O2390Council Meeting: 2 -28 -2012
Santa Monica, California
ORDINANCE NUMBER 2390 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTERS 8.106 AND 8.108 OF THE SANTA MONICA MUNICIPAL
CODE RELATED TO GREEN BUILDING DESIGN AND CONSTRUCTION AND
DEMOLITION WASTE HANDLING REQUIREMENTS
WHEREAS, the City of Santa Monica is committed to maintaining a land use and
building permit process that is reasonable and efficient; and
WHEREAS, in recent years there has been both worldwide and local concerns
raised about escalating energy costs and the effects of global warming; and
WHEREAS, buildings consume approximately 70% of the electricity in the United
States and building construction and demolition practices consume large quantities of
valuable resources; and
WHEREAS, the City of Santa Monica has a long standing commitment to
leadership in green building standards, sustainable design and construction practices,
water and other resource conservation and the reduction of greenhouse gas emissions;
and
WHEREAS, precious resources can be saved and harmful environmental
emissions can be reduced by the inclusion of sustainable construction and demolition
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practices and by incorporating green building standards, practices and principles into
building and landscape design, maintenance, construction and demolition; and
WHEREAS, the standards and requirements set forth in this ordinance are
consistent in principle with the goals, objectives, policies, land uses and programs
specified in the City's adopted General Plan; and
WHEREAS, Health and Safety Code Section 18938 provides that the triennial
edition of the California Building Standards Code establishes building standards for all
occupancies throughout the State and requires that these standards incorporate the
latest editions of the Technical Codes with necessary California amendments; and
WHEREAS, Health and Safety Code Section .18941.5 provides that the City may
establish more restrictive building standards if they are reasonably necessary due to
local climatic, geological or topographical conditions; and
WHEREAS, Public Resource Code Section 25402.1(h)(2) provides that a local
enforcement agency may adopt more restrictive energy standards when they are cost-
effective and approved by the Energy Commission; and
WHEREAS, at its October 26, 2010 meeting, the City Council considered the
2010 edition of the California Building Standards Codes, which incorporates by
reference the various editions of the Technical Codes, and all of the referenced
standards, tables, matrices and appendices of each of these Codes therein; and
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WHEREAS, on November 9, 2010, the City Council adopted Ordinance Number
2328 (CCS), which adopted by reference the 2010 edition of the California Building
Standards Codes and the Santa Monica local amendments to these Technical Codes;
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WHEREAS, the State Energy Commission approved these recommended
changes on February 8, 2012; and
WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain additional
modifications and additions to the California Building Standards Code are reasonably
necessary based upon local climatic, topographical and geological conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 8.106.030 of the Santa Monica Municipal Code is hereby
amended as follows:
8.106.030 Mandatory and voluntary measures.
Amend Section 101.10 of the 2010 California Green Building Standards Code
to read as follows:
101.10 Mandatory and Voluntary Measures. This code contains both
mandatory and voluntary green building measures. Mandatory and voluntary measures
are identified in the appropriate application checklist contained in this code. The
mandatory measures of Chapter 4 and voluntary measures of Appendix A4 are
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applicable to new low -rise residential buildings. The mandatory measures of Chapter 5
and voluntary measures of Appendix A5 are applicable to all new buildings which are
not low -rise residential buildings.
Section 2. Section 8.106.050 of the Santa Monica Municipal Code is hereby
amended as follows:
8.106.050 Additional Definitions.
Amend Section 202 of the 2010 California Green Building Standards Code to
include the following:
Sustainability. Consideration of present development and construction
impacts on the community, the economy, and the environment without compromising
the needs of the future.
Unshaded. A roof area is considered unshaded if it is unshaded by fixed
objects during the majority of the daylight hours between March 21st and September
21 st.
Section 3. Section 8.106.055 of the Santa Monica Municipal Code is hereby
added as follows:
8.106.055 Low -Rise Residential Energy Efficiency
Amend Section 4.201 of the 2010 California Green Building Standards Code to
read as follows:
4.201.1 Energy Efficiency
All new buildings shall be designed to use fifteen percent (15 %) less energy than
the allowed energy budget established by the California Energy Code.
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4.201.3 Solar Pool Heating
a) For new pool construction, if the pool is to be heated, renewable energy
shall be used for such heating provided that:
1) the surface area of the solar collectors used to generate such renewable
energy is equal to or greater than seventy - percent (70 %) of the surface area of the pool;
or
2) renewable energy provides at least sixty - percent (60 %) of the total energy
necessary for heating purpose.
b) Electrical resistance heaters that are not powered directly by renewable
energy sources shall not be used to heat pool water.
c) The requirements of this Section shall be waived or reduced, by the
minimum extent necessary, in situations where installation of solar water heating is
technically infeasible due to lack of unshaded area to install solar collectors, lack of
adequate roof space, water pumping energy use exceeding half of the energy derivable
from the renewable energy system, or other similar conditions.
4.201.4 Pipe Insulation
When a water heater is installed in any new or existing building, all exposed and
accessible domestic hot water distribution and recirculation system piping connected to
such water heater shall be thermally insulated from the water heater to the end -use
fixtures. Insulation thickness shall meet the requirements of the California Energy Code.
4.201.5 Solar Ready Requirements
All new buildings shall provide solar -ready roof area to facilitate the installation of
future solar energy equipment.
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a) Such solar -ready roof area shall be:
i) Either flat, or south - facing with a thirty -three percent (33 %) roof
slope (four units vertical in twelve units horizontal) or less;
ii) Unshaded;
iii) Free from obstructions;
iv) In contiguous areas of no less than 100 square feet; and
v) Not otherwise required to be left open and unobstructed in order to
ensure adequate fire or life- safety protection, including but not limited to required
clearances for firefighting access.
b) Minimum solar -ready roof space required:
i) Single Family Dwellings: 250 square feet
ii) All other buildings: thirty percent (30 %) of the total roof area
c) Exceptions:
The requirements of this Section shall be waived if:
i) The building is designed and constructed with a solar energy
system that is tied to the electrical grid and is capable of generating electricity;
ii) The roof of the building is designed and approved to be used for
vehicular traffic or parking; or
iii) Compliance is technically infeasible due to lack of sufficient
unshaded area based on surrounding conditions, lack of sufficient roof space or
other similar conditions.
Section 4. Section 8.106.057 of the Santa Monica Municipal Code is hereby
added as follows:
8.106.057 Low -Rise Residential Plumbing Fixture Requirements
Add Section 4.303.1.1 to the 2010 California Green Building Standards Code to
read as follows:
4.303.1.1 Applicability. New plumbing fixtures installed in any new or existing
building, including additions, alterations, and repairs, shall meet the water use
specifications established in Section 4.303.1.
The requirements of Section 4.303.1.1 shall be waived if the applicant can
demonstrate that compliance is technically infeasible due to insufficient waste line carry
or other similar conditions.
Section 5. Section 8.106.180 of the Santa Monica Municipal Code is hereby
added as follows:
8.106.180 Non - Residential and High -Rise Residential Energy Efficiency
Amend Section 5.201 to the 2010 California Green Building Standards Code to
read as follows:
5.201.1 Energy Efficiency
All new buildings shall be designed to use fifteen (15 %) less energy than the
allowed energy budget established by the California Energy Code.
5.201.3 Solar Pool Heating
a) For new pool construction, if the pool is to be heated, renewable energy
shall be used for such heating provided that:
1) the surface area of the solar collectors used to generate such renewable
energy is equal to or greater than seventy - percent (70 %) of the surface area of the pool;
or
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2) renewable energy provides at least sixty - percent (60 %) of the total energy
necessary for heating purpose.
b) Electrical resistance heaters that are not powered directly by renewable
energy sources shall not be used to heat pool water.
c) The requirements of this Section shall be waived or reduced, by the
minimum extent necessary, in situations where installation of solar water heating is
technically infeasible due to lack of unshaded area to install solar collectors, lack of
adequate roof space, water pumping energy use exceeding half of the energy derivable
from the renewable energy system, or other similar conditions.
5.201.4 Pipe Insulation
When a water heater is installed in any new or existing building, all exposed and
accessible domestic hot water distribution and recirculation system piping connected to
such water heater shall be thermally insulated from the water heater to the end -use
fixtures. Insulation thickness shall meet the requirements of the California Energy Code.
5.201.5 Solar Ready Requirements
All new buildings shall provide roof area to facilitate the installation of future solar
energy equipment.
a) Such roof area shall be:
i) Either flat, or south - facing with a thirty -three percent (33 %) roof
slope (four units vertical in 12 units horizontal) or less;
ii) Unshaded;
iii) Free from obstructions;
iv) In contiguous areas of no less than 100 square feet; and
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V) Not otherwise required to be left open and unobstructed in order to
ensure adequate fire or life- safety protection, including but not limited to required
clearances for firefighting access.
b) Minimum solar -ready roof space required:
i) All buildings: thirty percent (30 %) of the total roof area
C) Exceptions:
The requirements of this Section shall be waived if:
i) The building is designed and constructed with a solar energy
system that is tied to the electrical grid and is capable of generating electricity; or
ii) The roof of the building is designed and approved to be used for
vehicular traffic or parking; or
iii) Compliance is technically infeasible due to lack of sufficient
unshaded area based on surrounding conditions, lack of sufficient roof space or
other similar conditions.
Section 6. Section 8.106.190 of the Santa Monica Municipal Code is hereby
added as follows:
8.106.190 Non - Residential and High -Rise Residential Plumbing Fixture
Requirements
Add Section 5.303.1.1 to the 2010 California Green Building Standards Code to
read as follows:
5.303.3 Applicability. New plumbing fixtures installed in any new or existing
building, including additions, alterations, and repairs, shall meet the water use
specifications established in Section 5.303.2.
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The requirements of Section 5.303.3 shall be waived if the applicant can
demonstrate that compliance is technically infeasible due to insufficient waste line carry
or other similar conditions.
Section 7. Section 8.108.110 of the Santa Monica Municipal Code is hereby
amended as follows:
...
8.108.110 Definitions.
For the purposes of Subpart C of this Chapter, the following definitions shall
(a) "Class III landfill' means a landfill that accepts non - hazardous resources
such as household, commercial, and industrial waste, resulting from construction,
remodeling, repair, and demolition operations. A Class III landfill must have a solid
waste facilities permit from the State of California and be regulated by an Enforcement
Agency.
(b) "Construction and demolition material' (C &D Material) means building
materials and solid waste resulting from construction, remodeling, repair, cleanup, or
demolition operations that are not hazardous as defined in California Code of
Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to,
asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard,
cardboard, and other associated packaging, roofing material, ceramic tile, carpeting;
plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and
other vegetative matter resulting from land clearing and landscaping for construction or
land development projects.
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(c) T &D recycling center" means a facility that receives only C &D material that
has been separated for reuse prior to receipt, in which the residual (disposed) amount
of waste in the material is less than ten percent of the average weight of material
separated for reuse received by the facility over a one month period.
(d) "City- sponsored project" means a project constructed by the City or a project
receiving fifty percent or more of its financing from the City.
(e) "Conversion rate" means the rate set forth in the standardized conversion
rate table approved by the City pursuant to this Chapter for use in estimating the volume
or weight of materials identified in the waste management plan.
(f) "Covered project' shall have the meaning set forth in Section 8.108.120.
(g) "Divert' means to use material for any purpose other than disposal in a
landfill or transformation facility.
(h) "Diversion requirement' means the diversion of at least seventy percent of
the total construction and demolition material generated by a project via reuse or
recycling, unless the applicant has been granted an exemption pursuant to Section
8.108.170, in which case the diversion requirement shall be the maximum feasible
diversion rate established by the waste management plan Compliance Official in
relation to the project.
(i) "Project' means any activity which requires an application for a building or
demolition permit or any similar permit from the City.
Q) 'Recycling" means the process of collecting, sorting, cleansing, treating,
and reconstituting materials for the purpose of using the altered form in the manufacture
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of a new product. Recycling does not include burning, incinerating, or thermally
destroying solid waste.
(k) 'Reuse" means the use, in the same or similar form as it was produced, of
a material which might otherwise be discarded.
(1) "Separated for reuse" means materials, including commingled recyclables,
that have been separated or kept separate from the solid waste stream for the purpose
of additional sorting or processing of those materials for reuse or recycling in order to
return them to the economic mainstream in the form of raw material for new, reused; or
reconstituted products which meet the quality standards necessary to be used in the
marketplace, and includes source separated materials.
(m) "Solid waste" as per Public Resources Code Section 40191 means all
putrescible and non - putrescible solid, semisolid, and liquid wastes, including garbage,
trash, refuse; paper, rubbish, ashes, industrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other
discarded solid and semisolid wastes. "Solid waste" does not include any of the
following wastes:
(1) Hazardous waste, as defined in PRC Section 40141;
(2) Radioactive waste regulated pursuant to the Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health
and Safety Code);
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(3) Medical waste regulated pursuant to the Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety
Code).
(n) "Source separated materials" means materials that are sorted at the site of
generation by individual material type including commingled recyclable materials for the
purpose of recycling; i.e., loads of concrete that are source - separated for delivery to a
recycling facility.
(o) "Waste hauler" means a company that possesses a valid permit from the
City of Santa Monica to collect and transport solid wastes from individuals or
businesses for the purpose of recycling or disposal under the City of Santa Monica's
name.
(p) "Waste management plan" (WMP) means a completed waste
management plan form, approved by the City for the purpose of compliance with this
Chapter, submitted by the applicant for any covered or non - covered project.
(q) "Waste management plan compliance official" means the City staff
tasked with enforcement of this Subpart.
Section 8. Section 8.108.120 of the Santa Monica Municipal Code is hereby
amended as follows:
8.108.120 Threshold for covered projects.
(a) Private Projects. All construction and demolition projects the total costs of
which are, or are projected to be, fifty thousand dollars or greater, or are one thousand
square feet or greater, and all demolition -only projects shall be considered covered
projects..
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(b) City- Sponsored Projects. All City- sponsored construction, demolition and
renovation projects shall be subject to this Chapter, and consequently, shall be
considered covered projects.
Section 9. Section 8.108.130 of the Santa Monica Municipal Code is hereby
amended as follows:
8.108.130 Submission of a waste management plan.
(a) WMP Forms. Applicants for construction or demolition permits involving a
covered project shall complete and submit a waste management plan (WMP), on a
WMP form approved by the City for this purpose, as part of the application packet for
the construction or demolition permit. The completed WMP shall indicate all of the
following:
(1) The estimated volume or weight of the project C &D material, by material
type, to be generated;
(2) The maximum volume or weight of such materials that can feasibly be
diverted via reuse or recycling;
(3) The vendor or facility where the applicant proposes to use to collect or
receive that material;
(4) The estimated volume or weight of C &D materials that will be landfilled in
Class III landfills and inert disposal facilities; and
(5) A commitment that only City permitted waste haulers would be used.
(b) Calculating Volume and Weight of Material. In estimating the volume or
weight of materials identified in the WMP, the applicant shall use the conversion rates
approved by the City for this purpose.
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Section 10. Section 8.108.140 of the Santa Monica Municipal Code is hereby
amended as follows:
8.108.140 Performance security.
The project applicant shall submit a performance security with the WMP. For
construction and demolition projects, the amount of the performance security shall be
calculated as the lesser of three percent of total project cost or thirty thousand dollars
($30,000). For demolition -only projects, the amount of the performance security shall be
calculated at the rate of one dollar per square foot with a one thousand dollar ($1,000)
minimum and thirty- thousand dollar ($30,000) maximum performance security required.
Section 11. Section 8.108.150 of the Santa Monica Municipal Code is hereby
amended as follows:
8.108.150 Review of WMP.
Approval. Notwithstanding any other provisions of this Code, no building or
demolition permit shall be issued for any covered project unless and until the WMP
Compliance Official has reviewed and approved the WMP. Approval shall not be
required, however, where an emergency demolition is required to protect public health
or safety. The WMP Compliance Official shall only approve a WMP if he or she first
determines that all of the following conditions have been met:
(1) The WMP provides all of the information set forth in Section 8.108.130.
(2) The WMP indicates that at least seventy percent of all C &D material
generated by the project will be diverted or an exemption has been approved pursuant
to Section 8.108.170.
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(3) The applicant has submitted an appropriate performance security in
compliance with Section 8.108.140.
Section 12. Section 8.108.160 of the Santa Monica Municipal Code is hereby
amended as follows:
8.108.160 Compliance with WMP.
(a) Documentation. Within thirty days after the completion of any covered
project, the applicant shall submit to the WMP Compliance Official documentation that it
has met the diversion requirement for the project. Applicant shall provide a summary of
efforts used to meet the diversion requirement and also provide the following
documentation:
(1) Receipts from the vendor or facility which collected or received each
material showing the actual weight or volume of that material;
(2) Weight slips /count of material salvaged or reused in current project;
(3) A copy of the previously approved WMP for the project adding the actual
volume or weight of each material diverted and landfilled;
(4) Any additional information the applicant believes is relevant to
determining its efforts to comply in good faith with this Chapter
(b) Weighing of Wastes. Applicants shall ensure that all C &D material
diverted or landfilled are measured and recorded using the most accurate method of
measurement available. To the extent practical, all C &D material shall be weighted by
measurement on scales. Such scales shall be in compliance with all State and County
regulatory requirements for accuracy and maintenance. For C &D material for which
weighing is not practical due to small size or other considerations, a volumetric
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measurement shall be used. For conversion of volumetric measurements by weight, the
applicant shall use the standardized conversion rates approved by the City for this
purpose.
(c) Determination of Compliance and Release of Performance Security. The
WMP Compliance Official shall review the information submitted under subsection (a) of
this Section to determine whether the applicant has complied with the diversion
requirement as follows:
(1) Full Compliance. If the WMP Compliance Official determines that the
applicant has fully complied with the diversion requirement applicable to the project, he
or she shall cause the full performance security to be released to the applicant.
(2) Failure to Comply. If the WMP Compliance Official determines that the
diversion requirement has not been met, he or she shall return only that portion of the
performance security equivalent to the portion of C &D material actually diverted
compared to the portion that should have been diverted according to the WMP. Any
portion of the performance security not released to the applicant shall be forfeited to the
City, and shall be used to recover costs associated with sorting mixed C &D loads at the
City recycling center. If the WMP Compliance Official determines that the applicant has
fully failed to comply with the diversion requirement or if the applicant fails to submit the
documentation required by subsection (a) of this Section within the required time period,
then the entire performance security shall be forfeited to the City. All forfeited
performance securities shall be used to recover costs associated with sorting mixed
C &D loads at the City recycling center.
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Section 13. Section 8.108.170 of the Santa Monica Municipal Code is hereby
amended as follows:
8.108.170 Exemption.
(a) Application. If an applicant believes it is infeasible to comply with the
diversion requirements of this Chapter due to the circumstances delineated in this
Section, the applicant may apply for an exemption at the time that he or she submits the
required WMP. Exemptions may be granted based on the following considerations:
(1) Lack of storage space onsite;
(2) Contamination by hazardous substances;
(3) Low recyclability of specific materials.
The applicant shall indicate on the WMP the maximum rate of diversion he or
she believes is feasible for each material and the specific circumstances that he or she
believes make it infeasible to comply with the diversion requirement.
(b) Granting of Exemption. If the WMP Compliance Official determines that it
is infeasible for the applicant to meet the diversion requirement due to unique
circumstances, he or she shall determine the maximum feasible diversion rate for each
material and shall indicate this rate on the WMP submitted by the applicant.
(c) Denial of Exemption. Upon a denial by the WMP Compliance official, the
applicant shall have thirty days to resubmit a WMP form in full compliance with Section
8.108.130. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does
not comply with Section 8.108.130, the WMP Compliance Official shall deny the WMP.
Section 14. Section 8.108.180 of the Santa Monica Municipal Code is hereby
amended as follows:
IN
8.108.180 Appeal.
The applicant or any interested person may appeal to a Hearing Examiner
from any ruling of the WMP Compliance Official made pursuant to this Chapter in
accordance with Section 6.16.030. Notice of any appeal from the ruling of the WMP
Compliance Official must be filed within ten days of the date that such ruling is made.
Section 15. Section 8.108.190 of the Santa Monica Municipal Code is hereby
amended as follows:
8.108.190 Enforcement.
(a) The City Attorney may enforce the provisions of this Subpart by means of
a civil action.
(b) Any person who violates any provision of this Subpart shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(c) Nonexclusive Remedies and Penalties. The remedies provided in this
Subpart are not exclusive, and nothing in this Subpart shall preclude any person from
seeking any other remedies, penalties or procedures provided by law.
(d) It shall not be a defense to the assessment of any penalty or to any other
civil or administrative enforcement action provided for under this Section for a person to
assert that any violation of this Subpart was caused by the actions of a person other
than the person assessed except if the violation was caused by the criminal or negligent
action of a person who was not an agent, servant, employee or family member of the
person.
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(e) Any penalty collected hereunder shall be deposited in the Refuse Fund to
be used as reimbursement for the Public Works Department's costs and expenses of
administration and enforcement of this Chapter.
Section 16. Section 8.108.020 of the Santa Monica Municipal Code is hereby
repealed.
Section 17. Section 8.108.030 of the Santa Monica Municipal Code is hereby
repealed.
Section 18. Section 8.108.040 of the Santa Monica Municipal Code is hereby
repealed.
Section 19. Section 8.108.050 of the Santa Monica Municipal Code is hereby
repealed.
Section 20. Section 8.108.060 of the Santa Monica Municipal Code is hereby
repealed.
Section 21. 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 22. 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
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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 23. 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:
MA SHA J . ES MO TRIE
City torn Y-
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Approved and adopted this 28th day of February, 2012.
R�
Richard Bloom, Mayor
State of California )
County of Los Angeles . ) ss.
City of Santa Monica )
I, Denise Anderson - Warren, Assistant City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2390 (CCS) had its introduction
on November 22, 2011, and was adopted at the Santa Monica City Council
meeting held on February 28, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2390 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
r r
Denise Anderson-Warren, Assistant City Clerk