City Council
Report
City Council Meeting: September 9, 2025
Agenda Item: 11.B
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To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Establishment of a Self-Certification Pilot Program and Introduction and First Reading of Ordinances to (1) Amend Santa Monica Municipal Code Chapter
8.108 to revise the Construction and Demolition Material Recycling Compliance Process and to transition from a deposit-based system to a finebased enforcement approach, and (2) Establish Interim Zoning Regulations Updating Applicability Thresholds and Standards for Resource and Recycling Room Dimensions to; and Adopt a Resolution of Intention to Amend the Text Section 9.21.130 of the Zoning Ordinance Related to Resource Recovery and Recycling Standards
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15061(b)(3).
2. Introduce for First Reading an Ordinance amending Santa Monica Municipal Code Chapter 8.108, Subpart B, to amend the construction and demolition material recycling compliance process and to transition from a deposit-based system to a fine-based enforcement approach.
3. Introduce for First Reading an Interim Zoning Ordinance updating applicability thresholds and standards for resource and recycling room dimensions set forth in Santa Monica Municipal Code Section 9.21.130 in order to further economic recovery efforts by facilitating a self-certification building permit program.
4. Adopt a Resolution of Intention directing the Planning Commission to initiate amendments to the text of Section 9.21.130 of the City’s Zoning Ordinance to update applicability thresholds and resource and recycling room dimensions in order to further economic recovery efforts by facilitating a self-certification building permit program.
Summary
On February 11, 2025, City Council directed staff to create a self-certification pilot program allowing building permits for “non-structural commercial tenant improvements, 2 of 17
single-family home improvements, and accessory dwelling units” to bypass the normal plan review process and receive approval within one to five business days.
Staff has studied programs from other cities and developed a program that is proposed to be piloted in three phases:
• Phase 1: Commercial Non-Structural Tenant Improvement (no change of use, no food and beverage use, and potentially no tenant improvements over 5,000 square feet)
• Phase 2: Detached Accessory Dwelling Units (ADUs)
• Phase 3: Single Unit Dwellings – new and additions
The self-certification program would fully remove plan check review for the identified project types ensuring that qualifying projects will be able to move into construction within a few days. For Phase 1 implementation, commercial non-structural tenant improvements make up approximately one-third of plan checks and may help alleviate some staff workload issues, addressing Council’s direction. The self-certification program would shift the responsibility for determining compliance with all codes to a licensed architect, who would certify that the project complies with:
• Building Code requirements;
• Zoning Ordinance requirements;
• Public Works requirements including Resource Recovery and Recycling (RRR), Engineering, Office of Sustainability and the Environment (OSE), and Water Resources; and
• Fire requirements.
The licensed professional would be required to sign an agreement assuming full risk and responsibility for the permitted plan and taking on full liability for compliance.
This report provides an overview of staff’s recommended first phase of this pilot program, which will be open to non-structural commercial tenant improvements (“TIs”) that do not propose a change of use, do not include food and beverage uses, and may exclude commercial TIs over 5,000 square feet if trash enclosure upgrades are needed. 3 of 17
To help facilitate this program, staff proposes amendments to the construction and demolition material recycling compliance process and trash enclosure applicability and dimensions in Articles 8 and 9, respectively. These changes will simplify the overall process, create objective standards, and provide greater transparency.
Discussion
On February 11, 2025, City Council provided the following direction for staff to develop a voluntary self-certification pilot program (“Program”) in order to expedite the issuance of certain building permits:
“Request of Councilmember Zwick, Mayor Negrete, and Mayor Pro Tem Torosis that the City Council direct the City Manager and City Attorney to expedite the issuance of Building Permits in Santa Monica without reducing building integrity and still adhering to life and safety requirements through the development of a Voluntary Self-Certification Pilot Program for non-structural commercial tenant improvements, single-family home improvements, and accessory dwelling units. The Self-Certification Program shall allow Licensed Professionals who agree to self-certify that building plans are compliant with all California codes and local ordinances to bypass the normal plan review process and get approval for permits in one to five business days, facilitating our city’s economic recovery and reducing the workload on plan check professionals, allowing them to focus on the more complex projects that require their attention. City staff shall return to City Council with recommendations for program design and implementation within six months.”
Over the last six months, an interdepartmental team from City Planning, Building and Safety, Fire, Inspections, Mobility, Resource Recovery & Recycling (RRR), Engineering, Water Resources, Office of Sustainability & the Environment (OSE), Rent Control, and City Attorney’s Office have worked on the development of a program removing all staff review, except for inspections, from the building permit process. Through this coordination, a phased approach to implement this Program was decided upon to allow staff to analyze and amend the Program before expanding into more complex scopes of 4 of 17
work. As non-structural commercial tenant improvements (“TIs”) already are not reviewed by all departments, there was less risk associated with using this permit type to pilot the first phase of this Program. Additionally, commercial TIs comprise approximately 36% of the building permits submitted to the City. Therefore, this first phase has the potential to have a significant impact on the City’s economic recovery efforts and reduce staff workload on relatively minor projects so that more staff time can be focused on complex projects that require more time and expertise, as is Council’s goal for this Program.
Below is an overview of the proposed Program, including recommended limitations and expansions and other mechanisms necessary for implementation, as well as a comparative analysis of other jurisdictions offering self-certification programs.
Review of Other Self-Certification Programs
In the creation of this Program, staff have also reviewed other jurisdictions that offer self-certification. Key takeaways from this review include the following:
• All jurisdictions require some type of qualifying process. 5 of 17
• The jurisdictions within the Los Angeles area limit the scope to single-unit dwellings impacted by the Eaton and Palisades fires.
• All jurisdictions only eliminate building code review.
Staff reviewed five jurisdictions, but the table below provides an overview of the four jurisdictions with the most information available online (New York City had limited information).
Jurisdiction
Scope of SelfCertification Code
Review
Eligible Projects for
Self-Certification
Program
Applicant PreQualification
Requirements
City of Los Angeles
Removal of only
Building Code
Review
Single-Unit Dwelling &
associated structures
impacted by Eaton or
Palisades Fire
ICC Exam
County of Los
Angeles
Removal of only
Building Code
Review
Single-Unit Dwelling &
associated structures
impacted by Eaton or
Palisades Fire
3 permits
completed in
County
City of Chicago
Removal of only
Building Code
Review
Small- and mid-sized
residential &
commercial projects
City-conducted
training every 2
years
San Diego County
Removal of only
Building Code
Review
Commercial TIs,
minor grading
City-conducted
training
City of Santa
Monica (Proposed)
Removal of ALL
city plan review
Phase 1: Nonstructural commercial
TIs
3 permits
completed in City
in last 15 years
Phase 1 Scope – Commercial Non-Structural TIs (No Change of Use) and Special Events Structures
Projects eligible for the first phase of this Program will include non-structural, commercial TIs. Non-structural commercial TIs include projects that are only proposing work entirely within existing buildings with no structural or exterior changes (i.e. façade remodels, window replacements, and changes to parking and loading operations).
These projects are generally for new tenants or existing businesses updating their tenant spaces.
In addition to non-structural, commercial TIs, staff proposes to include building permits for structures associated with special events and temporary use permits to be eligible in 6 of 17
this phase. This expansion is aligned with prior Council direction as it will contribute to greater streamlining efforts for events and pop-up activations in the city.
However, in reviewing projects that would qualify under this first phase, staff proposes the following three project types be excluded from Program eligibility for the reasons provided below:
1. Commercial Non-Structural TI Projects Proposing a Change of Use o Reasons for exclusion:
▪ Requires California Coastal Commission review and approval if located within the Coastal Zone
▪ Necessitates additional technical review and fee assessments from Building & Safety, Civil Engineering, Mobility, OSE, Fire, and RRR ▪ Typically requires upgrades to infrastructure and parking/loading operations
2. Commercial Non-Structural TI Projects Involving Food and Beverage Uses o Food and beverage uses include the following:
▪ Eating and Drinking Establishments – Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises (SMMC Section
9.51.030(B)(8)):
• Bar/Night Club/Lounge
• Restaurants (Full-Service, Limited-Service, and Take-out) • Food Hall
▪ Food and Beverage Sales – Retail sales of food and beverages for off-site preparation and consumption (SMMC Section
9.51.030(B)(10)):
• Convenience Market
• General Market
• Liquor Store
o Reasons for exclusion:
▪ Requires County of Los Angeles Public Health review and approval 7 of 17
▪ Necessitates additional technical review and fee assessments from Building & Safety, Civil Engineering, Mobility, OSE, Fire, and RRR (even when changing from one type of restaurant to another) ▪ Typically requires upgrades to infrastructure, trash enclosures, and parking/loading operations (even when changing from one type of restaurant to another)
▪ Public health, sanitation, and safety impacts if facilities are improperly designed and constructed (e.g., improper disposal of solid waste and wastewater; industrial waste discharges require implementation of correctly sized pretreatment units prevent sewer system overflows and back-ups)
o By prohibiting food and beverage uses, staff does not anticipate a significant impact on the number of eligible projects for this Program based on data as of June 30, 2025, as shown in the table below. Over the past five years, on average, less than 10% of building permits for commercial TIs with no change of use include food and beverage uses.
Number of Commercial TI Plan Checks with No Change of Use Calendar
Year
Number of Plan Checks
Excluding Food and
Beverage Uses
Number of Plan
Checks Including Food
and Beverage Uses
Total
2021 230 21 251
2022 265 22 287
2023 223 21 244
2024 282 21 303
2025 96 13 109
3. Commercial Non-Structural TIs Over 5,000 Square Feet if RRR Enclosure Does Not Comply with Current Standards
o RRR enclosures typically require structural walls, which requires additional technical review and fee assessments.
o State law recently added the requirement for mandatory organics recycling resulting in many existing trash enclosures now potentially undersized to accommodate bins for the collection of three different waste streams (i.e. 8 of 17
landfill, recyclables, and organics). The Zoning Ordinance contains minimum dimensions for trash enclosures depending on the size of a tenant space and also establishes thresholds for when existing noncompliant trash enclosures must be upgraded. Due to concerns that larger uses may generate more waste which could create public health concerns if waste is not contained in appropriately sized enclosures, a new threshold of 5,000 square feet for commercial TIs has been established to align with the lowest and minimum existing threshold for non-residential and mixed-use development requirements under SMMC Section 9.21.130(B). If upgrades are required to trash enclosures, these could require structural walls that could disqualify such a project from the self-certification program, which is limited to non-structural improvements.
Staff considered additional exclusions for Landmark and Historic Resources Inventory (HRI) properties but did not find it necessary because commercial TIs only include interior work. Therefore, there will be no exterior impacts on Landmark and HRI properties. However, Landmarks and HRI properties may be considered as an exclusion for future phases of the Program when expanded to Single-Unit Dwellings.
Program & Eligibility Requirements
To participate in this Program, self-certification permits must be prepared and lead by specified licensed professionals that have been pre-qualified. The project lead will be required to take on all liability for the project and attest that it is code compliant. Below is an overview of the required professionals on the project team, which will vary based on the scope of work.
• All projects shall require:
o Licensed Architect to be project lead
o Certified Access Specialist (CASp – ADA certification) • Additional licensed professionals shall be required if the project includes any of the following work:
o Mechanical
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o Electrical
o Plumbing
o Fire Sprinkler (C16 license)
o Fire Alarm (C10 license)
How a Project Lead Qualifies for the Program
For a licensed architect to be qualified to lead a project utilizing this Program, they must first apply to get on the City’s eligibility list. This will require the architect to provide proof that they have completed three projects of similar scope (for this phase, commercial TIs) within Santa Monica in the last 15 years. This timeframe provides a reasonable amount of time for a project lead to have completed three projects within Santa Monica.
Additionally, proof of past work will demonstrate that the project lead has Santa Monicaspecific experience and understanding of local requirements. In review of other jurisdictions that have self-certification programs, all require program participants to demonstrate their qualifications through past experience. Staff’s proposed process is similar to the County of Los Angeles’ self-certification program and will allow a quicker implementation of this Program.
Program Audit & Penalties
As this is a voluntary program, to ensure it operates safely and to hold participants accountable, staff proposes an audit process that could result in disqualification from the future use of this Program and removal from the eligibility list. This “three strikes” rule would be developed under the Building Official’s authority to develop regulations to implement the Building Code and would entail disqualifying a project lead if they are found to be in violation of this Program three times. Violations could include, but are not limited to, working outside of the Program’s scope or requirements in the following ways:
• Making modifications outside of the building’s interior, such as revising parking operations or remodeling the building façade.
• Expanding beyond the project’s scope without approval (even if all interior). • Not hiring the necessary licensed professionals for specialized work. 10 of 17
• Not adhering to applicable building codes.
• Not following other City requirements, such as not recycling construction and demolition material or using an unauthorized hauler for construction and demolition material removal.
However, pursuant to Santa Monica Municipal Code Section 8.08.040, a project lead will have the opportunity to appeal the violation before the Building and Fire Life Safety Commission.
After three violations are confirmed, staff poses the following policy question to Council:
Council Policy Question:
Would Council like to put a time limit on how long a project lead is removed from the qualified list after the “three strikes” policy?
Staff Recommendation: Option 1 – Disqualify project lead permanently from Program (recommended because this is a voluntary program that needs to have consequences to ensure accountability).
Option 2 – Disqualify project lead for a specified amount of time (Council to provide specified time).
Permit Process
Given the limitations of existing software and as the City has yet to transition to the new land management system, staff will be utilizing the existing “Over-the-Counter” (OTC) permit process as a framework for processing self-certification permits. While the proposed plans will not be routed or reviewed by any division, the process will still include one hour of administrative staff time to confirm project eligibility, submittal requirements, and to assess fees. The current inspections process will still be conducted to ensure construction adheres to the Building Code, including Fire requirements and construction and demolition material removal requirements.
Therefore, the fees below will still be collected for every self-certification permit.
Permit Fees Collected (FY 25-26)
Administrative Time
(1 hour)
$316.83
Building & Safety
Inspection
• Projects 10,000 SF or less: $193.46 + $0.56 per SF
• Projects greater than 10,000 SF: Above calculation +
$0.40 for every additional SF above 10,000 SF
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Fire Department
Inspection
$525.66
C&D Inspection $702.21
RRR Inspection $589.72
In addition to the above fees, staff proposes revising the current upfront requirement of a construction and demolition (“C&D”) material waste management performance security deposit to instead be assessed as a fine before final inspection only if the project is deemed to not be compliant with C&D requirements. Similar to the current fee structure, this fine will be calculated as follows:
SMMC Table 8.108.160.C: Range of Fines
Project Valuation Minimum Penalty Maximum Penalty
$10,000.00 $500.00 $500.00
$100,000.00 $500.00 $3,000.00
$1,000,000.00+ $500.00 $30,000.00
While staff are no longer conducting plan reviews, the existing inspection process will remain. If any issues with compliance are identified during the inspections process, they will need to be rectified. Additionally, a Building Inspector reserves the right to require full plan check review if construction does not match permitted plans or if permit revisions are needed that go beyond the scope of a commercial non-structural TI.
Amendments to the Municipal Code
To ensure the above process can be implemented, staff proposes the following changes to Articles 8 and 9 of the Santa Monica Municipal Code (SMMC) addressing the C&D waste management plans and thresholds for RRR review. While the proposed amendments are necessary to implement this Program, the amendments will also simplify and streamline the process to benefit all project types. ➢ SMMC Chapter 8.108, Subpart B – Construction and Demolition Material Waste Management Plans
Construction and Demolition (C&D) waste includes materials such as concrete, asphalt, wood, metal, and drywall generated from building, renovation, and demolition projects.
This waste accounts for 25-40% of the world’s total waste stream but is highly reusable 12 of 17
and recyclable. The City’s C&D waste diversion program under SMMC Section 8.108, requires 70% of all C&D materials to be diverted from a landfill in accordance with the 2022 CalGreen Building Code requirements.
The current code applies to projects that meet review the thresholds – $50,000.00 or 1,000 square feet for construction projects, all demolition projects, and all City sponsored projects – to pay a performance security deposit upfront and submit a waste management plan detailing how the contractor will divert a minimum of 70% of C&D waste materials from a landfill. Deposits are calculated as either $1.00 per square foot for demolition only permits or 3% of the total project valuation for all other projects, with a required minimum of $1,000 and a maximum of $30,000. Deposits are held until project completion and only fully refunded if all landfill diversion requirements are met.
This deposit-based system creates large upfront costs that many small businesses and homeowners are not prepared for. There are also potential delays in this current permitting process due to calculating the deposit and providing all C&D program requirements during the first round of review. This system would also prohibit the implementation of a self-certification permit, as it would require staff review time during the building permit review process.
Therefore, staff proposes amendments to address the above issues and to implement the Program. Staff proposes amendments to transition from an upfront deposit-based system to a fine-based enforcement approach. Under the proposed system, the 70% diversion requirement will remain, but staff will now assess fines at the end of the project for non-compliance. Fines will mirror the existing penalty structure, calculated as
0.3% of the total project valuation (10% of 3% of the project valuation) with a maximum $30,000.00 fine. This change will ease the burden of upfront deposits while still holding contractors responsible for meeting City waste diversion requirements.
While some jurisdictions are still requiring deposits, many are enforcing compliance through fines or citations such as the City of West Hollywood, City of Los Angeles, and 13 of 17
the County of Los Angeles. This will allow a regional alignment to help increase consistency for contractors who work across multiple municipalities.
This change will help streamline the process for all permits by reducing the first step of project review by requiring all projects to submit a waste management plan with their building permit application, removing the financial burden of a deposit, shifting accountability to the contractor instead of small businesses and homeowners, and avoiding unnecessary administrative steps by applying fines only if rules are broken. ➢ SMMC Section 9.21.130 – Resource Recovery and Recycling (RRR) Standards
Recent changes in State law require mandatory organics recycling. However, many existing buildings either have undersized trash enclosures or potentially none at all to contain bins that accommodate three waste streams (i.e., landfill, recyclables, and organics). When buildings either have undersized enclosures or no enclosures, they are prevented from being compliant with State environmental laws unless they permanently leave their waste containers in public right-of-way, which is a violation of SMMC Section 5.08.170 requiring all buildings to keep waste containers on private property. Buildings that leave waste containers in public right-of-way create an array of public health and safety problems and undesirable behaviors including: dumpster fires, scavenging, tipping over waste containers in search of recyclables, clothing items, or edible foods, pest issues caused by exposed trash, and illegal dumping. In fact, most of the 311 requests the City receives related to the aforementioned issues are the result of waste containers placed in public right-of-way. Therefore, current trash enclosure standards prioritize public health and safety as well as State environmental laws and require that bins be fully contained within an enclosure with sufficient space for storage and staging. Currently, projects over a certain permit valuation threshold are required to ensure that trash enclosures are provided on the property and meet current dimensional requirements. Staff proposes amendments to the RRR standards to simplify the thresholds for when trash enclosure upgrades and review are required and to revise resource and recycling room dimension standards. These amendments are described below:
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• Applicability. Currently, one of the applicability thresholds for when projects must comply with current RRR standards is based on an outdated permit valuation threshold. This has consistently resulted in confusion from applicants and staff as to when review is triggered and also challenges for new and existing business in the permitting process, particularly if there is lack of space for required upgrades to existing buildings. Therefore, staff proposes to replace the permit valuation applicability threshold to instead require compliance with current standards for projects with food and beverage uses and all commercial TIs of 5,000 square feet and greater. This would capture projects with high solid waste generation volumes and/or public health and safety concerns where the enclosure may need upgrades.
However, these new applicability thresholds may preclude larger commercial TIs (i.e. greater than 5,000 square feet) from using this Program if existing RRR enclosures are not compliant with current standards. This may be more likely for tenant spaces in existing buildings that were constructed before current trash enclosure standards were established. In those cases, if upgrades to trash enclosures are required in existing buildings, new structural walls could be needed which could no longer qualify the project for the self-certification program as the Program excludes projects with structural improvements. • Dimensional Standards. Staff proposes to eliminate the standard pertaining to “Large Residential, Nonresidential and Mixed-Use Development” that gives discretionary approval to the Director of Public Works to determine trash room dimensions, as this is not an objective standard or process. As State law requires a city to review projects with objective standards, staff proposes to minimally change dimensional standards and remove the maximum threshold to address larger projects and to provide greater transparency and objectivity to RRR standards.
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These proposed Article 9 amendments are being brought before the Council as an Interim Zoning Ordinance (IZO) to implement these revisions immediately in connection with the launch of this Program. Staff are also bringing forward a Resolution of Intention (ROI) with this staff report, as it is required to initiate the process to codify these amendments into the Zoning Ordinance. This future codification will not only include the above amendments but also a holistic overhaul of the SMMC Section 9.21.130 to update RRR standards and processes.
Next Steps and Timeline
Due to the procedural requirements necessary for ordinance amendments, the Program will not be effective until November 1, 2025. Leading up to the launch of this Program, staff will continue to develop materials and processes to ensure transparency and success of this Program, which shall include, but is not limited to the following:
• Dedicated Self-Certification Program webpage
• Specialized application (i.e. liability waiver, affidavit attesting to compliance with the Municipal Code and Program requirements, standardized language and formatting, etc.)
• Communications and outreach announcing launch of the Program Given the increased complexity of the future expansion to other permit types, as provided in Council’s direction, staff will strive for the implementation timeframes listed below. This will also allow staff time to assess the Program and adjust as needed before expansion. Additionally, the permit process will be revised upon implementation of the new Clariti permit software.
• Phase 2 – Accessory Dwelling Units (ADUs): May 2026 (6 months after implementation of Phase 1)
• Phase 3 – Single-Unit Dwellings (SUDs): November 2026 (6 months after implementation of Phase 2)
Environmental Analysis
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The proposed amendments to Santa Monica Municipal Code Chapter 8.108 – Subpart B and Section 9.21.130 are exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption), which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The amendments would not result in any adverse physical environmental effects as they encompass changes in procedures that are administrative in nature. Therefore, the amendments are exempt from CEQA and no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
No immediate budget actions are necessary as a result of the creation of this Program.
No financial impacts due to the loss of plan check fees are anticipated, as plan check fees are meant to be cost recovery-based to account for staff’s review time and staff will not be conducting review for self-certification permits. However, to facilitate this Program an administrative fee will still be collected for processing purposes and the normal inspection fees will still be assessed to recover staff time. While the City will be collecting fewer plan check fees as a result of potentially moving a volume of plan checks to self-certification building permits that have no plan check review, this Program will allow businesses to move into construction quickly and open sooner. This will contribute to the City’s economic recovery initiatives by being more business friendly and attracting more visitors to the city, all of which will help generate tax revenue.
Additionally, as staff will no longer be reviewing permits utilizing this Program, it will provide the opportunity for staff to focus on and expedite larger and more complex projects, which also has the potential of generating revenue growth for the City.
Additionally, while amendments to Article 8’s construction and demolition material waste management requirements will be moving from a fee to a fine, this will only change the timing of collection not the amount.
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However, as this is only the first phase of a pilot program and staff cannot assess the number of permits that will opt-in to the self-certification process, staff will monitor the financial impacts of the program and return to Council with specific actions if necessary.
Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:
A. 2025.09.09 - RRR Article 8 Amendments_Self-Certification B. 2025.09.09 - Self-Certification IZO
C. 2025.09.09 - ROI Self-Certification
D. Written Comments