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O1156 . I Ordinance No. 1156 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2A TO ARTICLE III OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PREFERENTIAL PARKING lONES. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN: SECTIO~ 1. Chapter 2A is hereby added to Article III of the Santa Monica Municipal Code and shall read in its entirety as follows: CHAPTER 2A. PREFERENTIAL PARKING ZONES SECTION 3230. The provisions of this Chapter are expressly enacted under the Constltution of the State~ Article XI, Section 11 together with provislons of the Vehicle Code of the State, as amended. The provislons set forth 1n the Vehicle Code shall govern whenever this Chapter falls to set forth any speclfic provision. SECTION 3231. Definitions. For the purpose of this Chapter~ the certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. (a) Dwelling Unit. UDwelling Unit" shall mean any self-contained house, apartment, stock cooperative, or condominium occupied solely for residential purposes. (b) Preferential Parking Zone. IIPreferential Parking Zone" shall mean a residential area ~Jith streets and boundaries designated by the City Council wherein vehicles dlS- playing a permit shall be exempt from parking restrictlons established pursuant to this Chapter. / .. (c) Resident. , IIResidentll shall mean any person who lives in a dwelling unit located in a preferential parking zone. (d) Visitor. IIVisitorJl shall mean a person visiting residents 1 iving in a preferential parklng zone. SECTION 3232. Designation of Preferential Parking Zone. 1. The City Council shall, upon the recommendation of the Parking and Traffic Engineer, consider for designation as a preferential parklng zone those areas satisfying the criteria established in thlS Section and may, by ordinance, designate a certain area as a preferential parklng zone and may authorize the Parking and Traffic Engineer to establish approprlate parking restrictions for such zone; or 2. The Clty Council may, at its discretion, designate by ordinance a certain area as a preferential parking zone and may authorize the Parking and Traffic Engineer to establlsh parking restrictions for such zone. SECTION 3232A. Designatlon Criteria. The flndings referred to in this Section shall be based upon the followlng criteria established to the satisfaction of the Council: 1. That non-resldent vehicles, defined as those vehicles operated by persons whose destinatlons are to nonresidential areas, do or may substantially and regularly interfere with the use of the majority of available public street or alley parking spaces by adjacent residents; 2. That the interference by the non-resident vehicles referred to in subsection (1) of this Sectlon occurs at regular and slgnificant daily or weekly intervals; -2- ~3. That the non-resident vehicles parked in th~ea of the proposed zone cause or are the source of unreasonable noise, traffic hazards~ environmental pollution, or devaluation of real property in the area of the proposed zone; 4. That no unreasonable displacement of non-resident vehlcles will result into surrounding residential areas; 5. That a shortage of reasonably available and convenient residential related parking spaces exists in the area of the proposed zone; and 6. That alternative solutions are not feasible or practical. SECTION 32328. Designation Process. Upon receipt and verification of a petition signed by residents living in two-thirds of the dwelling unlts comprising not less than 50 per- cent of the developed frontage of the area proposed for designations or upon adoption of a motion by the City Council, the Parking and Traffic Engineer shall undertake such surveys or studies as deemed necessary to determine whether an area should be designated a preferential parking zone. If an area is designated as a preferential parking zone by the resldent petition process, the residents requesting the designation shall notify all affected residents and present verification of such notification to the Parking and Traffic Engineer. SECTION 3232C. Dissolution Process. Proceedings to dissolve a preferential parking district shall be initiated upon receipt and veriflcation of a petition signed by residents living in two-thirds of the dwelling units comprising not less than 50 per- cent of the developed frontage of the preferential parking zone or upon adoption of an ordinance by the City Council. -3- ~SECTION 3233. Permits. ~ A. Issuance and Fees. The Director of Finance shall issue permits for preferential parking and collect all fees. Applicants shall be required to present proof of residency in the proposed permit zo~e. Each qualified applicant is entitled to purchase one or more penmits per year. The address of vehicle registration and driver's license must coincide with the residence address of appllcant. Applicants requesting more than three permits for their dwelling unit may be granted additional permits by the Parking and Traffic Engineer upon showing that there are more than three vehicles reglstered at the dwelling unit, and that sufficient off-street parking is not available to the applicant, and that to deny additional permits would constitute a hard- Shlp. Permit fees shall cover the cost of establishing and maintaining the preferential parking district. These fees shall be set by City Council Resolution at the time of parking district designation. As of July 1 of each year, the fee shall be reduced by one half for each permit issued after that date to be effective for the remainder of the year. B. Duration. Preferential parking permits issued pursuant to this Section shall remain in effect for a period of one calendar year or fraction thereof, or as long as the permit holder continues to reside in the dwelling unit for which the permit was issued or until the preferential parking district for which the penmit was issued is eliminated, whichever period of time is less. C. Visltor Permits. Any resident may purchase two visitor permits per dwelling unit. Each permit shall have the address of the permit holder imprinted. D. Ava~lability of Parking. A preferential parking permit shall not quarantee or reserve to the holder thereof an on-street parking space within the designated preferential parking zone. E. Restrictions and Conditions. Each permit issued pursuant to this Section shall be subject to each and every condition and restriction set -4- . I forth in thls Chapter and as provided for the preferential parking zone for which it was issued including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be con- strued to be a permit for~ or approval of~ any violation of any provision of this Code or any other law or regulation. SECTION 3235. Exemptions. The following vehicles shall be exempt from parking restrictions established pursuant to this Chapter: (1) A vehlcle owned or operated by a utility whether prlvately or publlCly owned~ when used in the course of business. (2) A vehicle owned or operated by a governmental agency when used in the course of official government business. (3) A vehlcle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol when used in the course of business. (4) A vehicle displaying an authorized exception card issued by the City of Santa Monica. SECTION 3236. Authority of City Staff. (1) The Parking and Traffic Engineer shall have the authority to promulgate rules and administer policies designed to implement this program. These rules shall be submitted to and approved by the City Council. (2) Director of Finance. The Director of Finance shall have authority to promulgate rules and administer policles designated to implement the preferential parking permlt system set forth herein. These rules shall be submitted to and approved by the City Council. (3) Police Chief. The Police Chief shall have the authority to enforce the rules and regulations establlshed pursuant to thlS Chapter. -5- . , SECTION 3237. Prohlbitions and Flnes. (a) No vehlcle shall be parked or stopped adjacent to any curb ln a permit parking zone 1n violation of any posted or noticed prohibition or restriction~ unless such vehicle shall have prominently displayed permit as directed, location of permlt to be determined by Police. Each permit shall bear the vehicle license number of the issuee. Any vehicle in violation of the Code shall be subject to a fine of $25. (b) It shall be unlawful for any person to sell, rent, or lease, or cause to be sold, rented, or leased for any value or consideration any preferential parking permit. Upon the conviction of a violation of this sub- section, all permits issued to, or for the benefit of, the dwel1lng unit for which the sold, rented, or leased permit was authorized shall be void. Any person so convicted shall be subject to a fine of $500. (c) It shall be unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this article, and any person so convicted shall be subject to a flne of $500. SECTION 2. Any provision of the Santa Monica Municipal Code or appendlces thereto inconsistent therewith, to the extent of such inconsisten- cies and no further, are hereby repealed or modified to that extent necessary to affect the provislons of thlS ordinance. SECTION 3. 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 decis10n shall not affect the validity of the remaining portions of the ordlnance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsections sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would -6- " I be subsequently declared invalid or unconstitutional. SECTION 4. 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 ln the official newspaper within fifteen days after its adoption. The ordinance shall become effective after thirty days from its adoption. APPROVED AS TO FORM: @jk.~' -7- , . . , ADOPTED AND APPROVED THIS 22nd DAY OF April ~ 19hO. ;X#::vjj(J~ I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No. 1156 ~ WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF April ,I 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 22nd DAY OF ApTi~ ~ 1980 BY THE FOLLOWING COUNCIL VOTE~ AYES: COUNCILHEMBERS: Yannatta Goldway, Jennlngs, Reed, Rhoden, Scott, van den Steenhoven, Bambrick NOES: COUNCILMEMBERS: !\one ABSENT: COUNCILMEMBERS: None ATTEST: '-c H~~%JpJ ----cI~ - CLERK / - -