1 City Council Meeting: October 27, 2026 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 SECTION 4.12.110
TO UPDATE THE AFTER HOURS CONSTRUCTION AUTHORIZATION PROCESS
AND ELIGIBLE ACTIVITIES
WHEREAS, the City's land area is small, being just 8 square miles and the City' s population is approximately 90,000; and
WHEREAS, the City's population density is the highest among coastal communities in Los Angeles County and among the highest in the State; and WHEREAS, in addition to its large. residential population, the City is a desirable place to work or visit; and
WHEREAS, because of the manner in which the City is zoned, many of the City's residential districts abut the City's commercial and industrial districts; and WHEREAS, most of the City's commercial districts are mixed- use, authorizing substantial residential development; and
WHEREAS these circumstances can lead to excessive noise and make the regulation of noise a paramount concern of the community; and WHEREAS, Santa Monica Municipal Code (SMMC) Chapter 4.12 provides protection to residents living in close proximity to a variety of noise-producing industrial and commercial uses; and
WHEREAS, the City receives a significant number of noise complaints on an ongoing basis; and
2 WHEREAS, SMMC Section 4.12.110 regulates construction activity in the City and provides restrictions on demolition, excavation, grading, spray painting, construction, maintenance or repair of buildings; and
WHEREAS, construction hours are limited to 8:00 a.m. to 6 p.m.; and WHEREAS, SMMC Section 4.12.110(e) allows for an after-hours noise permit authorizing certain construction activity during the times otherwise prohibited by Chapter
4.12 when such activity is “found to be in the public interest”; and WHEREAS, this process has proved problematic as “public interest” is not clearly defined, which has resulted in uneven implementation over time; and WHEREAS, staff has consistently allowed certain categories of construction activities to be permitted under this section while not authorizing others; and WHEREAS, to provide clarity and consistency among the after-hours permit criteria, this Ordinance amends Section 4.12.110, to specifically include categories of after-hours construction work permitted by the City; and WHEREAS, current regulations also require notification to neighboring properties within 500 feet of a location; and
WHEREAS, this requirement has created confusion and frustration among residents regarding notifications of after-hours permit requests that staff is not aware of and would likely not authorize; and
WHEREAS, the Ordinance would replace early noticing requirements with noticing after the permit is approved by staff; and
WHEREAS, the Ordinance also provides other minor amendments and corrections to streamline the after-hours permit requirements.
3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.12.110 is hereby amended to read as follows:
§ 4.12.110 Restrictions on demolition, excavation, grading, spray painting, construction, maintenance or repair of buildings.
(a) No person shall engage in any construction activity during the following times anywhere in the City:
(1) Before eight a.m. or after six p.m. on Monday through Friday, except that construction activities conducted by employees of the City of Santa Monica or public utilities while conducting duties associated with their employment shall not occur before seven a.m. or after six p.m. on Monday through Friday;
(2) Before nine a.m. or after five p.m. on Saturday;
(3) All day on Sunday;
(4) All day on New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, as those days have been established by the United States of America. (b) Except as set forth in subsection (d) of this Section, the noise created by construction activity shall not cause:
(1) The equivalent noise level to exceed the noise standards specified in Section 4.12.060 of this Chapter, for the noise zone where the measurement is taken, plus twenty dBA; or
4 (2) A maximum instantaneous A-weighted, slow sound pressure level to exceed the decibel limits specified in Section 4.12.060 of this Chapter for the noise zone where the measurement is taken plus forty dBA, for any period of time. (c) Prior to the issuance of a building permit, all development projects located within five hundred feet of any residential development or other noise sensitive land uses must submit a list of equipment and activities required during construction. In particular, this list shall include the following:
(1) Construction equipment to be used, such as pile drivers, jackhammers, pavement breakers or similar equipment;
(2) Construction activities such as twenty-four hour pumping, excavation or demolition;
(3) A list of measures that will be implemented to minimize noise impacts on nearby residential uses;
(d) Any construction that exceeds the noise levels established in subsection (b) of this Section shall occur between the hours of ten a.m. and three p.m., Monday through Friday. (e) A permit may be issued authorizing construction activity during the times prohibited by this Section and only for the following activities:
(1) On Private Property:
(a) Installing interior finishes, including, but not limited to, drywall and cabinetry inside a building where the noise is low or able to be mitigated (b) Minor exterior finish work
(c) Setup and removal of tower cranes
(d) Excavation, backfill, and compaction
5 (2) On the Public Right of Way:
(a) Setup of traffic controls for concrete pours and material deliveries (b) Traffic control to replace existing roof mounted HVAC units (c) Roadway closure for crane setup.
In no case will after hours construction requests be considered on Sundays. whenever it is found to be in the public interest. The person obtaining the permit shall provide notification to persons occupying property within a perimeter of five hundred feet of the site of the proposed construction activity prior to commencing work pursuant to the permit.
The form of the notification shall be approved by the City and contain procedures for the submission of comments prior to the approval of the permit. Applications for such permit shall be in writing, shall be accompanied by an application fee and shall set forth in detail facts showing that the public interest will be served by the issuance of such permit.
Applications shall be made to the Building Officer. No permit shall be issued unless the application is first approved by the Public Works Director and Director of Environmental and Public Works Management, the Building Officer, the Chief of Police and the Director of Planning and Community Development. The City Council shall establish by resolution fees for the filing and processing of the application required by this subsection (e) and any required compliance monitoring. This fee may be revised from time to time by resolution of the City Council.
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.
6 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.
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:
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HEIDI VON TONGELN
City Attorney