Action
Staff recommends that the City Council:

1. Introduce for first reading the attached ordinance that adopts the 2022 California Green Building Standards Code including the 2022 intervening code updates;

2. Adopt the attached resolution that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code;

3. Introduce for first reading the attached ordinance that adopts local amendments to the 2022 California Green Buildings Standards Code to support decreased emissions from concrete;

4. Direct the City Manager to file the adopted resolution and ordinance amending the Green Building Standards Code with the California Building Standards Commission following the second reading of the ordinance; and

5. Adopt a finding of categorical exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.

10.A.i
Packet Pg. 1063 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and Allowable Increases
• High Early Strength: Portland cement or GWP limits shown in

5.409.3.5 can be increased by 30% for concrete demonstrated in writing to the Building Official or City Engineer, for Public Works Projects, as requiring high early strength.
• Project Weighted Average: A weighted average of the maximum GWP or Cement Limit for all concrete mixes installed in the project shall be less than the weighted average maximum GWP or Cement Limit allowed per Table 5.409.3.

10.A.i
Packet Pg. 1064 Attachment: PowerPoint Presentation (5975 : Low-Carbon Concrete Policy Resolution and City Council
Report
City Council Meeting: April 23, 2024
Agenda Item: 10.B
1 of 6
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and First Reading of an Ordinance Amending the Text of the City's Zoning Ordinance to Update Provisions Related to State Density Bonus Law for Consistency with Recent Amendments to State law Adopted by AB 1287 and Making Other Minor Changes, Corrections, and Clarifications 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. Introduce for First Reading of an Ordinance amending the text of the Zoning Ordinance to update provisions related to the implementation of State Density Bonus Law for consistency with recent amendments to State Law adopted by AB 1287 and make other minor changes, corrections, and clarifications.

3. Provide direction regarding the Planning Commission’s recommendation regarding a potential local density bonus program for projects that provide off-site affordable housing.

Summary
On October 11, 2023, Governor Newsom signed Assembly Bill (AB) 1287 into law, which became effective on January 1, 2024. AB 1287 is an evolution of State Density Bonus Law that would allow qualifying housing development projects to seek up to a 100% density bonus for providing additional on-site affordable housing units for very low and moderate-income households.

The proposed ordinance amends the City’s density bonus ordinance (SMMC Chapter

9.22) for consistency with AB 1287. It should be noted that even if the City does not

10.B
Packet Pg. 1065
2 of 6
have an updated density bonus ordinance, the City is still required to implement AB 1287.

Council is also being asked to provide direction regarding the Planning Commission’s recommendation for Council to direct the City Manager to study the creation of a local density bonus program when a market-rate housing project provides off-site affordable housing units.

Discussion
On March 20, 2024, the Planning Commission conducted a duly-noticed public hearing and, after considering all oral and written testimony, voted 6-1 to recommend that the City Council approve the proposed ordinance with the condition that the Council also consider the Commission’s further recommendation that Council direct the City Manager to study the creation of a local density bonus program for off-site affordable housing units. The Planning Commission has prepared a letter explaining its recommendation, which includes some reasoning as to why the City may want to ensure that the off-site option is equally attractive to the on-site option (see Attachment C).

The Commission’s interest in Council’s consideration is due to concerns that the additional density bonus allowed by AB 1287 disincentivizes the off-site affordable housing option in the Affordable Housing Production Program (SMMC Chapter 9.64).

State density bonus law only provides density bonuses when a project provides on-site affordable housing units. There is no State density bonus provided for projects that provide off-site affordable housing units. However, it does not preclude the City from creating its own local density bonus program to support the production of affordable housing units off-site.

Overview of AB1287
The additional density bonus provided to applicable projects in addition to the initial bonus is shown in the tables below. The amount of additional bonus depends on

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whether the additional affordable units are Very Low Income or Moderate-Income Households:

Percentage Very Low-Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
Thus, if a project complied with the City’s AHPP by providing 15% on-site affordable units split evenly between Very Low (50% AMI), Low (80% AMI), and Moderate-Income (80% to 120% AMI) levels, the project would be eligible for an initial 50% density bonus.

Under AB 1287, if additional Moderate-Income units were provided in the project, an additional density bonus (up to 50%) would be available, resulting in a potential 100% density bonus. In that hypothetical scenario, the resulting project could potentially have up to 30% of the base units deed restricted as affordable. The City prepared an FAQ (Attachment F) explaining how these updated provisions of density bonus work.

In addition to increased density bonus potential, AB 1287 includes, but is not limited to, the following revisions to State Density Bonus Law:

1. Increases in the number of incentives or concessions, for the following projects:

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• Five incentives/concession for a project in which 100% of all units are for lower income households (originally four).
• Four incentives/concessions for projects that include at least 16% of the units for very low-income households or at least 45% for persons and families of moderate income in a development in which the units are for sale.

2. Further limits a jurisdiction’s ability to request documentation to establish eligibility for requested density bonuses, incentives or concessions, and waivers or reduction of development standards.

3. Modifies the definition of “Maximum Allowable Residential Density” or “Base Density”.

Zone Text Amendment Findings
In accordance with Santa Monica Municipal Code Section 9.46.080(A), staff recommends the City Council introduce for first reading the Ordinance based on the following findings, as set forth in Section 1 of the attached Ordinance:

1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments support policies in the Land Use and Circulation Element to the General Plan, the 6th Cycle (2021-2029) Housing Element, Bergamot Area Plan and Downtown Community Plan that support housing production in a manner consistent with State law.

2. The proposed amendments are consistent with the purposes of the Zoning Ordinance in that they update provisions for consistency with State Density Bonus Law, promote the growth of the City in an orderly manner, and promote and protect the public health, safety, and general welfare.

Environmental Review
The proposed approval of the ordinance to implement amendments for consistency with State Density Bonus Law per AB 1287 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA

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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 ordinance may have a significant effect on the environment. The proposed ordinance is administrative and regulatory in nature in that it creates additional pathways consistent with State Density Bonus Law for housing projects to achieve a greater density bonus if additional moderate-income or very-low-income units are provided on-site in housing projects. The 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.

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.

Prepared By: Ross Fehrman, Senior Planner
Approved Forwarded to Council
Attachments:

A. CDD-Ord-AB 1287 042324
B. Resolution Number 24-001 (PCS), Planning Commission Resolution C. Planning Commission Recommendation Letter for Local Off-Site Density Bonus Program
D. March 20, 2024 Planning Commission meeting (Web Link) E. April 17, 2024 Planning Commission meeting (Web Link) F. Summary of AB 1287’s Changes to State Density Bonus Law for Housing Projects (Web Link)
G. Written Comments

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H. PowerPoint Presentation

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1 City Council Meeting: April 23, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO UPDATE

PROVISIONS RELATED TO STATE DENSITY BONUS LAW FOR CONSISTENCY WITH RECENT AMENDMENTS TO STATE LAW ADOPTED BY AB 1287 AND

MAKING OTHER MINOR CHANGES, CORRECTIONS, AND CLARIFICATIONS WHEREAS on October 11, 2023, the Governor signed an extensive housing package into law, consisting of 56 bills to help address California’s decades-in-the-making housing crisis by simplifying and expediting the construction of new housing, protecting tenants, and keeping housing affordable (the “2023 State Housing Package”); and WHEREAS, the 2023 State Housing Package includes AB 1287, which amends State Density Bonus Law to, among other amendments, provide an additional density bonus and an additional incentive or concession to certain qualifying projects that provide for the development of housing units available to very low- and moderate-income households; and
WHEREAS on December 6, 2023, the Planning Commission adopted a Resolution of Recommendation, Resolution Number 23-011 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with these recent changes to State Density Bonus Law, including AB 1287, and making further amendments as be necessary to make minor changes, corrections, and clarifications; and
WHEREAS, on March 6, 2024, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed

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Packet Pg. 1071 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 2 amendments to the text of the Zoning Ordinance, adopted Resolution Number 24-001 (PCS), recommending that the City Council amend the text of the zoning ordinance for consistency with recent changes to State Density Bonus Law, including, but not limited to, AB 1287, and making further amendments as be necessary to make minor changes, corrections, and clarifications based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments support policies in the Land Use and Circulation Element to the General Plan, the 6th Cycle (2021-2029) Housing Element, Bergamot Area Plan and Downtown Community Plan that support housing production in a manner consistent with State law.

2. The proposed amendments are consistent with the purposes of the Zoning Ordinance in that they update provisions for consistency with State Density Bonus Law, promote the growth of the City in an orderly manner, and promote and protect the public health, safety, and general welfare.

WHEREAS, on April 23, 2024, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed Zoning Ordinance amendments as set forth below.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

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Packet Pg. 1072 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 3 SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on April 23, 2024, regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the amendments support policies in the Land Use and Circulation Element to the General Plan, the 6th Cycle (2021-2029) Housing Element, Bergamot Area Plan and Downtown Community Plan that support housing production in a manner consistent with State law.

2. The amendments are consistent with the purposes of the Zoning Ordinance in that they update provisions for consistency with State Density Bonus Law, promote the growth of the City in an orderly manner, and promote and protect the public health, safety, and general welfare.

SECTION 2. Santa Monica Municipal Code Section 9.22.030 is hereby amended to read as follows:

9.22.030 Definitions
As used in this Chapter:

A. “Affordable housing cost” means affordable housing cost as defined in Health and Safety Code Section 50052.5.

B. “Affordable rent” means affordable rent as defined in Health and Safety Code Section 50053.

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Packet Pg. 1073 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 4 C. “Childcare facility” means a child daycare facility other than a family day care, including, but not limited to, infant centers, preschools, extended daycare facilities and school age childcare centers.

D. “Common interest development” means common interest development as defined in Civil Code Section 4100.

E. “Concession or incentive” means any of the following:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part

2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and

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Packet Pg. 1074 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 5 Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

F. “Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application for first planning entitlement or permit, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

G. “Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite openspace requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

H. “Housing development” means a development project for five or more residential units, including a mixed-use development. For purposes of this Chapter, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

I. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which

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Packet Pg. 1075 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 6 a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

J. “Lower income households” means lower income households as defined by Health and Safety Code Section 50079.5.

K. “Major transit stop” shall mean a major transit stop as defined in Public Resources Code Section 21155(b).

L. “Maximum allowable residential density” or “base density” means the greatest maximum number of units allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”), specific plan, or the Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means the greatest maximum number of units allowed by the specific zoning district, as set forth in Division 2 of the Zoning Ordinance, specific plan, or the LUCE applicable to the project. If the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the LUCE or a specific plan, the greater shall prevail If a housing development is subject to tiered development standards, the “maximum allowable residential density” or “base density” shall mean the greatest maximum number of units allowed at the selected tier.

M. “Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.

N. “Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.

O. “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and

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Packet Pg. 1076 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 7 dining areas within the shared housing building shall be able to adequately accommodate all residents. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.

P. “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

Q. “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes unit(s) added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus; and
(ii) Includes unit(s) designated to satisfy the requirements of Chapter 9.64, Affordable Housing Production Program.
(iii) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.

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Packet Pg. 1077 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 8 R. “Very low income households” means very low income households as defined in Health and Safety Code Section 50105.

S. “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

SECTION 3. Santa Monica Municipal Code Section 9.22.040 is hereby amended to read as follows:

9.22.040 Eligibility
A. Except as set forth in subsection B, a housing development project shall be eligible for a density bonus and additional incentives, concessions, waivers or reductions of development standards, and parking ratios as set forth in this Section.

1. The City will grant one density bonus, the amount of which shall be specified in Section 9.22.050, and, if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives and concessions, as set forth in Section

9.22.060(A) and (B), waivers or reductions of development standards, as set forth in Section 9.22.070, and parking ratios, as described in Section 9.22.060(C), to the applicant

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Packet Pg. 1078 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 9 of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this Chapter, contain at least any one of the following:
a. 10% of the total units of the housing development, including shared housing building development, for lower income households; b. 5% of the total units of the housing development, including shared housing building development, for very low income households; c. A senior citizen housing development as defined in Section 51.3 and

51.12 of the Civil Code or a qualifying mobile home park that limits residency based on age requirements for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, including a shared housing building development meeting this criteria; d. 10% of the total units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase;
e. 10% of the total units of a housing development for transitional foster youth, as defined by Section 66025.9 of the Education Code, disabled veterans, as defined by Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) affordable at the same level as very low income units; f. 20% of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F);

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Packet Pg. 1079 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 10 g. 100% of all units in the development, or shared housing building development, including total units and density bonus, but exclusive of manager’s unit or units, are for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households; or
h. 100% Affordable Housing Projects as defined in Section

9.52.020.0050.

2. Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g).

3. Housing Development with Childcare Facility. An applicant that proposes to construct a housing development that conforms to the requirements of subsection (A)(1) and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(h).

B. Notwithstanding subsection A, an applicant that submits an application for housing development, including a planning entitlement or permit, shall be ineligible for a density bonus or any other incentive or concession under this Chapter if the housing development is proposed on a property that includes a parcel or parcels that contains: (1) rental dwelling units that are located, or, if the dwelling units have been vacated or demolished in the 5-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or

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Packet Pg. 1080 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 11 very low income; (2) rental units that are controlled rental units pursuant to City Charter Section 1800 et seq., subject to Civil Code Section 1947.12, or subject to any other form of State or local rent or price control; or (3) units occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

1. The proposed housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section

9.22.050(B).

2. Each unit in the development, exclusive of manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.

C. For purposes of this Section, “replace” shall mean either of the following:

1. If any dwelling units described in this Section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

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Packet Pg. 1081 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 12 For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

2. If all dwelling units described in subsection A have been vacated or demolished within the 5-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the 5-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and

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Packet Pg. 1082 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 13 very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

3. Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection A that is or was, within the 5-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code Section 1947.12, or a rental unit subject to any other form of State or local rent or price control, and that is or was occupied by persons or families above lower income, replacement units must be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2).

4. For purposes of this Section, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

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Packet Pg. 1083 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 14 SECTION 4. Santa Monica Municipal Code Section 9.22.050 is hereby amended to read as follows:

9.22.050 Density Bonus
A. An eligible applicant under Section 9.22.040 may seek a density bonus in the amounts set forth in this Section and in accordance with the procedures set forth in Section 9.22.080. Applicants may request a lesser percentage of density increase than that which is available for a housing development under this Section, including, but not limited to, no increase in density; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this Section and Government Code Section 65915(b).

B. Determining Density Bonus Percentage. Subject to the provisions of subsection 7, below, the The number of density bonus units to be granted shall be determined as follows:

1. For housing developments that meet the criteria of Section

9.22.040(A)(1)(a), the density bonus shall be calculated as follows:

Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32

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Packet Pg. 1084 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 15 19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50

2. For housing developments that meet the criteria of Section

9.22.040(A)(1)(b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

3. For housing developments that do not meet the criteria set forth in subsections 1 and 2, above, the density bonus shall be calculated as follows:
a. For housing developments that meet the criteria of Section

9.22.040(A)(1)(c), the density bonus shall be 20% of the number of senior housing units.

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Packet Pg. 1085 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 16 b. For housing developments that meet the criteria of Section

9.22.040(A)(1)(e), the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that paragraph. c. For housing developments that meet the criteria of Section

9.22.040(A)(1)(f), the density bonus shall be 35% of the student housing units. d. For 100% Affordable Housing Projects or housing developments that meet the criteria of Section 9.22.040(A)(1)(g), the following shall apply:
i. Except as otherwise provided in clause (ii), the density bonus shall be 80% of the number of units for lower income households. ii. If the housing development is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, there shall be no maximum control on density.

4. For housing developments that meet the criteria of Section

9.22.040(A)(1)(d), the density bonus shall be calculated as follows:

Percentage Moderate-Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14

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Packet Pg. 1086 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 17 Percentage Moderate-Income Units Percentage Density Bonus 20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50

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Packet Pg. 1087 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 18 5. Housing developments that meet the criteria of Section 9.22.040(A)(1) are eligible for an additional density bonus as set forth in this subsection. a. To be eligible for an additional density bonus, a housing development shall meet the following requirements:
i. The resulting housing development would not restrict more than 50% of the total units to moderate-income, lower income, or very low income households;
ii. The housing development includes additional rental or forsale units affordable to very low income households or moderate income households, and meets any of the following requirements:

A. Conforms to the requirements of Section 9.22.040(A)(1)(a) and provides 24 percent of the total units to lower income households.

B. Conforms to the requirements of Section 9.22.040(A)(1)(b) and provides 15 percent of the total units to very low income households.

C. Conforms to the requirements of Section 9.22.040(A)(1)(d) and provides 44 percent of the total units to moderate-income households.
b. For housing developments that meet the criteria above, the additional density bonus shall be calculated using one of the following tables:

Additional Percentage Very Low Income
Units
Additional Percentage Density Bonus
5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Additional Percentage Moderate-Income
Units
Additional Percentage Density Bonus
5 20
6 22.5

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Packet Pg. 1088 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 19 7 25
8 27.5
9 30
10 32.5
11 35
12 38.78
13 42.5
14 46.25
15 50
c. The increase required by this subsection shall be in addition to any increase to density granted by Section 9.22.050(A)(1-4). d. The additional density bonus granted under this subsection shall be calculated using the number of units excluding any density bonus awarded by this Chapter.

6. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be entitled to a density bonus as provided by Government Code Section 65915(g).

76. To calculate density bonus for housing developments that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, all onsite affordable units required by Chapter 9.64 for housing development projects consisting of 20 units or more, shall be counted as very low-income units up to the highest percentage of density bonus granted under this Chapter and State Density Bonus Law.

10.B.a
Packet Pg. 1089 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 20 C. Calculating Base Density

1. In residential districts, the maximum allowable residential or base density, as defined in 9.22.030(L), shall be determined using dwelling units per acre.

2. Except as provided in subsection (3) below, in non-residential districts which do not provide a dwelling-units-per-acre standard for density, the maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.

Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

3. Notwithstanding subsection (2), for any housing development subject to tiered development standards, the maximum allowable residential density shall be

10.B.a
Packet Pg. 1090 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 21 based on the maximum number of units allowed for the selected tier in the zoning district. The maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.

Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

D. Calculating Density Bonus.

1. Density bonus shall be calculated by the following formula:

Density bonus = base density X percentage density bonus granted Eligibility for any additional density bonus granted under Section 9.22.050(B)(5) shall require first calculating the maximum density bonus granted by Section

9.22.050(B)(1-4).

10.B.a
Packet Pg. 1091 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 22 2. Except as provided in Section 9.22.050(B)(5), for For purposes of calculating the amount of the density bonus pursuant to subsection B, a housing development is entitled to only one density bonus over maximum allowable residential density or base density. An applicant who requests a density bonus must elect whether the bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e), (f), (g), or (h). Density bonuses from more than one category may not be combined.

3. All density calculations resulting in fractional units will be rounded up to the next whole number.

4. For purposes of calculating a density bonus pursuant to subsection B for a shared housing building, “unit” means one shared housing unit and its pro-rated share of associated common area facilities.

5. For purposes of calculating a density bonus pursuant to subsection B, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

10.B.a
Packet Pg. 1092 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 23 E. Continued Affordability. Prior to issuance of a building permit, an applicant shall agree to continued affordability of restricted affordable units in accordance with Government Code Section 65915(c) and Section 9.64.130, of Chapter 9.64 Affordable Housing Production Program, and the Administrative Guidelines adopted thereto.

SECTION 5. Santa Monica Municipal Code Section 9.22.060 is hereby amended to read as follows:

9.22.060 Incentives and Concessions for Affordable Housing A. An eligible applicant under Section 9.22.040 may request the following numbers of incentives or concessions in accordance with the procedures set forth in Section

9.22.080:

Minimum Percentage of Affordable Units Number of Incentives and Concessions Permitted
• 5% Very Low,
• 10% Low, or
• 10% Moderate in for-sale developments
1 • 10% Very Low,
• 17% Low, or
• 20% Moderate in for-sale developments
2 • 15% Very Low,
• 24% Low, or
• 30% Moderate in for-sale developments
3 • 16% Very Low, or
• 45% Moderate in for-sale developments 4
• 100% Affordable Housing Projects or projects
meeting the criteria of Section 9.22.040(A)(1)(g) 54
To calculate the number of incentives and concessions for housing development projects consisting of 20 units or more that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, To determine the number of incentives and concessions for housing developments that provide onsite affordable units required by in accordance with Chapter 9.64, Affordable Housing Production Program, all

10.B.a
Packet Pg. 1093 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 24 onsite affordable units shall be counted as very low-income units up to the highest amount of incentives and concessions granted by this Chapter 9.22 and State Density Bonus Law.

B. By-Right Incentives or Concessions. Without following the procedures in Section 9.22.080, the Director shall approve requested incentives and concessions as follows:

1. For housing developments in residential zones:
a. Up to a 15% deviation from one side setback requirement. b. Up to a 10% increase in parcel coverage per floor and/or story (one concession per floor and/or story).
c. Up to a 15% deviation from rear setback requirements. d. Up to one additional story and six feet of building height.

2. For housing developments in all non-residential zones:
a. Up to an additional 11 feet of Building Height.
b. Up to a 10% reduction in Minimum Ground Floor height. c. Up to a 50% decrease in private outdoor living area per unit, provided that an equivalent amount is substituted for common outdoor living area. d. Up to a 5% decrease in unit mix requirement for market rate units only.
e. Up to a 10% decrease in residential parking requirement. f. Up to a 10% decrease in long-term residential bicycle parking. g. Additional floor area to accommodate the density bonus units based on project’s average unit size.

10.B.a
Packet Pg. 1094 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 25 3. In addition to the above, for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g) located within one-half mile of a major transit stop or located in a very low vehicle travel area in a designated county:
a. Height increase of up to three additional stories, or 33 feet. This shall not count towards one of the five four incentives or concessions available for 100% Affordable Housing Projects or projects meeting the criteria of Section

9.22.040(A)(1)(g).

C. By Right Parking Incentives. In addition to the above, an eligible project under Section 9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).

D. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.

SECTION 6. Santa Monica Municipal Code Section 9.22.080 is hereby amended to read as follows:

9.22.080 Procedures
The following procedures shall govern the processing of a request for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard:

A. An application for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard pursuant to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications in accordance with applicable State

10.B.a
Packet Pg. 1095 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 26 law, including, but not limited to, the Permit Streamlining Act, required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

1. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;

2. Target income of affordable housing units and proposals for ensuring affordability;

3. Description of any requested incentives or concessions, waivers or reductions of development standards, or modified parking standards. a. For all incentives or concessions that are not included within the menu of incentives or concessions set forth in subsections B and C of Section

9.22.060, the application shall include adequate information for the City to make a determination documentation providing evidence that the requested incentives and concessions result in identifiable and actual cost reductions. The documentation shall include all of the following items:
a. The identifiable and actual cost reduction achieved through the incentive or concession;
b. Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and
c. Other documentation requested by the Director. The Director may require that any documentation include such other information as is required to evaluate the documentation as deemed necessary by the Director.

10.B.a
Packet Pg. 1096 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 27 b4.For any requested waiver or reduction of a development standard, the applicant shall provide adequate information for the City to make a determination that evidence that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the residential project with the density bonus incentives requested.;

45. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be donated provide proof of site control, and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(g) can be made; and

56. If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made.

B. In accordance with State law, neither the granting of a concession or incentive, or waiver or reduction, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a General Plan amendment, Zoning Ordinance, Variance, or other discretionary approval.

C. For housing developments requesting an incentive or concession not included within the menu of by-right incentives or concessions listed in subsections B and C of Section 9.22.060 or a waiver or reduction pursuant to Section 9.22.070, the following shall apply:

10.B.a
Packet Pg. 1097 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 28 1. The Director shall grant the concession or incentive requested by the applicant unless the Director makes a written finding, based upon substantial evidence, of any of the following:
a. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units; or b. The concession or incentive will have a specific, adverse impact upon public health and safety, or on the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate income households; or
c. The concession or incentive would be contrary to State or Federal law.

2. The Director shall grant the waiver or reduction if the development standard will have the effect of physically precluding the construction of a housing development at the densities permitted under Section 9.22.050, or with the concessions or incentives permitted under Section 9.22.060. Notwithstanding the foregoing, the Director shall not be required to grant a waiver or reduction if:
a. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact;

10.B.a
Packet Pg. 1098 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 29 b. The waiver or reduction would have an adverse impact on real property that is listed in the California Register of Historical Resources; c. The waiver or reduction would be contrary to State or Federal law.

SECTION 7. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this 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 Ordinance.

SECTION 8. If any section, subsection, sentence, clause or phrase of this 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 Ordinance. The City Council hereby declares that it would have passed this 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 9. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

10.B.a
Packet Pg. 1099 Attachment: CDD-Ord-AB 1287 042324 [Revision 1] (6171 : State Density Bonus Ordinance) 1 Planning Commission Meeting March 20, 2023 Santa Monica, California RESOLUTION NUMBER 24-001 (PCS)
(Planning Commission Series)

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA

MONICA RECOMMENDING TO THE CITY COUNCIL THAT THE COUNCIL AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO UPDATE PROVISIONS

RELATED TO STATE DENSITY BONUS LAW FOR CONSISTENCY WITH RECENT AMENDMENTS TO STATE LAW ADOPTED BY AB 1287 AND MAKING OTHER

MINOR CHANGES, CORRECTIONS, AND CLARIFICATIONS
WHEREAS on October 11, 2023, the Governor signed an extensive housing package into law, consisting of 56 bills to help address California’s decades-in-the-making housing crisis by simplifying and expediting the construction of new housing, protecting tenants, and keeping housing affordable (the “2023 State Housing Package”); and WHEREAS, the 2023 State Housing Package includes AB 1287, which amends State Density Bonus Law to, among other amendments, provide an additional density bonus and an additional incentive or concession to certain qualifying projects that provide for the development of housing units available to very low- and moderate-income households; and
WHEREAS on December 6, 2023, the Planning Commission adopted a Resolution of Recommendation, Resolution Number 23-011 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with these recent changes to State Density Bonus Law, DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1100 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 2 including AB 1287, and making further amendments as be necessary to make minor changes, corrections, and clarifications; and
WHEREAS, on March 20, 2024, the Planning Commission conducted a dulynoticed public hearing to consider its recommendation to the City Council.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Proposed amendments to the text of the Zoning Ordinance.

Pursuant to Santa Monica Municipal Code Section 9.46.060(B), the Planning Commission, after considering oral and written testimony, does hereby recommend that City Council that the City Council amend the text of the Zoning Ordinance for consistency with recent changes to State Density Bonus Law, including, but not limited to, AB 1287, and making further amendments as be necessary to make minor changes, corrections, and clarifications, as set forth in Exhibit A, attached to this Resolution. In making this recommendation, the Planning Commission hereby finds and declares that, for the reasons articulated above, in the staff report dated March 20, 2024, and below:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments support policies in the Land Use and Circulation Element to the General Plan, the 6th Cycle (2021-2029) Housing Element, Bergamot Area Plan and Downtown Community Plan that support housing production in a manner consistent with State law.

2. The proposed amendments are consistent with the purposes of the Zoning Ordinance in that they update provisions for consistency with DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1101 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 3 State Density Bonus Law, promote the growth of the City in an orderly manner, and promote and protect the public health, safety, and general welfare.

SECTION 2. The Director of the Community Development Department 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
DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1102 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 4 Adopted this 20th day of March, 2024.
______________________________________________
Chair, Planning Commission
I hereby certify that the foregoing Resolution of Intention was duly and regularly introduced and approved at a meeting of the Planning Commission on the 20th day of March, 2024 by the following vote:

Ayes:  Commissioners Fresco, Hamilton, Lambert, Landres, Ries, Chair Raskin Noes: Vice Chair Tolkin
Abstain:

Absent:

Attest:
______________________________________________
Director of Community Development Department
DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1103 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 5 Exhibit A
Proposed changes to Zoning Ordinance
[BEHIND THIS PAGE]
DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1104 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 6 CHAPTER 9.22 DENSITY BONUS

9.22.030 Definitions
As used in this Chapter:

A. “Affordable housing cost” means affordable housing cost as defined in Health and Safety Code Section 50052.5.

B. “Affordable rent” means affordable rent as defined in Health and Safety Code Section 50053.

C. “Childcare facility” means a child daycare facility other than a family day care, including, but not limited to, infant centers, preschools, extended daycare facilities and school age childcare centers.

D. “Common interest development” means common interest development as defined in Civil Code Section 4100.

E. “Concession or incentive” means any of the following:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part

2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1105 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 7 2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

F. “Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application for first planning entitlement or permit, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

G. “Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite openspace requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

H. “Housing development” means a development project for five or more residential units, including a mixed-use development. For purposes of this Chapter, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consists of residential units or DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1106 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 8 unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

I. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

J. “Lower income households” means lower income households as defined by Health and Safety Code Section 50079.5.

K. “Major transit stop” shall mean a major transit stop as defined in Public Resources Code Section 21155(b).

L. “Maximum allowable residential density” or “base density” means the greatest maximum number of units allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”), specific plan, or the Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means the greatest maximum number of units allowed by the specific zoning district, as set forth in Division 2 of the Zoning Ordinance, specific plan, or the LUCE applicable to the project. If the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the LUCE or a specific plan, the greater shall prevail. If a housing development is subject to DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1107 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 9 tiered development standards, the “maximum allowable residential density” or “base density” shall mean the greatest maximum number of units allowed at the selected tier.

M. “Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.

N. “Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.

O. “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.

P. “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1108 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 10 Q. “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes unit(s) added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus; and
(ii) Includes unit(s) designated to satisfy the requirements of Chapter 9.64, Affordable Housing Production Program.
(iii) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.

R. “Very low income households” means very low income households as defined in Health and Safety Code Section 50105.

S. “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1109 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 11 9.22.040 Eligibility
A. Except as set forth in subsection B, a housing development project shall be eligible for a density bonus and additional incentives, concessions, waivers or reductions of development standards, and parking ratios as set forth in this Section.

1. The City will grant one density bonus, the amount of which shall be specified in Section 9.22.050, and, if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives and concessions, as set forth in Section

9.22.060(A) and (B), waivers or reductions of development standards, as set forth in Section 9.22.070, and parking ratios, as described in Section 9.22.060(C), to the applicant of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this Chapter, contain at least any one of the following:
a. 10% of the total units of the housing development, including shared housing building development, for lower income households; b. 5% of the total units of the housing development, including shared housing building development, for very low income households; c. A senior citizen housing development as defined in Section 51.3 and

51.12 of the Civil Code or a qualifying mobile home park that limits residency based on age requirements for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, including a shared housing building development meeting this criteria; d. 10% of the total units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase;
DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1110 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 12 e. 10% of the total units of a housing development for transitional foster youth, as defined by Section 66025.9 of the Education Code, disabled veterans, as defined by Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) affordable at the same level as very low income units; f. 20% of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F);
g. 100% of all units in the development, or shared housing building development, including total units and density bonus, but exclusive of manager’s unit or units, are for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households; or
h. 100% Affordable Housing Projects as defined in Section

9.52.020.0050.

2. Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g).

3. Housing Development with Childcare Facility. An applicant that proposes to construct a housing development that conforms to the requirements of subsection (A)(1) and that also includes a childcare facility that will be located on the DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1111 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 13 premises of, as part of, or adjacent to the project shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(h).

B. Notwithstanding subsection A, an applicant that submits an application for housing development, including a planning entitlement or permit, shall be ineligible for a density bonus or any other incentive or concession under this Chapter if the housing development is proposed on a property that includes a parcel or parcels that contains: (1) rental dwelling units that are located, or, if the dwelling units have been vacated or demolished in the 5-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income; (2) rental units that are controlled rental units pursuant to City Charter Section 1800 et seq., subject to Civil Code Section 1947.12, or subject to any other form of State or local rent or price control; or (3) units occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

1. The proposed housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section

9.22.050(B).

2. Each unit in the development, exclusive of manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.

C. For purposes of this Section, “replace” shall mean either of the following:

1. If any dwelling units described in this Section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1112 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 14 cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

2. If all dwelling units described in subsection A have been vacated or demolished within the 5-year period preceding the application, the proposed housing DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1113 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 15 development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the 5-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

3. Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection A that is or was, within the 5-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code Section 1947.12, or a rental unit subject to any other form of State or local rent or price control, and that is or was occupied by persons or families above lower income, replacement units must be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1114 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 16 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2).

4. For purposes of this Section, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

9.22.050 Density Bonus
A. An eligible applicant under Section 9.22.040 may seek a density bonus in the amounts set forth in this Section and in accordance with the procedures set forth in Section 9.22.080. Applicants may request a lesser percentage of density increase than that which is available for a housing development under this Section, including, but not limited to, no increase in density; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this Section and Government Code Section 65915(b).

B. Determining Density Bonus Percentage. Subject to the provisions of subsection 7, below, the The number of density bonus units to be granted shall be determined as follows:

1. For housing developments that meet the criteria of Section

9.22.040(A)(1)(a), the density bonus shall be calculated as follows:

Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
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10.B.b
Packet Pg. 1115 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 17 21 38.75
22 42.5
23 46.25
24 50

2. For housing developments that meet the criteria of Section

9.22.040(A)(1)(b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

3. For housing development that do not meet the criteria set forth in subsections 1 and 2, above, the density bonus shall be calculated as follows:
a. For housing developments that meet the criteria of Section

9.22.040(A)(1)(c), the density bonus shall be 20% of the number of senior housing units.
b. For housing developments that meet the criteria of Section

9.22.040(A)(1)(e), the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that paragraph. c. For housing developments that meet the criteria of Section

9.22.040(A)(1)(f), the density bonus shall be 35% of the student housing units. d. For 100% Affordable Housing Projects or housing developments that meet the criteria of Section 9.22.040(A)(1)(g), the following shall apply:

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1116 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 18 i. Except as otherwise provided in clause (ii), the density bonus shall be 80% of the number of units for lower income households. ii. If the housing development is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, there shall be no maximum control on density.

4. For housing developments that meet the criteria of Section

9.22.040(A)(1)(d), the density bonus shall be calculated as follows:

Percentage Moderate-Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
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10.B.b
Packet Pg. 1117 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 19 Percentage Moderate-Income Units Percentage Density Bonus 40 35
41 38.75
42 42.5
43 46.25
44 50

5. Housing developments that meet the criteria of Section 9.22.040(A)(1) are eligible for an additional density bonus as set forth in this subsection. a. To be eligible for an additional density bonus, a housing development shall meet the following requirements:
i. The resulting housing development would not restrict more than 50% of the total units to moderate-income, lower income, or very low income households;
ii. The housing development includes additional rental or forsale units affordable to very low income households or moderate income households, and meets any of the following requirements:

A. Conforms to the requirements of Section 9.22.040(A)(1)(a) and provides 24 percent of the total units to lower income households.

B. Conforms to the requirements of Section 9.22.040(A)(1)(b) and provides 15 percent of the total units to very low income households.

C. Conforms to the requirements of Section 9.22.040(A)(1)(d) and provides 44 percent of the total units to moderate-income households.
b. For housing developments that meet the criteria above, the additional density bonus shall be calculated using one of the following tables:

Additional Percentage Very Low
Income Units
Additional Percentage Density Bonus
5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
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10.B.b
Packet Pg. 1118 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 20 Additional Percentage ModerateIncome UnitsAdditional Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.78
13 42.5
14 46.25
15 50
c. The increase required by this subsection shall be in addition to any increase to density granted by Section 9.22.050(A)(1-4). d. The additional density bonus granted under this subsection shall be calculated using the number of units excluding any density bonus awarded by this Chapter.

6. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be entitled to a density bonus as provided by Government Code Section 65915(g).

76. To calculate density bonus for housing developments of 20 units or more that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, all onsite affordable units required by Chapter 9.64 shall be counted as very low-income units up to the highest percentage of density bonus granted under this Chapter and State Density Bonus Law.

C. Calculating Base Density

1. In residential districts, the maximum allowable residential or base density, as defined in 9.22.030(L), shall be determined using dwelling units per acre.

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1119 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 21 2. Except as provided in subsection (3) below, in non-residential districts which do not provide a dwelling-units-per-acre standard for density, the maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.

Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

3. Notwithstanding subsection (2), for any housing development subject to tiered development standards, the maximum allowable residential density shall be based on the maximum number of units allowed for the selected tier in the zoning district. The maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1120 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 22 limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.

Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

D. Calculating Density Bonus.

1. Density bonus shall be calculated by the following formula:

Density bonus = base density X percentage density bonus granted Percentage density bonus granted shall mean the sum of the total granted by Section 9.22.050(B)(1-4) and any additional density bonus granted under Section 9.22.050(B)(5).

2. Except as provided in Section 9.22.050(B)(5), for For purposes of calculating the amount of the density bonus pursuant to subsection B, a housing development is entitled to only one density bonus over maximum allowable residential density or base density. An applicant who requests a density bonus must elect whether DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1121 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 23 the bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e), (f), (g), or (h). Density bonuses from more than one category may not be combined.

3. All density calculations resulting in fractional units will be rounded up to the next whole number.

4. For purposes of calculating a density bonus pursuant to subsection B for a shared housing building, “unit” means one shared housing unit and its pro-rated share of associated common area facilities.

5. For purposes of calculating a density bonus pursuant to subsection B, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

E. Continued Affordability. Prior to issuance of a building permit, an applicant shall agree to continued affordability of restricted affordable units in accordance with Government Code Section 65915(c) and Section 9.64.130, of Chapter 9.64 Affordable Housing Production Program, and the Administrative Guidelines adopted thereto.

9.22.060 Incentives and Concessions for Affordable Housing A. An eligible applicant under Section 9.22.040 may request the following numbers of incentives or concessions in accordance with the procedures set forth in Section

9.22.080:

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10.B.b
Packet Pg. 1122 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 24 Minimum Percentage of Affordable Units Number of Incentives and Concessions Permitted
 5% Very Low,
 10% Low, or
 10% Moderate in for-sale developments
1  10% Very Low,
 17% Low, or
 20% Moderate in for-sale developments
2  15% Very Low,
 24% Low, or
 30% Moderate in for-sale developments
3  16% Very Low, or
 45% Moderate in for-sale developments 4
 100% Affordable Housing Projects or projects
meeting the criteria of Section 9.22.040(A)(1)(g) 54
To calculate the number of incentives and concessions for housing developments of 20 units or more that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, To determine the number of incentives and concessions for housing developments that provide onsite affordable units required by in accordance with Chapter 9.64, Affordable Housing Production Program, all onsite affordable units shall be counted as very low-income units up to the highest amount of incentives and concessions granted by this Chapter 9.22 and State Density Bonus Law.

B. By-Right Incentives or Concessions. Without following the procedures in Section 9.22.080, the Director shall approve requested incentives and concessions as follows:

1. For housing developments in residential zones:
a. Up to a 15% deviation from one side setback requirement. b. Up to a 10% increase in parcel coverage per floor and/or story (one concession per floor and/or story).
c. Up to a 15% deviation from rear setback requirements.

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1123 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 25 d. Up to one additional story and six feet of building height.

2. For housing developments in all non-residential zones:
a. Up to an additional 11 feet of Building Height.
b. Up to a 10% reduction in Minimum Ground Floor height. c. Up to a 50% decrease in private outdoor living area per unit, provided that an equivalent amount is substituted for common outdoor living area. d. Up to a 5% decrease in unit mix requirement for market rate units only.
e. Up to a 10% decrease in residential parking requirement. f. Up to a 10% decrease in long-term residential bicycle parking. g. Additional floor area to accommodate the density bonus units based on project’s average unit size.

3. In addition to the above, for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g) located within one-half mile of a major transit stop or located in a very low vehicle travel area in a designated county:
a. Height increase of up to three additional stories, or 33 feet. This shall not count towards one of the five four incentives or concessions available for 100% Affordable Housing Projects or projects meeting the criteria of Section

9.22.040(A)(1)(g).

C. By Right Parking Incentives. In addition to the above, an eligible project under Section 9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1124 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 26 D. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.

9.22.070 Waiver or Reduction of Development Standards
A. An eligible applicant under Section 9.22.040 may in accordance with the procedures set forth in Section 9.22.080 seek a waiver or reduction of any development standards that will have the effect of precluding the construction of a housing development at the densities or with the concessions or incentives permitted by this Chapter. The eligible applicant shall show that any development standard requested to be waived or modified will have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted by this Chapter.

B. A proposal for a waiver or reduction of development standards pursuant to this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 9.22.060.

C. A housing development that: (i) receives a waiver from any maximum controls on density pursuant to Section 9.22.050(3)(d)(ii) and up to three additional stories or 33 feet in height in accordance with 9.22.060(A)(4), and (ii) is not located in the Pico Neighborhood Area, as outlined in Figure 9.40.020.A, shall be eligible for, and may receive, additional waivers or reductions of development standards in accordance with this Section. Additional waivers or reductions of development standards shall not include additional height or number of stories.

DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1125 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 27 9.22.080 Procedures
The following procedures shall govern the processing of a request for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard:

A. An application for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard pursuant to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications in accordance with applicable State law, including, but not limited to, the Permit Streamlining Act, required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

1. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;

2. Target income of affordable housing units and proposals for ensuring affordability;

3. Description of any requested incentives or concessions, waivers or reductions of development standards, or modified parking standards. a. For all incentives or concessions that are not included within the menu of incentives or concessions set forth in subsections B and C of Section

9.22.060, the application shall include adequate information for the City to make a determination documentation providing evidence that the requested DocuSign Envelope ID: 35D8F18F-23AC-4E97-BC25-856159497146

10.B.b
Packet Pg. 1126 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 28 incentives and concessions result in identifiable and actual cost reductions. The documentation shall include all of the following items:
a. The identifiable and actual cost reduction achieved through the incentive or concession;
b. Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and
c. Other documentation requested by the Director. The Director may require that any documentation include such other information as is required to evaluate the documentation as deemed necessary by the Director. b4.For any requested waiver or reduction of a development standard, the applicant shall provide adequate information for the City to make a determination that evidence that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the residential project with the density bonus incentives requested.;

45. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be donated provide proof of site control, and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(g) can be made; and

56. If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made.

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10.B.b
Packet Pg. 1127 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 29 B. In accordance with State law, neither the granting of a concession or incentive, or waiver or reduction, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a General Plan amendment, Zoning Ordinance, Variance, or other discretionary approval.

C. For housing developments requesting an incentive or concession not included within the menu of by-right incentives or concessions listed in subsections B and C of Section 9.22.060 or a waiver or reduction pursuant to Section 9.22.070, the following shall apply:

1. The Director shall grant the concession or incentive requested by the applicant unless the Director makes a written finding, based upon substantial evidence, of any of the following:
a. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units; or b. The concession or incentive will have a specific, adverse impact upon public health and safety, or on the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate income households; or
c. The concession or incentive would be contrary to State or Federal law.

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10.B.b
Packet Pg. 1128 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) 30 2. The Director shall grant the waiver or reduction if the development standard will have the effect of physically precluding the construction of a housing development at the densities permitted under Section 9.22.050, or with the concessions or incentives permitted under Section 9.22.060. Notwithstanding the foregoing, the Director shall not be required to grant a waiver or reduction if:
a. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; b. The waiver or reduction would have an adverse impact on real property that is listed in the California Register of Historical Resources; c. The waiver or reduction would be contrary to State or Federal law.

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10.B.b
Packet Pg. 1129 Attachment: Resolution Number 24-001 (PCS), Planning Commission Resolution (6171 : State Density Bonus Ordinance) To: Mayor Brock, Mayor Pro Tem Negrete and Councilmembers From: Planning Commission
Date: April 17, 2024
Re: Local Density Bonus Program for Off-Site Affordable Housing The Planning Commission requests that the City Council direct staff to engage the community in preparing an ordinance to create a local density bonus program which allows inclusionary housing requirements to be met with off-site affordable units. A separate ordinance to establish a local density bonus program with an offsite option is necessary because State Density Bonus Law does not allow this option. But Santa Monica has a long history of allowing inclusionary units to be developed off-site. Since its creation in the 1990’s, the City’s Affordable Housing Production Program has permitted this off-site option. The Commission is asking that this option be extended to housing projects using density bonuses regardless of the size of the density bonus to be used. This recommendation will not result in more density than that allowed currently under State Law.

It is important to allow for an off-site option because the developers’ direct financial contribution to 100% affordable housing projects or, alternatively, developers’ financial contribution to the Housing Trust Fund will provide a critical source of funding and leveraging potential for meeting the City’s RHNA goals. As the City Council knows, the current status of the Housing Trust Fund balance is inadequate to meet these goals. While the disposition of City-owned property for affordable housing development will certainly help, it too is not enough to meet the RHNA production goals.

SUMMARY
The Commission’s recommendation is based on the following reasons.

1. Developers’ off-site contribution to 100% affordable housing projects will improve the economic feasibility of these projects in an era of declining State and local housing finance sources. Due to the State’s significant budgetary shortfall, the Governor’s proposed FY 24-25 Budget slashes funding for HCD’s Multifamily Housing Program by seventy-five percent and reduces the

10.B.c
Packet Pg. 1130 Attachment: Planning Commission Recommendation Letter for Local Off-Site Density Bonus Program (6171 : State Density Bonus Ordinance) State’s Low Income Tax Credit Program by $500 million. Both State programs have been used extensively by our nonprofit housing providers to finance 100% affordable housing projects.

2. The City is no longer allowed to require parking in its approval of new housing projects. It is a widely accepted fact, among affordable housing providers and their residents, that lower income families have a greater need for access to an automobile, largely due to the nature of their employment. Affordable housing developers understand that and provide parking in their new projects although it is not required. Developers of mixed income housing need not provide parking for residents of their on-site inclusionary units. For example, the proposed mixed income project at 700 Santa Monica Boulevard has no parking for residents.

3. Affordable housing projects are designed and built to provide services directed toward the needs of affordable housing residents. These include community rooms for workshops and tenant meetings, garden areas, outdoor play areas, and offices for service providers. The developers of mixed income housing projects are not mission-driven to serve lower income people and have no economic incentive to do so.

4. The City fell short of meeting its 5th Cycle lower income RHNA goals although it exceeded the market rate production by 250%. Developers’ offsite funding of 100% affordable housing units will enable the leveraging of Federal and State funding sources and will, therefore, result in the production of a larger number of lower income units. Relying on onsite inclusionary units will contribute very little to the City’s meeting its 6th cycle lower income goals. In fact, the City has already fallen behind in low income housing production in the 6th Cycle and is therefore subject to SB 35/423 sanctions.

Thank you for your consideration. We are available to address any questions or concerns you may have.

10.B.c
Packet Pg. 1131 Attachment: Planning Commission Recommendation Letter for Local Off-Site Density Bonus Program (6171 : State Density Bonus Ordinance) 1 David Yakobson
From: Theresa Marasco <[email protected]>
Sent: Tuesday, April 23, 2024 12:00 PM
To: councilmtgitems; David White; Phil Brock; Lana Negrete; Christine Parra; Oscar de la Torre; Caroline Torosis; Jesse Zwick; Gleam Davis
Subject: 4-23-2024 City Council Agenda Item 10B
Attachments: Inclusionary Housing Fact Sheet.pdf

EXTERNAL
Dear Mayor Brock, Vice Mayor Negrete, and City Council Members, This is an urgent call to slow down the process of reviewing item 10B as it will eviscerate inclusionary housing and force all low-income people into deeper segregation in the City.

This ordinance seeks to eliminate inclusionary housing, taking away HOUSING CHOICE and violates FAIR HOUSING LAWS, and is an act of deepening the discriminatory redlining practices that Santa Monica already has serious issues with. See the description below taken from the attachment to be included with my comment:
"Inclusionary housing is used in hundreds of communities across the country to create units that are affordable to lower-income households in new market-rate residential developments. More than 170 cities and counties in California have used inclusionary-housing policies to help address affordable-housing needs while advancing equitable-development goals.

Inclusionary policies capture some of the value of rising real-estate prices to provide community benefits by using local land-use controls to ensure that much needed affordable-housing units are produced along with market-rate units and that the limited supply of developable land is put to work in a way that serves households at all income levels.

Inclusionary housing – also referred to as “inclusionary zoning”– is a flexible tool that can be tailored to local circumstances. There is no one “model” inclusionary-housing policy,but rather a number of best practices to consider when adopting or amending an ordinance.

This factsheet explores the range of policy options to consider when designing a local inclusionary ordinance and highlights best practices that maximize community benefits and fulfill policy goals.

An inclusionary-housing ordinance is one part of an equitable-development strategy, and should not be viewed as the sole way to address affordable-housing needs. In most communities,building the needed amount of housing for lower-income families will still require public subsidies and must be integrated with other strategies." Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

10.B.g
Packet Pg. 1132 Attachment: Written Comments (6171 : State Density Bonus Ordinance) 2 I ask that there be a full public engagement process on this ordinance. All neighborhood groups should be engaged, Boards and Commissions should have an opportunity to review it and ask important questions and make recommendations.

This ordinance was crafted in the dark by Planning Commissioners Leslie Lambert and Josh Hamilton. Josh Hamilton has a clear conflict and should not have been working on this ordinance as he works in financing 100% Affordable Housing.

To help
protect your
privacy,
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prevented
auto matic
download of
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from the
Internet.

Very truly yours,
Theresa H. Marasco
(720) 226-4051
Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1133 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1134 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1135 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1136 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1137 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1138 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1139 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1140 Attachment: Written Comments (6171 : State Density Bonus Ordinance) Item 10-B
April 23, 2024
Item 10-B
April 23, 2024

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Packet Pg. 1141 Attachment: Written Comments (6171 : State Density Bonus Ordinance) City Council
Update to State Density Bonus Law due to AB1287
April 23, 2024

10.B.h
Packet Pg. 1142 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) Presentation Overview
Key Provisions of Assembly Bill 1287 (AB 1287)
• Updates State Density Bonus Law, effective January 1, 2024 • Authorizes potential for 100% bonus on project’s base density in exchange for additional very-low or moderate income affordable units
• Additional moderate income units are allowed to be rental units Planning Commission Recommendation

10.B.h
Packet Pg. 1143 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) What Does the AHPP Require?
Number of Units in
the Project
On-Site Requirement Off-Site Option (in
lieu of on-site
requirement)
2-5 units Pay the Affordable Housing Fee. Projects that provide an affordable housing unit in accordance
with State Density Bonus Law are not required to pay
the Affordable Housing Fee.
--
6-19 units 15% affordable units for up to 80% income
households
--
20 units or more 15% affordable units with even distribution across 50% AMI, 80% AMI, and Moderate Income
20% affordable units at
50% or 80% AMI

10.B.h
Packet Pg. 1144 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) How Much Bonus Can a Housing Project Receive?
• State Density Bonus requires the
City to grant an initial density
bonus based on the percentage
of on-site affordable units
• Per HCD direction, meeting the
AHPP’s requirement of 15% onsite affordable units evenly split across Very Low, Low and
Moderate Income qualifies a
project for the 50% density bonus
Excerpt from State Density Bonus table (Gov Code 65915) Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
Density Bonus #1

10.B.h
Packet Pg. 1145 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) Under AB 1287 - How Much Bonus Can a Housing
Project Receive?
• State Density Bonus
requires the City to grant an
additional density bonus if
additional moderate
income or very-low income
units are provided
• Project must have provided
the maximum percentage
of on-site affordable units
to achieve the maximum
initial density bonus
Excerpt from State Density Bonus table
(Gov Code 65915)
Percentage Moderate
Income Units
Percentage
Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
Developer Can Choose Either Table for Additional Bonus
Excerpt from State Density Bonus table
(Gov Code 65915)
Percentage Very Low Income
Units
Percentage
Density Bonus
5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
OR

10.B.h
Packet Pg. 1146 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) Can SDBL’s Development Bonus Exceed
a City’s General Plan and Zoning?
• Yes. SDBL requires that a density bonus be granted, even if it goes beyond a City’s General Plan and Zoning maximum limits.

10.B.h
Packet Pg. 1147 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) Can an Incentive/Concession or Waiver be denied?
• Yes, however SDBL and recent legal decisions govern this • Incentives/Concessions
• The City must demonstrate that the incentive/concession would not result in cost reductions
• City may request reasonable documentation but has very limited ability to require what information is submitted by an applicant to support their request - AB 1287 has further restricted this
• Waivers
• City cannot deny a waiver if the development standard would prevent the construction of a project including any State density bonus and requested incentives/concessions. • As confirmed by recent legal decisions and HCD guidance, the legal standard is very high and difficult to demonstrate

10.B.h
Packet Pg. 1148 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) AHPP + State Density Bonus Work Together
By providing on-site affordable units as required by the City’s AHPP, market-rate housing projects receive: • Up to 50% density bonus
By providing up to 15% additional moderate-income units on-site, market-rate housing projects receive: • Up to an additional 50% density bonus = potential 100% density bonus and may request: • Up to 3 incentives/concessions
• Unlimited waivers
• To qualify for possible 100% density bonus, end result is housing project with • 5% Very Low Income
• 5% Low Income
• 20% Moderate Income

10.B.h
Packet Pg. 1149 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) • Base Project as allowed by
local zoning standards
• 100 unit base project
100 Units
Base Project as
allowed by local
zoning standards
Base
Units
Bonus
Units
Market
Rate
Affordable
Units
%
Very Low
%
Low
%
Moderate
100 -- -- -- -- -- --
Step 1: AHPP + Density Bonus

10.B.h
Packet Pg. 1150 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) 100 Units
15 units
on-site affordable
Base Project +
On-Site Affordable Units
Required 15% Affordable
Base
Units
Bonus
Units
Market
Rate
Affordable
Units
%
Very Low
%
Low
%
Moderate
100 -- 85 15555
• 100 unit base project • AHPP Requirement – 15%
evenly split • 5% Very Low • 5% Low • 5% Moderate Income Step 2: AHPP + Density Bonus

10.B.h
Packet Pg. 1151 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) 100 Units
50 Bonus Units
as required
by State law
(50% of 100
base units)
Base Project +
On-site Affordable Units +
Bonus Units
15 units
on-site affordable
Base
Units
Bonus
Units
Market
Rate
Affordable
Units
%
Very Low
%
Low
%
Moderate
100 50 135 15 5 5 5 Incentives/Concessions or
Waivers apply to
accommodate bonus units
(Example standards:
• 100 unit base project building height, floor area)
• AHPP Requirement – 15%
evenly split
• Density Bonus – 50%
• 150 unit proposed project
Step 3: AHPP + Density Bonus
Effectively 10% affordable

10.B.h
Packet Pg. 1152 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) 100 Units
Incentives/Concessions or
Waivers apply to
accommodate bonus units
(Example standards:
building height, floor area)
50 Bonus Units
as required
by State law
(50% of 100 base
units)
Base Project +
Very Low Affordable Units +
Moderate Affordable Units +
Extra Bonus Units
30 units
on-site affordable
Addtl 50 Bonus Units
as required
by State law
(50% of 100 base
units)
Effectively 15% affordable
Base
Units
Bonus
Units
Market
Rate
Affordable
Units
%
Very Low
%
Low
%
Moderate
100 100 170 30 5 5 20
• 100 unit base project
• AHPP Compliance – 15%
evenly split
• AB 1287 Benefits – Additional
15% Moderate Income
• Density Bonus #1 – 50%
• Density Bonus #2 – 50%
• 200 unit proposed project
Step 4: AHPP + Stackable Density Bonus
per AB 1287

10.B.h
Packet Pg. 1153 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) 100 Units
Base Project as
allowed by local
zoning standards
100 Units 100 Units
50 Bonus Units
as required
by State law
(50% of 100
base units)
Base Project +
On-site Affordable Units +
Bonus Units
Incentives/Concessions or
Waivers apply to
accommodate bonus units
(Example standards:
building height, floor area)
Base Project +
On-Site Affordable Units
Required 15% Affordable
100 Units
50 Bonus Units
as required
by State law
(50% of 100 base
units)
Base Project +
Very Low Affordable Units +
More Moderate Affordable Units +
Extra Bonus Units
Addtl 50 Bonus Units
as required
by State law
(50% of 100 base
units)
Effectively 15% affordable
Addtl 15% Moderate
Tying It All Together – AB 1287
30 units
on-site affordable
15 units
on-site affordable
15 units
on-site affordable

10.B.h
Packet Pg. 1154 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) Planning Commission Recommendation
• Adopt ordinance as proposed for consistency with AB1287 • Memo to Council requesting that Council direct staff to create a local density bonus program if a housing project provides off-site affordable units • What such a program would accomplish
• Justifications for the request
Considerations to evaluate request
• Local density bonus program would need to be more attractive than AB1287 and would have a lot of policy flexibility
• Not necessary for Housing Element implementation due in October 2024 • Could support more affordable units off-site

10.B.h
Packet Pg. 1155 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) Recommended Council Action

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. Introduce for First Reading of an Ordinance amending the text of the Zoning Ordinance to update provisions related to the implementation of State Density Bonus Law for consistency with recent amendments to State Law adopted by AB 1287 and make other minor changes, corrections, and clarifications

3. Provide direction regarding the Planning Commission’s recommendation regarding a potential local density bonus program for projects that provide off-site affordable housing

10.B.h
Packet Pg. 1156 Attachment: PowerPoint Presentation (6171 : State Density Bonus Ordinance) City Council
Report
City Council Meeting: April 23, 2024
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Recommendation to rescind the appointment of Courtney Lauretano to the Housing Authority Board for failure to attend meetings since appointment; and, authorization for the City Clerk to publish vacancy.

Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Email Communication

16.A
Packet Pg. 1157
1 Xavier Mota
From: Form700
Sent: Thursday, March 14, 2024 9:35 AM
To: C L
Subject: RE: NOTICE - ANNUAL STATEMENT OF ECONOMIC INTERESTS (FORM 700) DUE 4/01/2024 Good morning,
Thank you for the response. Sorry to hear about your situation.

I will make note that you never assumed office and will remove you from additional reminders about the Form 700.

Take care.

Esterlina Lugo, CMC
Deputy City Clerk
City of Santa Monica
City Clerk’s Office
From: C L <[email protected]>
Sent: Friday, March 8, 2024 5:26 PM
To: Form700 <[email protected]>
Subject: Re: NOTICE - ANNUAL STATEMENT OF ECONOMIC INTERESTS (FORM 700) DUE 4/01/2024

EXTERNAL
Good afternoon,
I’ve never assumed the position for this job. As it stood I was titled for the position and nominated. But I was constructively evicted from my home. Endured illegal rent increases and was forced to forfeit/ recind my HOME housing assistance by your housing authority. I became homeless as of 10/31/2023 and am not currently housed or reside in the city of Santa Monica.

Due to never filing for the initial formality of taking on the role. I don’t believe the procurement of these documents are necessary.

Courtney Rose Lauretano
On Fri, Mar 8, 2024 at 12:20 PM Form700 <[email protected]> wrote:

Good afternoon,

16.A.a
Packet Pg. 1158 Attachment: Email Communication (6378 : Rescind HAB Appointment: C. Lauretano) 2 It’s that time of year again to e-file your annual Form 700. Forms must be filed electronically through Netfile no later than Monday, April 1, 2024. Paper filings are not accepted. Failure to file statements in a timely manner may result in penalties including, but not limited to, late fines.

For instructions on how to file electronically, please see the attached notice. If you encounter any issues logging in, please respond to this email for assistance.

Thank you,
Esterlina Lugo, CMC
Deputy City Clerk
City of Santa Monica
City Clerk's Office

16.A.a
Packet Pg. 1159 Attachment: Email Communication (6378 : Rescind HAB Appointment: C. Lauretano) City Council
Report
City Council Meeting: April 23, 2024
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Request by Mayor Brock to direct the City Manager, City Attorney, and City Clerk to return with an amendment to the Council Rules to provide that Council 16 items may be handled like consent items, with the Council voting on them as one item, except for Council appointments to boards, commissions, and other bodies, and except for certain items that may be pulled for discussion at the Council meeting.

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council

16.B
Packet Pg. 1160
City Council
Report
City Council Meeting: April 23, 2024
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Request of Councilmember de la Torre that the City Council allocate $5000 from its discretionary funds to the Association of Mexican American Educators in support of the Samohi Latino Graduation, organized by student group Legado Latino. These funds will assist in covering event expenses such as stoles, medals, diplomas, food and drinks, and entertainment. This event offers students a chance to celebrate their accomplishments and showcase their vibrant cultural heritage to the local community.

Prepared By: Nikima Newsome, Interim City Clerk
Approved Forwarded to Council
Attachments:

A. Discretionary Funds as of 4.18.24

16.C
Packet Pg. 1161
Council Discretionary Funds
as of 4‐18‐24
Sources (All Available Funds are start of FY 2023‐24):

Amount
Unspent and uncommitted funds from prior year $         29,769.72 FY 2023‐24 ‐ New Appropriation 125,150.00
Reappropriation of unused travel funds to Council discretionary funds 9,762.00               Council meeting, 10/24/23, Item 11A One‐time appropriation included in midyear budget staff report            50,000.00 Council meeting, 2/27/24, Item 11B Total unspent funds and new appropriation 214,681.72 $
Uses (Programmed Discretionary Funds):

Description Amount Programmed Date
Santa Monica Pony League to repair scoreboard at Los Amigos Park $          (5,000.00) Rollover programmed from prior year Ocean Park Association for Annual 4th of July Parade (15,000.00)            Budget Adoption FY 2023‐24, 6/27/23 Business Improvement District (BID) Annual Support (29,000.00)            Budget Adoption FY 2023‐24, 6/27/23 Pico Youth and Family Center (PYFC) Car Show (7,000.00)              Council meeting, 8/22/23, Item 16F Expenses to host delegation of municipal and business leaders from Sister City Mazatlan, Mexico (2,000.00)              Council meeting, 8/22/23, Item 16G Westside Coalition for Martin Luther King, Jr. Celebration (9,000.00)              Council meeting, 8/22/23, Item 16H Provide financial assistance for travel expenses to Germany for Samohi Symphony Orchestra (15,000.00)            Council meeting, 10/24/23, Item 16C Provide financial assistance for travel expenses to San Francisco for Lincoln Middle School band, orchestra, and choir
(5,000.00)
Council meeting, 10/24/23, Item 16D
Provide funds for the Girl Central, Rockstar Kids, and Peace Camp community programs operated by Church in Ocean Park
(10,000.00) Council meeting, 11/28/23, Item 16B
Offset travel expenses for Samohi Co‐Ed Wrestling Team             (5,000.00) Council meeting, 11/28/23, Item 16C Provide financial support to seniors aspiring to attend college in the form of application fees, scholarships, and other costs associated with the transition to college. (18,000.00) Council meeting, 1/23/24, Item 16F
Provide support to the Santa Monica High School Choir program to aid students in participating in performances in cathedrals across Spain, including Barcelona, Burgos, and Madrid. (20,000.00) Council meeting, 2/27/24, Item 16A
Provide additional funds to Business Improvement Districts (BIDs) for programs and events that promote local businesses and build community
(15,000.00) Council meeting, 3/19/24, Item 16F
Provide funds to Crow Comedy, Inc. to produce a LGBTQ+ storytelling class and showcase as part of Santa Monica Pride
(10,000.00) Council meeting, 3/19/24, Item 16H
Provide funds to support the library, specifically programming around Pico Branch's Anniversary, Yallwest teen book festival, and the Arts & Literacy Festival (10,000.00) Council meeting, 4/9/24, Item 16A
Provide funds to Santa Monica High School Grad Nite to support a safe and fun graduation night for seniors
(20,000.00) Council meeting, 4/9/24, Item 16B
Provide funds to Santa Monica College for expenses related to the inaugural Santa Monica Digital New Arts Festival – a six‐month long festival that celebrates the synthesis of art and science (10,000.00) Council meeting, 4/9/24, Item 16F
Total Programmed (205,000.00) $
Unprogrammed Balance Available 9,681.72 $
4/18/2024

16.C.a
Packet Pg. 1162 Attachment: Discretionary Funds as of 4.18.24 (6386 : SaMoHigh Latino Graduation) City Council
Report
City Council Meeting: April 23, 2024
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Request of Councilmember de la Torre that the City Council authorize use of existing travel funds to cover the costs (registration and travel expenses) of participating in the NALEO 41st Annual Conference, taking place June 18-20, 2024 in Las Vegas, NV. This annual conference provides an opportunity for Latino leaders from all across the country to network, exchange perspectives, and foster solutions around the most pressing policy issues affecting our communities today.

Prepared By: Nikima Newsome, Interim City Clerk
Approved Forwarded to Council
Attachments:

A. Discretionary Funds as of 4.18.24

16.D
Packet Pg. 1163
Council Discretionary Funds
as of 4‐18‐24
Sources (All Available Funds are start of FY 2023‐24):

Amount
Unspent and uncommitted funds from prior year $         29,769.72 FY 2023‐24 ‐ New Appropriation 125,150.00
Reappropriation of unused travel funds to Council discretionary funds 9,762.00               Council meeting, 10/24/23, Item 11A One‐time appropriation included in midyear budget staff report            50,000.00 Council meeting, 2/27/24, Item 11B Total unspent funds and new appropriation 214,681.72 $
Uses (Programmed Discretionary Funds):

Description Amount Programmed Date
Santa Monica Pony League to repair scoreboard at Los Amigos Park $          (5,000.00) Rollover programmed from prior year Ocean Park Association for Annual 4th of July Parade (15,000.00)            Budget Adoption FY 2023‐24, 6/27/23 Business Improvement District (BID) Annual Support (29,000.00)            Budget Adoption FY 2023‐24, 6/27/23 Pico Youth and Family Center (PYFC) Car Show (7,000.00)              Council meeting, 8/22/23, Item 16F Expenses to host delegation of municipal and business leaders from Sister City Mazatlan, Mexico (2,000.00)              Council meeting, 8/22/23, Item 16G Westside Coalition for Martin Luther King, Jr. Celebration (9,000.00)              Council meeting, 8/22/23, Item 16H Provide financial assistance for travel expenses to Germany for Samohi Symphony Orchestra (15,000.00)            Council meeting, 10/24/23, Item 16C Provide financial assistance for travel expenses to San Francisco for Lincoln Middle School band, orchestra, and choir
(5,000.00)
Council meeting, 10/24/23, Item 16D
Provide funds for the Girl Central, Rockstar Kids, and Peace Camp community programs operated by Church in Ocean Park
(10,000.00) Council meeting, 11/28/23, Item 16B
Offset travel expenses for Samohi Co‐Ed Wrestling Team             (5,000.00) Council meeting, 11/28/23, Item 16C Provide financial support to seniors aspiring to attend college in the form of application fees, scholarships, and other costs associated with the transition to college. (18,000.00) Council meeting, 1/23/24, Item 16F
Provide support to the Santa Monica High School Choir program to aid students in participating in performances in cathedrals across Spain, including Barcelona, Burgos, and Madrid. (20,000.00) Council meeting, 2/27/24, Item 16A
Provide additional funds to Business Improvement Districts (BIDs) for programs and events that promote local businesses and build community
(15,000.00) Council meeting, 3/19/24, Item 16F
Provide funds to Crow Comedy, Inc. to produce a LGBTQ+ storytelling class and showcase as part of Santa Monica Pride
(10,000.00) Council meeting, 3/19/24, Item 16H
Provide funds to support the library, specifically programming around Pico Branch's Anniversary, Yallwest teen book festival, and the Arts & Literacy Festival (10,000.00) Council meeting, 4/9/24, Item 16A
Provide funds to Santa Monica High School Grad Nite to support a safe and fun graduation night for seniors
(20,000.00) Council meeting, 4/9/24, Item 16B
Provide funds to Santa Monica College for expenses related to the inaugural Santa Monica Digital New Arts Festival – a six‐month long festival that celebrates the synthesis of art and science (10,000.00) Council meeting, 4/9/24, Item 16F
Total Programmed (205,000.00) $
Unprogrammed Balance Available 9,681.72 $
4/18/2024

16.D.a
Packet Pg. 1164 Attachment: Discretionary Funds as of 4.18.24 (6387 : NALEO Annual Conference) City Council
Report
City Council Meeting: April 23, 2024
Agenda Item: 16.E
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Request of Vice Mayor Negrete and Councilmember Parra that the City Council: 1) allocate up to $4681.72 from the Council Discretionary funds to cover costs associated with the rental of sound systems, a small stage, chairs, and related expenses for the Memorial Day event the Elks Lodge and American Legion Post are hosting at Woodlawn Cemetery in Santa Monica on May 27, 2024 to honor and pay tribute to those who have bravely fought to protect our nation, and 2) direct the City Manager to promote the event on the City’s social media platforms.

Prepared By: Nikima Newsome, Interim City Clerk
Approved Forwarded to Council
Attachments:

A. Discretionary Funds as of 4.18.24

16.E
Packet Pg. 1165
Council Discretionary Funds
as of 4‐18‐24
Sources (All Available Funds are start of FY 2023‐24):

Amount
Unspent and uncommitted funds from prior year $         29,769.72 FY 2023‐24 ‐ New Appropriation 125,150.00
Reappropriation of unused travel funds to Council discretionary funds 9,762.00               Council meeting, 10/24/23, Item 11A One‐time appropriation included in midyear budget staff report            50,000.00 Council meeting, 2/27/24, Item 11B Total unspent funds and new appropriation 214,681.72 $
Uses (Programmed Discretionary Funds):

Description Amount Programmed Date
Santa Monica Pony League to repair scoreboard at Los Amigos Park $          (5,000.00) Rollover programmed from prior year Ocean Park Association for Annual 4th of July Parade (15,000.00)            Budget Adoption FY 2023‐24, 6/27/23 Business Improvement District (BID) Annual Support (29,000.00)            Budget Adoption FY 2023‐24, 6/27/23 Pico Youth and Family Center (PYFC) Car Show (7,000.00)              Council meeting, 8/22/23, Item 16F Expenses to host delegation of municipal and business leaders from Sister City Mazatlan, Mexico (2,000.00)              Council meeting, 8/22/23, Item 16G Westside Coalition for Martin Luther King, Jr. Celebration (9,000.00)              Council meeting, 8/22/23, Item 16H Provide financial assistance for travel expenses to Germany for Samohi Symphony Orchestra (15,000.00)            Council meeting, 10/24/23, Item 16C Provide financial assistance for travel expenses to San Francisco for Lincoln Middle School band, orchestra, and choir
(5,000.00)
Council meeting, 10/24/23, Item 16D
Provide funds for the Girl Central, Rockstar Kids, and Peace Camp community programs operated by Church in Ocean Park
(10,000.00) Council meeting, 11/28/23, Item 16B
Offset travel expenses for Samohi Co‐Ed Wrestling Team             (5,000.00) Council meeting, 11/28/23, Item 16C Provide financial support to seniors aspiring to attend college in the form of application fees, scholarships, and other costs associated with the transition to college. (18,000.00) Council meeting, 1/23/24, Item 16F
Provide support to the Santa Monica High School Choir program to aid students in participating in performances in cathedrals across Spain, including Barcelona, Burgos, and Madrid. (20,000.00) Council meeting, 2/27/24, Item 16A
Provide additional funds to Business Improvement Districts (BIDs) for programs and events that promote local businesses and build community
(15,000.00) Council meeting, 3/19/24, Item 16F
Provide funds to Crow Comedy, Inc. to produce a LGBTQ+ storytelling class and showcase as part of Santa Monica Pride
(10,000.00) Council meeting, 3/19/24, Item 16H
Provide funds to support the library, specifically programming around Pico Branch's Anniversary, Yallwest teen book festival, and the Arts & Literacy Festival (10,000.00) Council meeting, 4/9/24, Item 16A
Provide funds to Santa Monica High School Grad Nite to support a safe and fun graduation night for seniors
(20,000.00) Council meeting, 4/9/24, Item 16B
Provide funds to Santa Monica College for expenses related to the inaugural Santa Monica Digital New Arts Festival – a six‐month long festival that celebrates the synthesis of art and science (10,000.00) Council meeting, 4/9/24, Item 16F
Total Programmed (205,000.00) $
Unprogrammed Balance Available 9,681.72 $
4/18/2024

16.E.a
Packet Pg. 1166 Attachment: Discretionary Funds as of 4.18.24 (6388 : Elks Lodge Memorial Day Event)