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 CHAPTER 8.100 TO REQUIRE
NOTICE TO TENANTS OF OCCUPIED RESIDENTIAL BUILDINGS OF ANTICIPATED
CONSTRUCTION BEFORE SUBMISSION OF AN APPLICATION FOR A BUILDING PERMIT
WHEREAS, construction work in residential tenant occupied buildings can pose threats to the health and safety of tenants the properties during construction and interfere with tenants’ use and enjoyment of their homes; and
WHEREAS, the City Council adopted Ordinance 1946 (CCS) in June 1999 to add Chapter 8.100 to the Santa Monica Municipal Code (“SMMC”) and require applicants for building permits to alter, repair, rehabilitate a residential tenant occupied buildings to submit a construction means and methods plan for approval by the Building Officer prior to permit issuance; and
WHEREAS, SMMC section 8.100.040 as amended requires landlords to provide notice to tenants of their rights during construction prior to permit issuance but does not specify how landlords are to inform the City that such notice has been provided which undermines compliance with this requirement; and
WHEREAS, many tenants have reported to the City that they did not receive required notice before permitted construction work began; and WHEREAS, advance notice from landlords to tenants about the anticipated scope of construction work, duration of construction work, impacts of construction work on tenants, and whether temporary relocation of the tenant may be necessary, provides landlords and tenants the opportunity to identify possible measures to mitigate the construction impacts and improves tenants’ ability to plan for such impacts; and WHEREAS, requiring landlords to provide notice to tenants of the anticipated scope and impact of construction work and of tenants’ rights in construction, before submitting a building permit application will provide adequate time for landlords and tenants to address potential mitigations and relocation needs, and will improve the City’s ability to ensure tenants receive such notice before issuing a permit; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.100.010 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.100.010 Construction means and method plan required.
(a) When applying for a permit to alter, repair, or rehabilitate any structure that contains one or more dwelling units or mobile home park, the applicant shall indicate on a form furnished by the Building Officer whether the property is occupied by tenants, and if so, shall provide a copy of the notice and proof(s) of service required by Section
8.100.040 of this Chapter.
(b) If the property is tenant-occupied and, as determined by the Building Officer, the construction work could impact the habitability of any occupied unit on the property, prior to obtaining a permit, the applicant shall submit a construction means and method plan to the Building Officer, consistent with the standards set forth by administrative regulations. The Building Officer may consult all relevant sources of authority, including Health and Safety Code Section 17920.3 or its successor legislation, to guide his/her determination of habitability.
(c) No permit shall be issued until a satisfactory means and method plan is approved by the Building Officer, if required.
(d) If the unit or building was not tenant occupied at the time a permit application was submitted, the applicant shall submit a construction means and method plan prior to any unit in the building being tenant occupied. If the Building Officer determines that the work could impact the habitability of any unit on the property given the manner in which the construction is being undertaken, the requirements of Sections 8.100.020, 8.100.030,
8.100.040, 8.100.050, and 8.100.060 below shall also apply. (e) If at any point during construction it is determined that conditions and construction impacts are not adequately addressed by means and method plan previously approved by the City, the Director may require the owner to submit an amended means and method plan.
(f) The Building Officer may stop construction until all applicable requirements of this Chapter have been met.
SECTION 2. Section 8.100.030 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.100.030 Relocation plan.
(a) If the construction means and method plan demonstrates, as determined by the Building Officer, that the work being performed on the property may require that tenants be temporarily relocated, the applicant shall also prepare and submit a relocation plan on a form provided by the Building Officer for City approval prior to issuance of a permit which shall contain:
(1) The fair and reasonable relocation benefits that will be provided to all displaced tenants as required by Municipal Code Section 4.36.100; (2) The timing of the displacement will be provided to all tenants who will be displaced;
(3) A copy of the notice required by Section 8.100.040(a) consistent with the standards set forth by administrative regulations.
(4) Based upon a recent survey and analysis of both the housing needs of persons who will be displaced and the supply of available temporary housing, and considering the competing needs for that housing, verification that sufficient temporary housing of the type required by Section 4.36.100 will be provided; (5) Verification that the owner has adequate resources to provide the required relocation benefits and adequate provisions have been made for the orderly, timely, and efficient relocation of displaced tenants to comparable replacement housing. (b) If the Building Officer determined, at the time of permit approval, that temporary relocation was not required and if new construction conditions could potentially impact habitability of any tenant unit, the applicant must submit an amended means and method plan and obtain all required City approvals prior to commencing any work beyond the scope of work originally approved. If the Building Officer determines that the work could impact the habitability of any unit on the property given the manner in which the change in construction is being undertaken, the requirements of this Section and Sections 8.100.040, 8.100.050, and 8.100.060 below shall also apply.
SECTION 3. Section 8.100.040 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.100.040 Tenant noticing requirements.
(a) Before applying for a permit can be issued for the
alteration/repair/rehabilitationalteration, repair, or rehabilitation of a building or mobilehome park for which required an applicant will be required to prepare a construction means and method plan pursuant to Section 8.100.010(b) of this Chapter, the landlordapplicant must provide notification to affected tenants of the property consistent with the standards set forth by administrative regulations. This notice shall be sent by mail to all affected tenants and additionally either hand-delivered, or emailed to all affected tenants with a proof of service, to each affected tenant of the property or sent by certified mail, or otherwise delivered in a form of electronic means acceptable to the City. The landlord shall prepare proof(s) of service of the notice indicating the date and methods of service on all affected tenants.
(b) The notice required by subsection (a) of this Section shall be on a form provided by the City which contains the following information:
(1) A brief description of the anticipated scope of construction work, approximate duration, approximate start date, and potential impacts of construction work on tenants, and whether the temporary relocation of any tenant may be necessary; (12) A statement that the construction being undertaken at the property will not terminate the tenant's tenancy;
(23) A statement informing the tenants of their right to seek mitigation from the property owner for nuisance conditions at the property, including, but not limited to, noise, dust, vibrations, utility shut-offs and other construction impacts. Mitigation measures may include, but are not limited to, temporary rent reductions, quiet office space for tenants working at home and temporary accommodations; and
(34) Any other information required by administrative regulations. (c) The tenant notification shall provide the following information if the project willmay require the temporary relocation of tenants:
A statement that the construction activity may require displacement, but that to the greatest extent practicable, no tenant lawfully occupying the property will be required to move without written notice from the owner in accordance with this Chapter. (d) In addition to the notice required by subsections (a), (b), and (c) of this Section, if the projected construction period is thirty days or more, the owner shall post the property with a preprinted sign or signs prepared by the City measuring thirty inches by forty inches in size in a conspicuous location visible to tenants that include the information on where to file a complaint with the owner or owner representative and the City regarding any conditions at the property which any tenant considers to be unsafe, unsanitary, in violation of the City's technical or safety codes, or in violation of the applicant's construction means and method plan.
SECTION 4. Section 8.100.070 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.100.070 Administrative regulations.
The Director of Community Development shall have the authority to adopt administrative regulations, consistent with the legislative purpose, to implement the provisions of this Chapter.
SECTION 6. 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 7. 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 8. 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