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O1169 , C~S:LBC:se C~ll Meeting 06/24/80 Santa Mon1c~alifornia ORDINANCE NO. 1169 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 3A OF A~TICLE III OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PARKING METERS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN: SECTION 1. Section 3393D(1} of the Santa Monlca Municlpal Code is amended and as amended shall read: 3393 D. Parklng Meter Zone "D" (1) The following named and described, streets or portion of streets of the City shall canstltute Zone "D "; namely (a) Plca Boulvard to the South Clty Limlts, Nellson Way to Ocean Avenue - Barnard Way inclusive. (b) All of the westerly portion of Lincoln Boulevard from Mlchigan to Pico Boulevard. {c} Both sides of.28th Street and 31st Street south of Ocean Park Boulevard. SECTION 2. Any provision of the Santa ~onica Municipal Code or appendices thereto inconsistent therewith, to the extent of such inconsistencles and no further, are hereby repealed or modified to that extent necessary to affect the provislons of this ordinance. SECTION 3. If any section, subsectlon, sentence, clause, or phrase of thlS ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdictlon, such declslon shall not affect the validity of the remalnlng portions .; , . of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsect~on, sentence, clause or phrase not declared lnvalid or unconstitut~onal without regard to whether any portion of the ordlnance would be subsequently declared lnvalid or unconstltutional. SECTION 4. The Mayor shall s~gn and the Clty Clerk shall attest to the passage of this ordinance. The Clty Clerk shall cause the same to be publlshed once in the offical newspaper within fifteen (15) days after its adoption. The ordinance shall become effectlve after thirty (30) days from its adoption. APPROVED AS TO FORM: ~')~~- SlvtlAe_ Stc,,- STEPHEN SHANE STARK Acting City Attorney -2- / CI . .,. (II Cfl) n> >~(1 ~~~ O~~ ~OO ZZ~ Fl~ >~ > ~ ~ 11 :;, ~ i ~ ~ ...,... UN ~ ... .. ... . ~ ~ ~ ... (fIM-' W - AVO at "U ... ...U 'YE --~ --- I y ::: MnA ~: J .- -f :v III III ... I ,.. " ~ , ~ - 1 1 1 ... _ <. ~ \ =~ ~ ! htq ~~ II, rl, t I, 'j II, ,_ I ~ I lULl ~i1 ~ o ~ : :~- ~~,~./:.. z r 'z p 'Z I ~ ,~ ~ p ~ ~ p t I I f Ll~~ __ ~ ~ I It Lt . -... ,Of. . -. i ' - 1 CJ ~. ; ~ '""':I )>;;. j I , g : f ~D..J!. I.. ...' "r I'}il I j , Il t ~~t~qltJ J~!t-- o 5 ~' r1i1 ~~; I: ~ I:jn ,: n I: In ~1;11 ~ I ! u~l .. J P Oz Z \, i.~; j!-b ~I.~ . j~ {:'1 -~i :;~ ~... ~ ~ ~ ' Oi r>-p; j.... 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Ii i!j i iii ii ii illlfi i I 1m ! rl iil mriii iffl miiliiiijj Ii ~ ~:t:ZI~2~~~::~::~~2~I21~~11~.:~:t!::%::I:::~:r~IY:X::%.:%:~~%::t~:::::::z:::t::t:::~::~%!~:!::::~::~l::%::~:::::f::: J: ...j I , (.II N :. CD 01 " 1 I J I' 1>1 I 1 011 l o ~ ~ I 01 I 1 i I I I 111: ! '111 I i I I ! I ;- .; . , ~ ./ ADOPTED AND APPROVED THIS 22nd DAY OF July , Jg~O I (\./hl (} f /J . XfYUAAXJ '< jlJ()~ I/'MAY& ' - '- ~. I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE} No. 1169 } WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 1st DAY OF July ~ 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 2Znd DAY OF BY THE FOLLOWING COUNCIL VOTE: July , 1980 ~ AYES: COUNCILMEMBERS: Jennings, Reed, Rhoden, Scott, Bambrick NOES: COUNCILMEMBERS: Xone ABSENT: COUNcILMEMBERS: Yannatta Goldway, van den:Steenhoven JHTEST: ~~ CITY CLERK -~E - _r~ -- -- '..jilr::, r 1 .--. ~-~-~- .~;. - ;,,~ : :.~: _fIi!~ v "*GH -- ,. - .~...;;c .- - ~nll~ ~!rm --IJrr~ ~{n~ - - =~t JJm iLl j 1=l ~~ ..- ~~n f r~ iH n=l ~1 , J j F=I Illf11=l t -- ;f~ :-!jr~ I ~ firm :11 j I~ i![lr~ 111 j rt=J r --~ · I ITTFt ~ ;j 1 n=:::I ~ .,; III (0 1- ~~ :ll~~ r f rTT8 -,Ifn=:l ~ ~JJl=j J~ ~ \ i j I rl I[ ! : ; i 1111111 rITfflmlm iITIITIIiII ITlTTTTTTTTll 1II1 II [111111 mJm STREET l!l:l!lfllfll rrnmmm IIIIIIIIIIIII rnmTnlTfllllllllfllllllllllllllllll ST"ItET III \ III [ 11 ~t1 t-t:lllllllllll 1111111111111 nTIITrlTm H~ I [ I [ [ II Hi rmrnmm STREE.T rmmmrn lil11111111~ 1llIIIlIIIHI ttllll ; 111111 fmffiTTTTTllll'!! 11111111 - ST"EET FmTllllTTTlli"1111111 i 11111111/111/111 11111!1!llrll 1111111111111 rrrrmmm STREET IAAOISO~ I+t~ III j II1I1 IIIIIIII! 1III SCtfOOl. ~t-~ j 1I11 ] "H J" 1111 ] 1/111 STREET Jlr;l!i!ljIIlIIJII~flrljllllllllllllllr mmmml FITrmTT11TJ H r II / r fl ~ r II $TRl!:.E.T l",I:I~[i'" . ; ,I IlTtITTTTTTTl I'~ lNCOLN . i ! - - r'-~ ~ J i lJ.tj - { i j i Fl - - -11!J::::] . q ~ 1100 r '~oo-~~~ON-E I-AI --..J ~~- ___-"0<1_ ___ -'n~ ~~.~~!~ .~~ ME~I"L . t ::.;;. .. '0'-- ~-~ iI.~- TH.' ~ ff]=:~ ~-~ a&:1:- . :.r"'~ E.UCL.IO !t1i--<7.J~ &. .:1' , .!.~ ~1ni;o: TW&L.~TH ~~ ~-."!..~- i_-_::._ ,..- f~ . .;Jiz ~L."""N"" :.' ,-i#_," .~--- ~- II ~--- 'iff. --- _.,00'"-- . ------ -~- - - -i~r~ --- P"'" ,,--~ ~~:;-~~--- ~O"ICL "--~- ElHILD- ? t1- <t~- ~::- - ~ ~-~ ---. .~ ~ - C.T!f' MItLI.. - ~ .-- - fi7z_ fx~ _ -'<--4c~ "- ~""-- .~ 1-.::i ,:.r~~- ~~_. . .~~:- .-....i-~_~ . . Sectlon 62005. APPLICATI~; rOR ~~SSEUR'S PE~1IT. A. Any person deslrlng a masseur's perm~t shall file wlth the C:--jief a v:r ~ tten c.?pl icatJ.o!1 o;! a forn to be furnJ.shed by the Chief. The applicant shall accompany the a?p:lcat~op wlt~ tender o~ a one hundred and seventy fJ.ve dollar {$175) f~l~ng and proce5s~ng fee. ?he sane - .. ~nforffiat~o~ shall be ~ncluded on the appllcatlon as 1.5 ~ reculred pu~s~a~t to subsect10ns E and H of Sectlon 62002, ( Oil r I togethe~ ,,"J t!-: t.he follm"lng: (1) A statement of the exact location at WhlCh the appllcant w~ll be worklng as a masseur, lDc1udJ.ng the full street address and all telephone numbers associated wlth saJ.d locatlon. If the applicant wlll be worklr.g ln a parlor, the application should also include the preClse name under WhlCh the parlor lS operated, the form of ownership of the parlor, i.e., whether lndividual, partnershlp, corporate, or otherwJ.se, and the full naMes and addresses of all owners and the managers or manaqing employees principally in charge of operation of the parlor; and (2) A statement ln wrlt~ng from a licensed phY51c~an In the State of Californla that he or she has examined the appllcant wlth~n the past 30 day period preceed1ng sald application and believes '~ the appllcant to be free from all cornmunlcable diseases. -9- . . B. Tne Ch~ef shall conduct an ~nvest~gat~on to deter~~ne whether such appllcant ~s quallf~ed pursuant to subparagraphs A(l), A(2), A(3), A(4), and A{6} of Sect~on 62003 of thlS Chapter; if the person is so qual~f~ed, and has satl5f~ed the requlrements of subparagraphs A(l) and A(2) of thlS sectlon, the Cll1ef shall lnforfl1 the applicant that a rrJasseur' 5 permit will be issued as requested, upon conpllance wlth the requirements of subsect~on D of this section. W~ere, as a result of his investigat~on, the Chlef deterWlnes that the appllcant does not qualify pursuant to Sdld subpara~raphs A{l), A(2), A(3), A(4), a~d A(6) of Sectlon 62003, or has falled to satisfy the requ~rements of subparagraphs A(l) and A(2) of this section, he shall give notice of such declsion ~ ::r- -- .~ ~ .... to the applicant and to the operator of the parlor, II J c. If any, at which the appllcant intends to work, within 30 calendar days from receipt of the application. The operator or appllcant shall have the right of appeal from such dec~sion, in the tlme and manner set forth in Sectlon 6124, et seq., of this Code. c. The Ch~ef is authorized to ~ssue a permit under th~s section subJect to one or more of the followlng con- dlt~ons: (1 ) That changes In the locat1on where the permit -<- holder is employed must be reported to the Police -l{}- . . Department wlthln 48 hours after the change occurs. {2} That the holder of the permlt must dlsplay a photo ldent~ficatlon card prepared by the Pollce Departr-ent whe~ worklng pursuant to the perITlt. ThlS care must be worn or dlsplayed In a promlne~t ~ location wlthin the immedlate work space. If a pernlt holder changes location as described in subparagraph (1) above, he or she shall be requlreQ, wlthin one week after such change occurs, to obtalD from the Pollce Department, at a cost of ten dollars ($10), a new photo ldentlflcation card. (3) That the doors of cublcles In WhlCh a permlt holder lS working Must be unlocked at all tiMes. (4) That, when working pursuant to the permlt, the permit holder ~ay not expose his or her genitals or buttocks, or, in the case of a female, her breast(s) I or make lntentlonal contact with the genltals or anus of any other person_ D. Wlthin SlX months followlng the filing of an original applicatlon for a masseur's permlt, the applicant shall be regulred to take and pass an examination of gualif~cations as set forth below: (1) The examinatlon regulred by this sect~on shall, in the judgment of the Chief, be such as to falrly determ~ne the ability of the applicant to -11- . . properly perform the work WhlCh the appl~cant would be authorized to do by the permlt applied for, and shall cover the follOwing subJects: anatomy, physiology, hygiene, and the practlce and theory of massage as massage is def~ned ln Sectlon 62000 D. (2) The examlnat10n shall lnclude both a practlcal demonstration and a wr~tten test. It shall be conslstent in both practical and techn~cal requ~rements. {3) In the grading of the examlnat1on, pract1cal demonstrations shall prevail over wrltten tests, that 1S, a greater number of cred~ts shall be allowed on practlcal demonstratlons than on ~- ~- written tests. 7(4) The wrltten tests shall test the competency and i j ~ ability of the applicant to engage in the practice of massage. The exam1nation shall require the applicant to engage ln the practice of massage. , ~ The examination shall require the applicant to demonstrate a basic knowledge of anatomy, phYSlo1ogy, hygiene, and manual and mechanlcal massage. (5) The exam~nation may be conducted by the ehlef, or, at hlS designation I by the County Health Department. -~- Qual~f~ed persons shall prepare, give and grade the exam~nation. A quallfied person shall have -12- . . had at least flve years of licensure or practlce in his or her f~eld and shall ~nclude licensed health care professlonals such as doctors, chlropractors, physical theraplsts, and indlvlduals who have pursued requ~red courses ~n an approved nassage school and are graduates thereof and hold a dlplo~a therefrom. (6) The Chlef shall establlsh standards and procedures governing the ad~inistratlon and gradlng of all examlnations and shall exerClse such supervlsion as may be necessary to assure compliance therewlth. .- l" ~ (7) An applicant who fails to pass the examination shall not be ellgible for another examinat~on - I ~. .- ~ I" untl1 four weeks after taklng the prevlous examination. An applicant who fails to pass upon the third trial shall not be again eligible until six months thereafter. An additional processlng fee may be required to be filed with the Chief prior to each exam~nation. Section 62006. UNLA\f.PUL OPERATIONS. A. No person shall g~ve, or assist in the giving, of any massage to any person under the age of 18 years, unless the parent or guardian of such mlnor person has consented thereto ~n wrlting. B. No person under the age of 18 years shall be allowed ~n any massage parlor, unless the parent or guardlan -13- . ~ of such rnlnor person has consented thereto ln writing. C. Each operator shall erect and maintain a recogn~zable and readable sign that will be posted adJacent to the main entrance ldentlfying the premlses as a massage parlo~. All such slgns ~ust co~ply wlth Munlclpal Co~e requlre~ents of the City of Santa Monica. D. Fach operator shall have posted, in a consplcuoUS location upon the premlses where the massage operatlon lS to be conductedj the operator1s perm~t as issued by the Chief. E. Each operator shall proVlde In each room, or portlon of a room, where massages are given, sufficient lighting and vent~lation as required by the Santa Monica Building Code. F. Each operator shall provlde and maintain adequate ~ equipment for dlsinfecting and sterilizing of instruments used in performing the acts of massage. G. The Department of Health shall, from tlme to time, and I at least once a year, make an inspection of each massage parlor in the City for the purposes of determining that the health provisions of the laws of the State of Callfornia and ordlnance5 of the Clty of Santa Mon1ca and County of Los Angeles and this sect10n are met. - ~ H. A m~nimum of one tub or shower, and one toilet and wash ~ 'j basin shall be provided for the patrons 1n every massage parlor locatloni however, if male and female patrons T- -14- . . . are to be served s~nultaneously at said establ~shment, separate to~let fac1l1t1es shall be prov~ded for male and female patrons. In those establis~~ents where steam rooms or sauna baths are provided, if male and ferr~le patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash bas~ns, bathtubs, showers, and slm~lar equiproent. Each wash basln shall be prov1ded w1th soap or detergent and san~tary towels placed in permanently lnstalled dispensers. A trash receptacle shall be ~ prov1ded in each toilet room. In addition to the wash basin provided for patrons, a IDlnimum of one separate wash basln shall be provided 1n each massage establishment, which basin shall provide soap or ~ detergent and hot and cold running water at all t~mes i - and shall be located within or as close as practicable ~ to the area devoted to the performing of massage ~ serv~ces. In addition, there shall be provlded at each wash basin, sanltary towels placed in permanently installed dlspensers. EXCEPTION: If the wash ba51n for the patrons 15 not ~ In the toilet room but is adJacent thereto, thlS wash baSln will meet the separate wash baSln requirement if 1t is reasonably close to the area devoted to the performing of massage. -15- . - I. No person shall operate a massage parlor, or adm~n~ster a massacre as hereln defined in any massage parlor between the hours of 12:00 A.~l. and 7;00 A.M. J. No person licensed to do buslness as hereln provlded shall operate under any nare or conduct buslness under any aeslgnatlon not spec~fled In h~5 or her pevnit. K. ~o person shall enter, be, or renain in any part of a massage parlor llcensEc under th15 Chapter while In the possesslon of, consuffilng, uSlng, or under the lnfluence of any alcohollC beverage or drugs. The owner, operator, and manager shall be responsible for insuring that no such person shall enter or remaln upon the 11censed premises. L. No building or part thereof used as a massage parlor shall be equipped with any electronic, mechanical, or artlficlal device used, or capable of being used, for recordlng or monltorlng the conversation or other sounds ~n any treatment room or room used by the f business customers. . t ~ tl. No massage parlor issued a permlt under th~s Chapter shall send masseurs off the premlses for purposes of a&~lnlsterlng a Massage, nor shall the massage parlor or any part thereof be used by any employee, operator, manager, or owner to recelve or accept such request for off-premlses massages, nor to provide lnformation -16- . . to anyone how or where such off-prernlses massages may be obtalned. N. Every person to whom or for whom a masseur1s perm~t shall have been granted pursuant to the provlsions of th~s Chapter shall dlsplay sald perm~t ln a con5p~cuoUs place wit~in the ~assage parlor so that the same may be readlly seen by persons entering the preml.ses. ~ O. No person holding a masseur's permlt issued under t1us Chapter, or eMployed by or working in a massage parlor llcensed under thls Chapter, may, in worklng pursuant to such permit or license, expose his or her genitals, buttocks, or, in the case of a female, her breast(s), or make intentional contact with the genitals or anus of any other person. Section 62007. MANAGER. All massage parlors required to be licensed under thlS Chapter shall have a manager on the premises at all times durlng WhlCh the massage parlor is open. The operator of each massage parlor required to be licensed under thlS Chapter shall file a statement with the Chief, designat~ng the person or persons empowered to act as manager at the operator's massage parlor. The manager of each massage parlor shall take necessary steps to insure that copies of the masseur perm~t for each on-duty masseur shall be conspicuously posted on the prem1ses in close proximity to a sign indicating that those persons are licensed on-duty masseurs. ::; , -17- . . Sect~on 62008. CPiliNGES OF BUSI~ESS. Every massage parlor operator shall report ~edlately to the Chlef any and all changes of ownership or management of the roassage establishment, includlng, but not liMlted to, changes of flanager or other person princlpally In charge, stockholders holdlng more than ten percent of the stock of the corporat1on, offlcers, dlrectors, and partners, and any and all changes of name, style, or deslgnatlon under which the buslness 1S to be conducted, and all changes of address or telephone nuMbers of the business or parlor. Sectlon 62009. INSPECTIONS. The CltyJS Department of Buildlng and Safety and Flre Departnent, and the Los Angeles County ~ . Health Department shall lnspect the premises proposed to be devoted to the massage establlshment and shall certlfy on the requlred permit application, compllance or non-compliance with the regulatlons set forth ln Section 62006 of this Chapter. SeC~lon 62010. TRANSFER AND DURATION OF PERMITS, SUSPENSION AND REVOCATION. A. No permit issued hereunder shall be transferable. All perm1ts for massage parlor operators and masseur permlts shall be ~ssued for the period of the fiscal year or portion thereof remalning followlng ~ssuance of such permit, and shall exp1re the last day of the fiscal year (June 30). B. Appllcatlons for the next ensulng flscal year may be f11ed wlth the Chief before the end of each flscal '-year. Such renewal applications must be filed no -18- - . later than 30 days prlor to the end of the flscal year to prevent a lapse of the perm~t. C. Each ap?l~cant for renewal shall f~le such informat~on as nay be requlred by the Ch~ef to update the ~nfornat~on requ~red for hlS or her orig~nal perm~t appllcat~on. A processlng fee, In accordance wlth the Fee Schedule set forth in Sectlon 62012 of thlS Chapter, shall be pald at the tl~e the applicatlon for renewal is made. D. The Chlef ~ay refuse to renew a permit or may revo~e or suspend ar. eXlstlng perMlt on the grounds that the applicant or permlt holder has commltted vlola- tlons of the permit condit1ons or other requirements of thlS Chapter, or on any of the grounds specified in Sectlons 6120 and 6123 of this Code. In any such case, the appl~cant or permlt holder shall have the right to appeal from a decision of the Chlef, in the tlme and manner set forth in Section 6124, et s,e,q., of this Code. E. No suspended permit may be renewed. If a suspended ~ permit lapses dur~ng the suspenslon period, a new i ~ i r I ... appl~catlon must be made at the end of the suspension per~od. Section 62011. EXEMPTIO~; EXISTING PEfu~ITTEES. A. The prov~sions of th~s part shall not be deemed appllcable to any person who 15 engaged in a healing art, and is -19- - . licensed as suehl pursuant to D~V~Slon 2, cornrnenclng wlth Sectlon 500 of the BUSlness and Profe5s~ons Code of the State of Callforn~a. B. Cor~encing July It 1980, permits are to be ~ssued in accordance wlth the prov~s~ons of thlS Chapter. As to persons holding eXlsting permits, the following schedule of compliance is to apply; (ll Operators' permlts shall contlnue in effect for the rena~nder of the fiscal year and shall be renewing in accordance with the prOV1Slons of Section 62010, pendlng compllance wlth the appllcable requlrernents of subparagraphs (2) and (3) of thls sectlon. (2) Wlthin 90 days of the effective date of this ordinance, the parlor is to be brought into compllance with all requlrements of Section 62006. (3) All persons operating under an existlng masseur's permit and otherWlse meeting the requirements for permit renewal, are, withln six months of the effectlve date of this ordlnance, to obtaln a new permit in accordance with the prOVls1ons of Section 62005. Pendlng timely satisfactlon of the requ~rements of thlS subparagraph, existing permittees are deemed to have a cond~t~onal permlt satlsfying the requlrements of th~s Chapter. Said conditional permit shall be granted only ~ E I -20- - . upon payment of the standard renewal fee of twenty dollars ($20), which amount will be deducted from the one hundred seventy five dollar ($175) ap?licat~on fee required with the f1l~ng of a~ application u~der Sectlon 62005. (4) Reasonable extens10ns of the time perlods speclfled in subparagraphs (2) and (3) shall be granted by the Chief upon a proper showing and upon tlmely request therefor. Sectlon 620l2. FEES. The followlng Fee Schedule shall be applicable to persons requlred to obtaln permlts under thlS Chapter: A. Operator's Permlts. (1) Persons required to obtaln an operator's permit from the Police Department shall submit with ~ their application for said permit, an application , fee of one hundred dollars ($100) to cover the cost ~ ~ ~ ~ ~ ~ . of process~ng the application. (2) An addltional processing fee of one hundred dollars ($100) shall be required each ti~e the operator's permit ~s required to be renewed. (3) The application and renewal fees specified in this subsection shall be 1n add1tion to the business license tax WhlCh the operator of a massage parlor is required to pay pursuant to Section 6240 of the Code. -21- . . B. l1asseur' s Perna ts. (1) Persons required to obtaln a masseur's permlt from the Police Department shall Subrnlt wlth their appllcation for said perm~t an applicat~on fee of one hundred seventy flve dollars ($175) to cover the cost of proceSslng the J appllcatlon and the cost of admlnlsterlng the competency exarnlnation. If it is necessary for I ~- r the appllcant to be re-examlned, an additlonal fee may be required to cover the costs of re-exaninatlon, WhlCh fee must be paid prlor to each succeSSlve examination. If, as a result of a decision denYlng a permit pursuant to subsectlon B of Section 62005, or for any other reason, an applicant does not take the examlna- tion, that portion of the one hundred seventy five dollar ($175) appllcation fee intended to cover the cost of adninistering the examination shall be refunded. (2) An additional fee of twenty dollars ($20) shall be required each t~e the masseur's permit is required to be renewed. ()} The application and renewal fees specified in this subsectlon shall be in addltlon to the - .. .; ~ :;~~ buslness license tax WhlCh a masseur 1S required >:':It. to pay pursuant to Section 6240 of the Code. ~':t .7Z"-. -22- -- - . . C. The fees specified In th~s section may be lncreased by resolution of the Clty Council, as necessary, to cover any increase ~n the costs of processlng applications and admin~ster~ng requlred examinations. SECTION 3. This ordinance is declared to be an emergency measure adopted pursuant to the prov~slons of Section 615 of the Santa Monica City Charter and ~s necessary for preserving the public peace, health and safety, and the urgency for ~ts adoption as set forth in the findings above. SECTION 4. Any provision of the Santa Monica Municipal Code or appendlces thereto inconsistent herewith~ to the extent of such lnconsistencies and no further, are hereby repealed or rnod~fied to that extent necessary to effect the provisions of th~s ordinance. SECTION 5. If any provision of this ordinance is held to be unconstitutional by any court of competent jurisdictlon~ ~t is the intent of the City Council that such portion of such ordinance be severable from the remalnder and that the rema~nder be g~Ven full force and effect. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordlnance. The City Clerk shall cause the same to be published once in the offlcial newspaper w~thin 15 days after its adoption. The ordlnance shall become effectlve from and after its adopt~on. APPROVED AS TO FOID1: ~_~_StMk. STEPlrCN SHAl\!E STARK Act~ng City Attorney -23- . . /' ADOPTED AND APPROVED THIS 22nd DAY OF July ~ J980 I ~\ n 1/7 .". :lAA1- ff-7~ ( J~f1l.YOR - "- / I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No. 1170, WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 2Znd DAY OF July 1 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 22ndDAY OF Ju~y BY THE FOLLOWING COUNCIL VOTE: 1 1980 ~ AYES: COUNCILMEMBERS: Jennings, Reed, Rhoden, Scott, van den Steenhoven, Bambrick NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None " - - ATTEST: ~~ CITY CLERK _~_.:::..._ ~_-'""" --....._--:.o....-_....._u ~~ -... .....--.= ~~..;;.;;- ..... ~ ~ _ . 'L,. ~ ..~---"':.f-~:~ : ,_--.:.,:;;j.I~-€~--"'~- -:;. - ~c-... ..:~_._-~.~ -"'--~.-:"-'t--~"7 . . 20 days after such not~ficatlon ~s mailed unless appealed in accordance with the provlsions of Section 9127K3. Section 9127K3. Appeals. 1. Persons whO may ~~peal. The owner or any person Who was a party to the hearlng may appeal the Dlrector's deterrnlnatlon to the Planning Commiss~on. Further, any member of the Plann~ng Commisslon may ask for a review of the determination. 2. Tlme ~?r Ap~~al. Any such appeal or review must be sought wlthin 20 days of the date the Dlrector's notice of deterrnlnation was Malled. 3. Procedures for Appeal. a. Any person seeklng an appeal shall flle a wrltten notice of appeal with the Director of General Services. b. Upon receipt of such notlce, the Dlrector of General Services shall forward the notlce to the Dlrector of Planning who shall set the matter for hearlng Defore the Plannlng Commlsslon at the earllest convenlent date. Wrltten notice of the appeal hearing shall be glven to all persons wno were party to the orlginal hearing. c. The Planning Commisslon Qay affirm, reverse, or modify the determinat~on of the Director of General Servlces. The decision of the Planning Commission shall be flnal. SECTION 2. Any provlsion of the Santa Monica Munlclpal Code or appendices thereto inconsistent therew~th, to the extent of such inconslstencies and no further, are hereby repealed or modified to that extent necessary to effect the proV1S1ons of thls ordinance. -4- . . SECTION 3. If any section, subsection, sentence, clause, or phrase of thlS ordinance is for any reason held to be inval~d or unconstitut~onal by a decislon of any court of any competent Jurisd~ction, such decision shall not affect the valldlty of the remalnlng port~on5 of the ord~nance. The City Council hereby declares that it would have passed this ordinance and each and every seetlon, subsectlon, sentence, clause or phrase not declared lnvalld or un- constitutional without regard to whether any portion of the ordlnance would be subsequently declared invalid or unconstltut~onal. SECTION 4. The Mayor shall sign and the Clty Clerk shall attest to the passage of thls ordinance. The City Clerk shall cause the same to be publlshed once in the offlclal newspaper within fifteen (15) days after its adoption. The ordinance shall become effectlve after thlrty (301_days from lts adoption. APPROVED AS TO FORM: ->-~ StJ.~ S.~e S1;~ STEPHE~ SHANE STARK Acting city Attorney -5- " t . ADOPTED AND APPROVED THIS OF I 19bO. July , 22nd DAY 0'. t3(h~ MAVc{i' -- I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No, 1171 I WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF July J 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 2Znq__DAY OF July BY THE FOllOWING COUNCIL VOTE: AYES: I 1988 COUNCILMEMBERS: Jennlngs, Reed, Rhoden, van den Steenhoven, Scott, Bambrick NOES: COUNCIlMEMBERS: ~one ABSENT: COUNCILMEMBERS: Yannatta Goldway ATTEST: '- ./ --- -~ _ Uj.:vn 'tl~iu~~ CITY CLERK