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O1272 . e CA:RMM:r 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 1 e e 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. 2 e e (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 3 e e 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. 4 e e 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 5 e e 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 6 e within 15 days after its adoption. . The ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~ Robert M. Myers City Attorney 7 e e ADOPTED AND APPROVED THIS 2Znd DAY OF February , 1983. //) ; I ~~A 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