1 City Council Meeting: December 9, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 8.108,
SUBPART B, TO REVISE THE CONSTRUCTION AND DEMOLITION PROCESS AND
ESTABLISH FINES FOR NON-COMPLIANCE
WHEREAS, on February 11, 2025, City Council directed staff to create a selfcertification pilot program allowing building permits for “non-structural commercial tenant improvements, single-family home improvements, and accessory dwelling units” to bypass the normal plan review process and receive approval within one to five business days; and
WHEREAS, the purpose of this direction was to facilitate the City’s economic recovery and reduce the workload on plan check professionals, allowing them to focus on the more complex projects in the City that require their attention; and WHEREAS, streamlining the review process for certain projects will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, the initial stages of the Self-Certification Program will focus on commercial tenant improvements, which comprise approximately 36% of the building permits submitted to the City; and
WHEREAS, Santa Monica Municipal Code (SMMC) Chapter 8.108, Subpart B regulates construction and demolition material waste management plans for covered projects, which include all construction, demolition, and deconstruction projects that require a building permit; and
2 WHEREAS, Construction and Demolition (C&D) waste includes materials such as concrete, asphalt, wood, metal, and drywall generated from building, renovation, and demolition projects, which accounts for 25-40% of the world’s total waste stream but is highly reusable and recyclable; and
WHEREAS, the City’s C&D waste diversion program under SMMC Chapter 8.108, requires 70% of all C&D materials to be diverted from a landfill in accordance with CalGreen Building Code requirements; and
WHEREAS, the current code applies to projects that meet certain review thresholds – $50,000.00 or 1,000 square feet for construction projects, all demolition projects, and all City sponsored projects – and requires these project applicants 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; and WHEREAS, 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; and
WHEREAS, deposits are held until project completion and are only fully refunded if all landfill diversion requirements are met; and
WHEREAS, this deposit-based system creates large upfront costs for small businesses and homeowners and causes delays in the permitting process as staff is required to calculate the individual required deposit amounts; and WHEREAS, this deposit-based system also prohibits the implementation of a selfcertification program, as it requires staff review during the building permit review process; and
3 WHEREAS, this Ordinance amends the deposit-based requirements to transition from an upfront deposit-based system to a fine-based enforcement approach; and WHEREAS, under the updated system, the 70% diversion requirement will remain, but staff will now assess fines at the end of the project for non-compliance; and WHEREAS, 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; and
WHEREAS, this change will ease the burden of upfront deposits, while still holding contractors responsible for meeting City waste diversion requirements; and WHEREAS, while some jurisdictions are still requiring deposits, many are enforcing compliance through fines or citations, including, but not limited to other local jurisdictions, such as the City of West Hollywood, City of Los Angeles, and the County of Los Angeles; and
WHEREAS, the amendments in this Ordinance will allow regional alignment to help increase consistency for contractors who work across multiple municipalities; and WHEREAS, this change will also 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 that applicant fails to comply with the City’s requirements; and 4 WHEREAS, the amendments will also support local business retention and promote new business opportunities within the City, addressing the needs of the business community by simplifying requirements and streamlining review processes; and WHEREAS, while the proposed amendments are necessary for the selfcertification program, the amendments will also address long-standing issues that will benefit all permittees, facilitate the City’s economic recovery, streamline the building permit process for a variety of projects, and provide more transparency with respect to permit requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section is hereby amended to read as set forth in Exhibit A.
SECTION 2. 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 3. 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. 5 SECTION 4. 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:
________________________________
Heidi von Tongeln, Interim City Attorney
6 EXHIBIT A
7 8.108.110. Definitions.
For the purposes of Subpart B of this Chapter, the following definitions shall apply:
(a) “Class III landfill” means a landfill that accepts non-hazardous resources such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the State of California and be regulated by an Enforcement Agency. (b) “Construction and demolition material (C&D material)” means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting; plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
(b)(c) “C&D recycling center” means a facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than ten percent of the average weight of material separated for reuse received by the facility over a one-month period. (d) “City approved facility” means any facility that has been approved by the City to accept C&D material, inert material, metal recycling, universal waste, or any other materials that may be generated during a covered project. 8 (e) “City approved hauler” means a company that possesses a valid approval letter from the City to collect and transport solid waste from individuals or businesses for the purpose of recycling or disposal.
(f) “Construction and demolition material (C&D material)” means building materials and solid waste resulting from construction, remodeling, repair, cleanup, demolition, or deconstruction operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. C&D material may not be commingled with inert or organic materials resulting from land clearing and landscaping for construction or land development projects.
(g)(d) “City-sponsored project” means a project constructed by the City or a project receiving fifty percent or more of its financing from the City. (h)(e) “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in the waste management plan. (i)(f) “Covered project” shall have the meaning set forth in Section 8.108.120. (j) “Deconstruction” means the process of carefully dismantling a structure, piece-bypiece, prior to or instead of conventional demolition, to maximize the recovery of building materials for reuse.
9 (k) “Demolition” means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building (wall, fence) whether in whole or in part, whether interior or exterior as further defined in Section 9.25.030. (l)(g) “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.
(m)(h) “Diversion requirement” means the diversion of at least seventy percent of the total construction and demolition material generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 8.108.170, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan Compliance Official in relation to the project. (n) “Inert materials” means only rock, concrete, brick, sand, soil, ceramics, and cured asphalt.
(o) “Organic material” means any vegetative material resulting from land clearing or landscaping for construction or land development projects. (p)(i) “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the City.
(q)(j) “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.
(r)(k) “Reuse” means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
10 (s)(l) “Separated for reuse” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused,; or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes source separated materials.
(t)(m) “Solid waste” as per Public Resources Code Section 40191 means all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse,; paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include any of the following wastes:
(1) Hazardous waste, as defined in PRC Section 40141;
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code);
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).
(u)(n) “Source separated materials" means materials that are sorted at the site of generation by individual material type including commingled recyclable materials for the 11 purpose of recycling; i.e., loads of concrete that are source-separated for delivery to a recycling facility.
(v) “Universal waste” means hazardous waste that is identified as universal waste in section 66273.9 of Title 22 of the California Code of Regulations and is not fully regulated as hazardous waste in accordance with chapter 6.5 of Division 20 of the California Health and Safety Code. Examples of universal waste include, but are not limited to, electronic devices, batteries, fluorescent lamps, mercury thermostats, and other mercury containing equipment.
(o) “Waste hauler” means a company that possesses a valid permit from the City of Santa Monica to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the City of Santa Monica's name. (w)(p) “Waste management plan (WMP)” means a completed waste management plan form, approved by the City for the purpose of compliance with this Chapter, submitted by the applicant for any covered or non-covered project requiring a building permit. (x)(q) “Waste management plan compliance official” means the City staff tasked with enforcement of this Subpart.
8.108.120. Threshold for Ccovered projects.
(a) Private Projects. All construction, and demolition, and deconstruction projects requiring a building permit shall be considered covered projects. the total costs of which are, or are projected to be, fifty thousand dollars or greater, or are one thousand square feet or greater, and all demolition-only projects shall be considered covered projects. 12 (b) City-Sponsored Projects. All City-sponsored construction, demolition and renovation projects shall be subject to this Chapter, and consequently, shall be considered covered projects.
8.108.130. Submission of a waste management plan.
(a) WMP Forms. Applicants for construction or demolition permits involving a covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the City for this purpose, as part of the application packet for the construction or demolition permit. The completed WMP shall indicate all of the following:
(1) The estimated volume or weight of the project C&D material, by material type, to be generated;
(2) The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;
(3) The vendor or facility where the applicant proposes to use to collect or receive that material;
(4) The estimated volume or weight of C&D materials that will be landfilled in Class III landfills and inert disposal facilities; and
(5) A commitment that only City permitted waste haulers would be used. (b) Calculating Volume and Weight of Material. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the conversion rates approved by the City for this purpose.
8.108.140. Performance security. [Reserved].
The project applicant shall submit a performance security with the WMP. For construction and demolition projects, the amount of the performance security shall be 13 calculated as the lesser of three percent of total project cost or thirty thousand dollars.
For demolition-only projects, the amount of the performance security shall be calculated at the rate of one dollar per square foot with a one thousand dollar minimum and thirty thousand dollar maximum performance security required.
§ 8.108.150. Review Submission of a WMP.
Requirements Approval. Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any covered project unless and until the WMP has been submitted and approved. Compliance Official has reviewed and approved the WMP.
Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP must contain the following elements: Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met:
(1) The WMP provides aAll of the information set forth in Section 8.108.130. (2) The WMP indicates that Explanation of how at least seventy percent of all C&D material, one hundred percent of inert materials, one hundred percent of organic materials, and all universal waste generated by the project will be diverted through source separation or an exemption has been approved pursuant to Section 8.108.170. (3) The applicant has submitted an appropriate performance security in compliance with Section 8.108.140.
8.108.160. Compliance with WMP.
(a) Documentation. Within thirty days after the completion of any covered project Prior to applying for final inspection on the project, the applicant shall submit to the WMP Compliance Official the following documentation showing that it has met the diversion 14 requirement for the project: The applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:
(1) Receipts Weight tickets from the City approved vendor or facility which collected or received each material showing the actual weight or volume of that material; (2) Weight slips/count of material salvaged or reused in current project; (3) A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; (4)(3) Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this Chapter.
(b) Weighing of Wastes. Applicants shall ensure that all C&D material diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D material shall be weighted by measurement on scales. Such scales shall be in compliance with all State and County regulatory requirements for accuracy and maintenance. For C&D material for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates in a format approved by the City for this purpose. (c) Determination of Compliance and Penalties. Release of Performance Security. The WMP Compliance Official shall review the information submitted under subsection (a) of this Section to determine whether the applicant has complied with the diversion requirement as follows:
(1) Full Compliance. If the WMP Compliance Official determines that the applicant has fully complied with the seventy percent diversion and all other sections or 15 provisions of this Chapter requirement applicable to the project, they he or she shall remove the hold on the building permit’s final inspection with no penalty.cause the full performance security to be released to the applicant.
(2) Failure to Comply. If the WMP Compliance Official determines that the seventy percent diversion requirement, and/or any other applicable provision of this Chapter, has not been met, a fine not exceeding three percent of the total project valuation, with a minimum of five hundred dollars, and a maximum of thirty thousand dollars, shall be assessed pursuant to subdivisions (A) and (B) below, and in accordance with Chapter 1.09.Once the fine has been paid in full, the hold on the building permit’s final inspection shall be removed. he or she shall return only that portion of the performance security equivalent to the portion of C&D material actually diverted compared to the portion that should have been diverted according to the WMP. Any portion of the performance security not released to the applicant shall be forfeited to the City, and shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center. If the WMP Compliance Official determines that the applicant has fully failed to comply with the diversion requirement or if the applicant fails to submit the documentation required by subsection (a) of this Section within the required time period, then the entire performance security shall be forfeited to the City. All forfeited performance securities shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center. (A). Fine Categories. Failure to comply with any of the following may result in a fine calculated as set forth in subdivision (B) of this section:
(i.) Any project completed without an approved WMP as defined in section 8.108.110
16 (ii) The use of a non-City approved hauler as defined in section
8.108.110
(iii) The use of a non-City approved facility as defined in section
8.108.110
(iv) Weight tickets dated prior to the WMP approval date (v) Failure to meet the required diversion rate as defined in section 8.108.110
(vi) Altered or fraudulent weight tickets as determined by the WMP Compliance Official
(B). Fine Amounts.
(i) Fines in subdivision (A)(i), (A)(ii), (A)(iii), and (A)(iv) of this section shall be assessed as ten percent of the maximum fine or five hundred dollars, whichever is greater.
(ii) Failure to meet the required diversion rate as noted in subsection (A)(v) shall result in a prorated fine based on the amount of waste diverted and is calculated as follows: (3% of project valuation) – ((Achieved diversion rate/Required diversion rate) * (3% of project valuation)).
(iii) Any projects that are found to have altered or fraudulent weight tickets as noted in subsection (A)(vi) are subject to the maximum fine not exceeding three percent of the total project valuation with a maximum of thirty thousand dollars.
17 Table 8.108.160: 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+ $3,000.00 $30,000.00
8.108.170. Exemption.
(a) Application. If an applicant believes it is infeasible to comply with the diversion requirements of this Chapter due to the circumstances delineated in this Section, the applicant may apply for an exemption at the time that they he or she submits the required WMP. Exemptions may be granted based on the following considerations:
(1) Lack of storage space on-site;
(2) Contamination by hazardous substances;
(3) Low recyclability of specific materials.
The applicant shall indicate on the WMP the maximum rate of diversion they he or she believes is feasible for each material and the specific circumstances that they he or she believes make it infeasible to comply with the diversion requirement. (b) Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, they he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. (c) Denial of Exemption. Upon a denial by the WMP Compliance Official, the applicant shall have thirty days to resubmit a WMP form in full compliance with Section
8.108.130. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.108.130, the WMP Compliance Official shall deny the WMP.
8.108.180. Appeal.
18 The applicant or any interested person may appeal to a Hearing Officer Examiner from any ruling of the WMP Compliance Official made pursuant to this Chapter in accordance with Section 6.16.030. Notice of any appeal from the ruling of the WMP Compliance Official must be filed within ten days of the date that such ruling is made.
8.108.190. Enforcement.
(a) The City Attorney may enforce the provisions of this Subpart by means of a civil action.
(b) Any person who violates any provision of this Subpart shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(c) Nonexclusive Remedies and Penalties. The remedies provided in this Subpart are not exclusive, and nothing in this Subpart shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (d) It shall not be a defense to the assessment of any penalty or to any other civil or administrative enforcement action provided for under this Section for a person to assert that any violation of this Subpart was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person. (e) Any penalty collected hereunder shall be deposited in the Resource Recovery and Recycling Refuse Fund to be used as reimbursement for the Public Works Department's costs and expenses of administration and enforcement of this Chapter.