O1272
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City Council Meeting 2-22-83 Santa Monica, California
ORDINANCE NUMBER 1272(CC5)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING
SECTION 3611A and SECTION 3611B
TO THE SANTA MONICA MUNICIPAL CODE
RELATING TO REFUSE REQUIREMENTS AND LIGHTING
ON MALL COURT WEST AND MALL COURT EAST
WHEREAS, pursuant to the Pedestrian Mall Law of 1960, the
City Council established a pedestrian mall on Third Street
between Wilshire Boulevard and Broadway: and
WHEREAS, the Parking Authority of the City of Santa Monica
has financed and constructed six parking structures adjacent to
the pedestrian mall serving the parking needs of the downtown
area: and
WHEREAS, the City of Santa Monica leases the parking
structures from the Parking Authority of the City of Santa
Monica: and
WHEREAS, three of the parking structures are adjacent to
Mall Court West and three of the parking structures are adJacent
to Mall Court Easti and
WHEREAS, persons parking in the parking structures
regularly use Mall Court West and Mall Court East for purposes of
walking to retail, commercial, and residential buildings on the
pedestrian mall and in other downtown locations: and
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WHEREAS, the current method of storing refuse on property
adjacent to Mall Court West and Mall Court East results in filthy
and unsightly conditions that discourage public usage of Mall
Court West and Mall Court East; and
WHEREAS, inadequate lighting discourages public usage of
Mall Court West and Mall Court East; and
WHEREAS, in order to protect and promote the public health,
safety, and general welfare of the City of Santa Monica, uniform
refuse disposal standards and lighting must be required,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3611A is added to the Santa Monica
Municipal Code to read as follows:
Section 36llA. Special Refuse
~~quirernents for Mall Courts. The
following requirements apply to the
outdoor storage of refuse in the area
bounded by Wilshire Boulevard, Fourth
Street, Broadway, and Second Street:
(a) All outdoor refuse storage and
collection points shall be adjacent to
Mall Court West and Mall Court East.
(b) All refuse containers shall be
enclosed either by placing them inside
buildings or by placing the~ inside
exterior enclosures.
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(c) All exterior enclosures shall
be constructed to shield from view all
refuse bins and containers together with
all refuse. The enclosures sha 11 be
designed to keep refuse from blowing to
adjacent areas and to enhance the
appearance of the rear of buildings.
(d) Enclosures
shall
be
con-
structed as permanent structures in
accordance with plans and specifications
on file in the office of the Director of
General Services.
(e) Enclosures shall be located on
pri vate property and not on any public
right-of-ways. If an existing building
is located on the public right-of-way or
too close to the public right-of-way to
allow construction of exterior
enclosures, the refuse containers shall
be placed 1nside the building unless the
Director of General Services aetermines
that such placement is economically
infeasible. In the event the Director of
General Services determines that inside
placement is economically infeasible, the
owner of the property for which such
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determination was made shall do one of
the following:
(1) Enter into an agreement with
adjacent property owners to store refuse
on adjacent property in enclosures
meeting the requirements of this section.
(2) Enter into an agreement with
the City of Santa Monica to place refuse
in enclosures constructed or to be
constructed by the City in the nearest
public parking structure, which agreement
shall require the immediate payment of
$2,000.
(f) On and after October 1, 1983,
in the area subject to this section, no
person shall store any refuse contrary to
the requirements of this section and no
person shall collect any refuse stored
contrary to the requirements of this
section.
(g) The
Director
of
General
Services may waive the requirements of
this section upon a finding that on the
date of adoption of this section an
enclosure was provided in substantial
compliance with the requirements of this
section.
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SECTION 2.
Section 361lB is added to the Santa Monica
Municipal Code to read as follows:
Section 36llB. Li9htin9 Requi re-
ments for Ma 11 Courts. The following
requirements apply to alley lighting in
the area bounded by Wilshire Boulevard,
Fourth Street, Broadway, and Second
Street:
(a) All buildings shall have
exterior lighting on the building
frontage facing Mall Court West or Mall
Court East.
(b) Lighting
shall
be
in
accordance with plans and specifications
on file in the office of the Director of
General Services. The lighting fixtures
shall be maintained in good working
condition and shall be illuminated fro~
sunset to sunrise each day.
(c) The number of light1ng
fixtures shall be not less than two
lighting fixtures for each lot that the
building occupies.
(d) The owner of any building
subject to this section shall install or
cause to be installed lighting meeting
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the requirements of this section on or
before July 1, 1983.
(e) The Director of General
Services may waive the requirements of
this section upon a finding that on the
date of adoption of this section lighting
had been installed in substantial
compliance with the requirements of this
section.
SECTION 3. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such 1nconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 4. 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 any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Counci 1 he reby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause or phrase not
declared invalid or unconstltutional without regard to whether
any portion of the ordinance would be subsequently declared
lnvalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. This City Clerk shall
cause the same to be published once in the official newspaper
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within 15 days after its adoption.
.
The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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Robert M. Myers
City Attorney
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ADOPTED AND APPROVED THIS
2Znd
DAY
OF
February
, 1983.
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I j.t~ C/t.. / l:4~u~ ~' - [t4
~ /( V /
MAYOR ~
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
(CCS), WAS DULY AND REGULARLY INTRODUCED AT A
NO. 1272
MEETING OF THE CITY COUNCIL ON THE
8th DAY OF February
1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 22nd DAY OF February
1983 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNC I LMEMB ERS: Conn, Jennings, Press, Reed, Zane
and >tayor Yannatta Go1dl\ay
NOES:
COUNC I LMEMB ERS : ~!one
ABSENT:
COUNCILMEMBERS: Edwards
ABSTAIN:
COUNCILMEMBERs:None
ATTEST:
~ Y1:rv
CLERK