O2317City Council Meeting July 27, 2010 Santa Monica, California
ORDINANCE NUMBER 2317 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 7.10 TO UPDATE
AND CLARIFY THE URBAN RUNOFF POLLUTION ORDINANCE
WHEREAS, the City has a long and abiding commitment to the protection
of our beaches and ocean resources and to the protection of the health and
safety of the millions of residents and visitors who enjoy the Santa Monica
beaches and ocean front each year; and
WHEREAS, the City is authorized pursuant to Article XI, §5 and §7 of the
State Constitution to exercise the police power of the State by adopting
regulations to promote health, safety, and general welfare; and
WHEREAS, the City- is authorized under the California Water Code to
adopt and enforce regulations imposing conditions, restrictions, and limitations
with respect to any activity which might degrade the quality of waters of the
State; and
WHEREAS, the City's watershed management program consists of
operation and maintenance of the City-owned stormwater system; compliance
with Federal, State, and local regulations including inspections, monitoring, and
enforcement; implementation of the Santa Monica Bay Restoration Plan and the
Watershed
Management Plan; and capital improvement projects to reduce and treat polluted runoff;
and
WHEREAS, the City operates and maintains 20 miles of storm drains, 824 catch
basin and other major infrastructure; and
WHEREAS, the City is responsible for the quality of the runoff and for all water
quality permitting and compliance related to stormdrain discharges into the ocean or
ether water channels such as Ballona Creek; and
WHEREAS;. urbanization has led to increased impervious surfaoe areas that
results in inoreased runoff and the transport of pollutants to downstream receiving
waters and less percolation to groundwater aquifers; and
WHEREAS, State and Federal agencies have implemented stringent regulatory
standards for broad categories of water pollutants and continue to enhance these
requirements; and
WHEREAS, these regulatory standards inolude mandatory City oompliance with
Total Maximum ®aily Load {TMDLs}; and
WHEREAS, the TM~L standards for which the City is responsible are those
related to Santa Monica Bay and Ballona Creek; and
WHEREAS, the TMDL standards apply to both dry weather and wet weather
periods and cover a number of oontairsinants including baoteria; trash, toxios, metals,
pestioides and herbioides, and osl and grease; and
WHEREAS, these standards are in addition to the M1lational Pollution ®ischarge
Elimination System {hiPC3ES} permit requirements for all municipals#ies with Los Angeles
County which have been in place since 1995; and
WHEREAS, in a dynamic regulatory environment that continues to be developed
by the Regional Board, established TM~Ls are continuously revisited and updated, new
T~1C3Ls continue to be established, and the City`s complianoe responsibilities continue
to change over time; and
WHEREAS, the City has established a mufti-faceted approaoh to stormwater and
runoff treatment and management; and
WHEREAS: in August 1992, the City adopted the Santa fUlonica Urban Runoff
Pollution Control {7rdinance to reduce detrimental water quality impacts from urban
runoff on the s3ay by requiring a runoff reduction of 20 percent for all new development,
implementing poilution control standards for construction sites, and setting good
housekeeping requirements far existing parcels; and
WHEREAS, in July 1995, the City created a Storrnwater Enterprise Fund and
adopted a starmwater parse! fee to cover capital and operational costs associated with
the storm drainage system and the management and administration thereof; and
WHEREAS, in R9ovember 2000, in response to new Regional Board
requirerrtents, the City revised the Urban Runoff Qrdinance to establish an urban runoff
retention or treatment standard of the vo€ume of runaff produced from a 0.75 inch storm
event; and
WHEREAS, in July 2006, the City approved a Santa Monica Watershed
iVlanagement Plan which is designed to reduce urban runoff pollution, reduce urban
flooding, increase water reuse and conservation, increase recreational opportunities
and open space and increase wildlife and marine habitat; and
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WHEREAS, the urban runoff management and pollution prevention activities of
the Plan will assist the City in complying with NP®ES permit requirements and meeting
the goals of the Clean Water Aot and new requirements promulgated by the Regional
Board relating to TMDLs.
WHEREAS, in November 2006, the. Santa Monica voters approved the Clean
Beaches and Ocean Parcel Tax {Measure V) to raise revenues to implement the City's
Watershed Management Plan; and
WHEREAS, on January 26, 2010, the City Council adopted the Measure V FY
2010-11 through FY 2014-15 Five Year Plan which includes green streets, park retrofits
where storm water is harvested and used for irrigation purposes, parkwaylsidewall<
biofilters; catch basin inserts, curb extensions, rebate programs for the installation of
rain barrels, cisterns, and for downspout redirection, regional project contributions, and
the use of permeable surfaoe construction in the public right of way: and
WHEREAS, the City can mitigate the negative impacts of development and
urbanization by' implementing new developmenttre-development performance criteria,
known as Low Impact [development whioh is widely recognized as an appropriate
approach to watershed management; and
WHEREAS, the Measure V funds are not sufficient to meet all the water quality
standards that the City 'ss required to comply with, but are used to address urban runoff
polls.stion generated from public and private lands, in oonjunction with all funds
generated by the City's Stormwater Enterprise Fund; and
Wf-tEREAS, the proposed revisions to the City's urban Runoff {)rdinance
incorporate necessary changes based on the City's extensive experience in
implementing the Ordinance, the objectives of the City's Watershed Management Plan,
and an Regional Saard requirements that are expected to becorrre part of the new
NPDES permit,
NOW: THEREFORE; THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREPI` ORC~AIN AS FOLLOWS:
SECTION 1. Chapter 7.1fl of the. Santa Monica Municipal Cade is hereby
amended as fellows:
CFiAP`C 7:1.4 13R~N RiSN{3FF POllllTtC7N
7.10.4117 F9ndir€~.
The City Council finds and declares:
{f} To promote sustainable solutians for urban runoff pollution
and the use of local non-potable water supp€ies, the City strongly
encourages the use o€ dry weather runoff, rain water and storm water
harvested 6y post-construction i31~Ps which co€lect and store runoff for
non-patable onsite uses.
{g} Et is in the best interest of the City to establish guidelines for
control of the quality and quantity of urban runoff within the Gity.
the purpose of this Chapter is to permanently modify the behavioral
7.9fl.03Q ~efse~itians.
the following wards and phrases steal! have the following meanings
when used in this Chapter:
{aj Aoa~ssa~ry wild°sra A detached building on the same
parce€ as the principal building, regardless of its distance from the
principal building, which is incidental and subordinate to the principal
building in terrr~s of size and use.
(b) ,4rea >vsceptible to RvnofEo Any non-permeable sur€aoe
directly exposed to precipitation or in the path of runo€€ which leads
directly to neighboring properties or to the public right-of-way.
{c) hest l~anagerraent Practices {"Rs99~, f~on-structural
strategies and structural devices, whether temporary and permanent,
practices that reduce the pollution contained in, and the volume o€, water
which runs into storm drains, treatment €acilities and the Santa fvlonica
Bay. These BMPs include but are not limited fio good housekeeping
regvireents (t~hlR), postwconstruction Ps, €vl! capture trash
GPs, source contra! Rs, ~trvctaara! NtPs, and treatraaent contra!
ins.
{d} ~n~ironrraentally ~ensitiue Area {SSA). Area designated
by the Regional Board requiring special protection because of its
landscape, wildli€e or historical value.
{e} Fvf! t;apture 7'rasia ~~. A structural device or series of
devices installed to remove all particles larger than 5 mm and having a
design fireatrnent capacity of not less than the peak flow rate resulting €rom
a one-year, one-hour storm. Such a system is considered a post®
construction 131~IP and treatrent controi ~iUIP.
(f} ~aad Flausekeeplrag ~ega~lrerra~rats {"{~Ft~"}. t~rbara
ruraaff palla3tlara control practices applicable to all properties, which have
been demonstrated to significantly reduce and control Barbara raanoft, such
as suurce grad treatra~ent central Baps.
(g} t°oreen ~ranspc~rtatlan Infrastructure. streets, roads and
alleys that have past-canstructlar~ BI~s to harvest runoff for storage
and onsite use, including green streets and green alleys.
(h} liardscape. Any impermeable surface exposed to
precipitation or runoff.
(i} F9lerardhy of Bfps. A list of acceptable past-canstructlara
Bhp categories that identifies and ranks the most sustainable to least
sustainable strategies to reduce e~rbars runaff pa[laatlara srs cara~pliance
with this ordinance.
(j) Law Iraapact ~velapra"aerat {L1C3~. L!D is a comprehensive
(k} ua~lcipal ~~parata ~tarrn fewer ~ysterr~ {~a). An ~d
is a municipal piping system that conveys dry weather runoff or storm
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(1 } Any construction project on a vacant parcel.
(3) Any construction project that involves a separate new
structure with an exterior footprint of 40fl square feet or more, including an
aecessa~~y build`arag, on one parcel with existing structures.
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{4} Any construction project €oeated in or direct€y adjacent to; or
discharging directly to, an environmentally sensitive Area.
{n} Prsst-~asnstructlon F~. A permanent, structura€ BMP that
rerrrains on a parcel after the completion of a rie develcstsrnentlre-
developrr~erst project to comply with urban runoff mitigation requirements.
{o} Prlriclpa! ~ssilc!lrag. The building containing the primary or
predominant use of any site.
{q} ~ala~water ~larvestln€~. The process of codleoting, treating,
storing and using rain water from onsite or offsite impermeab€e areas for
non-potab€e uses.
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{r) Scs~srce ~oratroi ~P. Non-structural activities, practices, and
procedures that are designed to prevent urban runoff pollution.
{s) Standard urban Storrr~ Qatar Itae~atioro Plaro ~StlSE~IP).
Plans developed by the Los Angeles bounty that designate pest-
~ortstructtcrn ~P~Ps that must be used in the nine speoifiied categories of
development projects to oomply with the regional ~€P~}ES permit.
{t) Stara, v~rzt. 0.75 inches of rainfall within a 24 hour period
that is separated from the previous storm event by at least seventy-two
hours of dry weather, unless a more stringent standard is mandated by
federal, state, or looal law.
{u) Starrn mater: Rain water that has become runoff on a
property and flows off the property and enters the 5~.
{v) Stra~otural 13P. Any temporary or permanent structura€
facility designed and .constructed to mitigate the adverse impaots of storm
water and urban runoff pollution.
{w) Se~bstarotial ~erraadal. A structure shall be deemed to have
been substantially remodeled or demolished if at least fifty percent of
exterior walls have been removed or relocated for any duration of time.
In determining whether a project is a substantial remodel, a wall
shall be deemed to be demolished if the structural supporting members
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(aa} 1Jri~ar~ Raar~o#f. surface water flowing off of a parcel and into
the ~~.
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(bb} urban ~sr~off polit~tion. Suspended or dissolved
contaminants within urban runoff including but not limited to sediments,
heavy metals, organic chemicals, nutrients; oil and grease, trash. and
bacteria flowing through the S4 to a storm drain, treatment facility and
the Santa Monioa day.
(oo} lJrban ~aanoff ~Aitigation plan. A plan that shall be
submitted and approved in connection with any project that is subject to
7.10.t}5Q.
{dd} 1Jrban Fta~r~off Red~otia~n Fee. A fee paid to the City by the
applicant pursuant to Section 7.'1(I.Q50 {q) in lieu of constructing a post-
oor~strotinr~ p to comply with this Chapter.
7,1(1,04.0 food housekeeping rega~ireet~er€ts for red~actior~ of
urban ra~noff applioable to aii properties.
the fallowing good housekeeping requirements shall be adhered to
by all persons within the City and shall apply to all properties: pubfio and
private.
{a} Ccsllecticsn, Storage and inirraizatiora of Runoff.
(1} Water used for irrigation purposes sha11 not be allowed #o run
off of a parcel.
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{5) swimming pools, hot tubs, spas, fountains and water
features shad be drained to permeable surfaces and/or to the sanitary
sewer, and the water shall not be allowed to fiiow along fhe ground surface
and into the public right-of-way.
{b} airster3ar~ce of ~graiprr~errt.
{1) ~bjeots, such as vehicle motor parts oontaining grease, oil
or other hazardous substances; and unsealed receptacles containing
hazardous materials shall not be stored in areas susceptible to
preoipitation or runoff.
{2) Any machine which is to be repaired or maintained in an
unoovered outdoor area shall be placed on a pad of absorbent material to
contain leaks, spills or small disoharges.
{3} €vtachinery and equipment, including motor vehioles that are
leaking significant amounts of oil or fluids must be repaired immediately.
Any leaks shall not be allowed to leave the property or enter the MSS.
{c) arraova@ of ®ebris and esldcre.
{1 } All motor vehicle parking lots susoeptible to precipitation or
runoff steal! be swept, at minimum, on a monthly basis to remove debris.
dots with more than ten parking spaces and all public parking facilities
shall be vacuum swept, at minimum, on a quarterly basis. However, lots
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are not required to be vacuum swept for one month following a clay when
precipitation of one-half inch or more occurs.
{2} FueE and chemical residue or other types of potentially
{3} Intentional disposal of any trash, litter, animal waste, debris
or hazardous material of any type into the public right-of-way {storm drain
conveyance system} or a storm drain or catch basin is prohibited. Section
5.20.040 of this Code prohibits discharge of other types of pollutants into
the storm drain.
7.10.050 !lrban runoff reduction rega~ires~ents fear new
~~er~[oprrrentlre®d~v~iopent.
~'he following urban runoff reduction requirements shall apply to all
persons submitting applications for flew l~evelopmentlRe-development
within the City.
{a} At the time of submittal of an application for a new
developmentlre-development project, an applicant shall be required to
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submit an Urban runoff Mitigation Plan to the Department of Public
Works.
{? } where seasonal high groundwater is within 10 feet of surface
grade;
{2} within 10U feet of a groundwater well used for drinking water;
{3} at a Brownfield Development site or other location where
pollutant mobilization is a documented concern;
{4} within potential geotechnical hazards; or
(5) on a site with impermeable soil type as indicated in applicable
soils and geotechnical reports.
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Rn applicant shall only be authorized to treat and release when the
applicant demonstrates that the City is required by Mate or federal law to
authorize a treat and release BAP.
{c) The design elements utilized by an applicant may, but are not
required to, include the #ollowing so long as the Project Mitigation Volume
is treated by an authorized BMP:
{3 } Direct runoff to rainwater or stormwater harvesting systems
{rain barrels and cisterns) for non-potable uses.
{2) Use permeable areas with Low Impact Development
strategies to allow passive rainwater harvesting for more percolation of
runoff into the ground through such means as:
{,4) Bloretention;
{B) Green strips, including parkways and medians. The use of
landscaped BMPs to mitigate runoff from imperrr'eable areas must include
the appropriate storage volume for the required mitigation volume, in
addition to precipitation volumes falling on these surfaces.
{C} Swales;
{D} Landscapes. The use of landscapes to mitigate runoff from
impermeable areas must include the appropriate storage volume for the
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required mitigation volume, in addition to precipitation uoiurnes falling on
these surfaces; or
{E) Permeable paving materials, such as but not limited to
pervious concrete and porous asphalt, permeable concrete and plastic
modular and interlocking paving materials, and equivalent materials. The
use of this DEV1P to mitigate runoff from impermeable areas must include
the appropria#e storage volume for this required mitigation volume, in
addition to precipitation volumes falling on these surfaces.
{3) Direct runoff to permeable areas for infiltration through Low
9mpact Development strategies. The use of permeable areas to mitigate
runoff from impermeable areas must include the appropriate storage
volume for this required mitigation volume, in addition to precipitation
valumes falling on these surfaces:
{A} Orient roof runoff and direct downspauts towards permeable
surfaces, infiltration pits {drywalls), french drains, or other structural i3NIPs
rather than directly to driveways, parking lots or other non-permeable
surfaces so that runoff will penetrate into the ground instead of flowing
offsite to the liASa.
{D} Grade the parcel to divert flow to permeable areas.
{C} Use retention structures or terrain {green or eco) rooftops to
harvest precipitation or runoff.
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{D} Remove or design curbs, and berms to allow runoff from
impermeable surfaces {e.g. parking lots} to drain to permeable or
landscaped areas.
{} Direct downspouts to permeable areas instead of to the N1S4.
{F} For structures without roof gutters and downspouts, a[I runoff
must fall onto or drain directly or indirectly to permeable areas having
proper grading and storage volume for the required mitigation volume, and
pose no threat to structural integrity or adjacent structures.
{G} Surface parking Eots with no sub-surface structures shall
{d) For purposes of compliance with this Section, exoluding any
impermeable deck areas, the surface area of pools, hot tubs, spas,
fountains and water features shall be considered 10Q°lo permeable, if
these water features discharge to the sanitary sewer.
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{e} The Urban Runoff Litigation Plan must also include the
applicant's plan for the maintenance of all SLPs requiring ongoing
maintenance.
{f} All Urban Runoff Litigation Plans must include the
subsection {p} of this Section.
{g) In addition to the design standards required in subsection
{c}, the following design strategies established in this subsection {g} shall
be required for all new developmentlre-development except single-family
residences:
{1 } Urban runoff shall not be allowed to corns into contact with
the following areas:
{A} Loading and unlaading dock areas;
{B} Vehicle repair and maintenance bays;
{C} Vehicle and equipment wash areas; and
{E3} Fueling areas.
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{2} Where new development/re-development wil! include
outdoor areas for the storage of material that may contribute pollutants to
the storm water oonveyanoe system, these materials must be:
{A} Placed in an enclosure such as, but not limited to, a cabinet,
shed; or similar struoture that prevents contaot with runoff or spillage to
the storm water conveyanoe system; or
{B} Protected by secondary containment steuctures such as
berms, dikes, or ourbs.
{3} The outdoor storage area for materials subject to subdivision
{2} of this subseotion {g} must be:
{A} Paved and sufficiently impervious to contain leaks and spills.
{B) Covered with a roof or awriing to minimize colleotion of storm
water within the secondary containment area.
{4} In addition to the requirements of section 9.04.10.02.150, the
area where a trash receptacle or receptacles are laoated for use as a
repos'story for solid wastes must meet the following Structural or Treatment
Control i3N1P requirements:
{tk} Drainage from adjoining roofs and pavement must be
diverted .away from the trash storage areas:
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{C) Trash bins must have solid covers and be oovered at all
times except whale being emptied.
{h) The City shall maintain a list of locations where certain types
of B~Ps may not be appropriate due to existing hydro-geological
conditions aradlor sub-surface contamination:
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{k} Any additions! requirements imposed by the current 6VPDES
permit andlor TMDL.
{!} .The Gity wil! evaluate each Urban Runoff Mitigatian Plan to
ascertain if the praposed plan meets the standards set forth in subseotion
{b} of this Section. Each pian will be evaluated on its awn merits aooording
to the particular characteristlos of the projeot and the paroei to be
developed.
{m} The Directar of the Department of Public Works or his ar her
designee shall apprave or disapprove the plan. Any plan disapproved by
the Directar afi Department of Public Warks ar his ar her designee must be
revised by the deve(aper and resubmitted for further review and appraval.
{n} fro building permit shall be issued until an Urban Etunofit
Mitigation Plan has been approved by the Department of Public Warks.
{o} The property owner or designated management entity shall
be responsible for annual maintenance of its l3MP, which will include an
inspectian of apprapriate BMP components.
{p} The owner or the selling agent of any real property that has
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{tj An applicant and any successor in interest shall comply with
the Urban Punoff Mitigation Plan, incEuding installation of any required.
BMP and its maintenance.
{u} Rny structural or treatment control BMP used for runoff
mitigation must inciude a full capture trash system.
{vj The City shall maintain a list of authorized Post-construction
7.10.06ffi tlrbars runoff raga°sres~er~ts for coratruction parcets.
The following Best Management Practices, which address the
problem of urban runoff pollution, shall apply to all construction parcels in
the City. These requirerr~ents shall apply at the commencement of
demolition of an existing structure andtor commencement of construction
and until issuance of a certificate of occupancy.
{a} A copy of any Storm Water Pollution Prevention Plan
{SWPPPj required to be submitted to the F2egional Board shall be
submitted to the City at the same time..
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{b} ,Polluted runof€ {including runoff containing sediments andlor
disposed.
{o} Any sediment or other materials that are tracked off the
parcel by vehicles and equipment shall be removed the same day as they
are tracked off the parcel. Where determined to be necessary by the
Director of the Department of Public Vilorks or his or her designated
representative, atemporary sediment control BfV1P shall be installed.
{d} For any paint removal, paint preparation, or sandblasting
activities that will result in particles entering the air or landing on the
ground, BAP steps ~hafl be implemented to prevent or minimize to the
maximum exfient praotioabfe such particle releases into the environment.
{e} Plastic covering shall be utilized to prevent erosion of an
otherwise unprotected area, e.g. exposed or open to elements, along with
treatment control B[ViPs to intercept and safely convey the runoff to the
~4~
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{f} Rlo washing of construction or other vehicles shall be
allowed adjacent to a construction parcel. IVo polluted runoff from washing
vehicles on a construction parcel shall be allowed to leave the parcel.
{g} Prosion drainage controls shall be utilized depending on the
extent of proposed grading and topography of the parcel to prevent runofF,
including but hot limited to the following:
{1 } Detention ponds, sediment ponds; or infiltration pits;
{2) Dikes, filter berms or ditches; or
{3} Down drains, chutes or flumes.
7.9(b.f37fl Enfnres~nt and penalties.
{a} Criminal Penalty. Any person who is convicted of violating this
{b} Civil Action. Any person, including the City, may enforce the
provisions of this Chapter by means of a oivil aotion.
{o) Any person who violates any provision of this Chapter shall be
subject to administrative fines and administrative penalties pursuant to
Chapter 1.09 and Chapter 1.10 of this Gode.
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3~
7.10.00 R~c€iti®nal best rnanas~arra~nt pra~tscea r~q~airemerats.
If a determination is shade by the C3ireotor of the ®epartsnent of
Public Works that the public health and safety may be compromised
SECTION 2. The Counoil finds that the adoption of these ordinances is
exempt from the provisions of the California Environmental Quality Act pursuant to
CEQA Guidelines Section 150f1{b}{3}.
SECTION 3. Any provision of the Santa Monica Municipai 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 effeot the provisions of this Ordinance.
SECTION ~. If any section, subsection, sentence, clause, or phrase of this
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or phrase no# declared invaiid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTlC?R! 5. The Mayor shad sign and the City Clerk shelf attest to the passage
of this C)rdinanoe. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This ~rdinanoe shall become
ef€eotive 30 days from its adoption.
APPFiflV~D A;5 TC1 FC?Rf~;
A S A J S MOU~ !E
Cit ttorn y
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Approved and adopted this 27th
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
1, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2317 (CCS) had its introduction on July 13th, 2010, and
was adopted at the Santa Monica City Council meeting held on July 27th, 2010,
by the following vote:
Ayes: Council members:
Holbrook, Davis, McKeown, O'Day
Mayor Shriver
Noes: Council members:
Abstain: Council members:
Absent: Council members:
None
None
Bloom
Mayor Pro Tem O'Connor
A summary of Ordinance No. 2317 (CCS). was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, Ci Clerk