SR-417-002-06 (2)
F:\atty\muni\strpts\bar\valetord2.doc
Council Meeting 3-6-01 Santa Monica,
California
To: Mayor and City Council
From: City Staff
Subject: Ordinance Establishing Permit Requirements, Operating Conditions and
Enforcement Provisions for Valet Parking and Adopt a Resolution
Establishing Filing Fees and Space Use Fees for Valet Parking Permits
Introduction
At its meeting on February 27, 2001, the City Council introduced for first reading an
ordinance establishing permit requirements, operating conditions and enforcement
provisions for valet parking operators that utilize the public right of way for loading,
unloading or circulating vehicles. The ordinance is now presented to the Council for
adoption.
Recommendation
It is recommended that the City Council adopt the attached ordinance.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
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f:\atty\muni\laws\barry\valetord2-1.doc
City Council Meeting 3-6-01 Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 6.120 TO THE SANTA MONICA MUNICIPAL CODE
ESTABLISHING PERMIT REQUIREMENTS, OPERATING CONDITIONS,
AND ENFORCEMENT PROVISIONS FOR VALET PARKING
WHEREAS, the City is very dense, particularly in the downtown area which has
many restaurants, clubs, theaters, retail establishments, and other establishments
which attract many visitors; and
WHEREAS, parking and congestion are significant concerns for residents of and
visitors to the City; and
WHEREAS, the City does not presently have a local ordinance which regulates
valet parking throughout the City; and
WHEREAS, this lack of regulation has resulted in improper circulation patterns,
storage of vehicles on City streets, loading and unloading of vehicles that interferes
with auto and pedestrian circulation, and the disruption of adjacent residential
neighborhoods; and
WHEREAS, the purpose of the ordinance is to allow valet parking to be
conducted in the City as a means to increase convenience of access to certain parking
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spaces, while regulating aspects of this activity so as to limit its potential to create
traffic congestion, unsafe circulation patterns or otherwise degrade the public health
safety and welfare; and
WHEREAS, the downtown portion of the City presents unique issues for valet
operations due to the high parking demand and existing congestion; and
WHEREAS, these unique conditions require the need for the coordinated
management of valet operations pursuant to a franchise or other agreement entered
into by the City with valet operators; and
WHEREAS, regulations of valet operations in this manner in the downtown will
reduce congestion and improve access both during the construction of the Transit Mall
and following its completion,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION. 1. Chapter 6.120 is hereby added to the Santa Monica Municipal
Code to read as follows:
CHAPTER 6.120
VALET PARKING
6.120.010 Purpose.
Public streets and rights-of-way protect individual freedom of travel
and the unobstructed flow of commerce. The City of Santa Monica
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recognizes that the use of public streets and rights-of-way for valet
parking operations, while providing a public benefit to some by making
parking more convenient, may also impede travel, interfere with the rights
of many others using the streets and the rights-of-way, and may affect the
public safety and create a public nuisance. The City may therefore permit
and restrict valet parking operations as a special privilege, not as a matter
of right. The approval of any permit for the use of the public right-of-way
is on a temporary basis and is for a nonexclusive use of the public right-
of-way. Permittees shall have neither property interest in nor any
entitlement to the granting or continuation of any permit for the use of any
public right-of-way.
6.120.020 Definitions.
For purposes of this Chapter, the following words shall have the
following meanings:
(a) ?Valet parking" shall mean and include a business
establishment engaged in, conducting or managing the parking of other
persons? motor vehicles, whether such persons are employed by, or under
contract to, the business, residence or other organization for which the
vehicles are being parked or whether such persons are operating
independently thereof.
(b) "Public right-of-way" shall mean any area dedicated for
public use as a public street, pedestrian way, or other
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thoroughfare, including but not limited to, streets, roadways,
parkways, alleys, sidewalks, and pedestrian ways.
(c) ?Operator? shall mean any company engaged in the
business of valet parking.
(d) ?Permittee? shall mean any company permitted by the City of
Santa Monica to operate, for profit, a valet parking service that would use
the public right-of-way for pick-up, drop-off and/or movement of vehicles
to be parked.
6.120.030 Permit Required.
The City Council finds that valet parking requires specific
regulation, in order to maintain the public health, safety and welfare. No
person(s) shall engage in conduct or carry on the business of valet
parking where movement of vehicles is on or over any public right of way
or public property without a City-issued Valet Parking Permit.
6.120.040 Permit Application Requirements.
Regular and temporary valet parking permits shall be issued as
follows:
(a) All regular permit applications shall be completed on a form
designated by the Transportation Management Division, and signed by
the applicant under penalty of perjury. All forms shall be filed with the
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Transportation Management Division a minimum of thirty (30) days prior
to the date requested for the issuance of the permit. Regular valet
parking permits shall be issued annually. Renewal applications shall be
filed a minimum of thirty (30) days prior to the expiration of any existing
permit. Where applicant is a corporation, association, partnership, or
other legal entity, ?applicant? shall mean each partner, officer, director,
and each shareholder owning or controlling more than ten percent (10%)
of such entity. All applicants for valet parking permits shall provide the
following information with their applications:
(1) The name and location of the businesses to be served (if
applicable);
(2) The hours of operation and the number of employees of the
operator who will be assigned to carry out the activity for which the permit
is sought;
(3) Information as to the seating capacity or other capacity of
the businesses to be served (if applicable);
(4) A statement from the owners or managers of the businesses
requesting the services of the operator (if applicable).
(5) The location(s) where vehicles will be parked or stored for
the businesses served (if applicable);
(6) The name, location, and telephone number where a responsible
person, employee, or agent of the operator will be available at
all times during the hours of operation.
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(7) Disclosure of all prior valet parking permits issued to applicant
by the City of Santa Monica.
(8) The routes to be used between the passenger loading zone
or other vehicle pickup point and the parking or storage location;
(9) A statement from the operator(s) of any parking facility(s)
designated as the parking or storage location(s) as to that facility's ability
to accept the cars, the number of spaces to be reserved for the
permittee?s operations, the total number of spaces in such parking
facility(s), and estimates of the percent usage of the facility(s) prior to,
and subsequent to the proposed activity for which the permit is sought. In
cases where the parking facility(s) is part of a building or premises
devoted to other uses which require off-street parking, the statement shall
also include information as to the number of parking spaces which were
required by law to be provided in the parking facility(s) to serve such
other uses when said uses were established;
(10) A copy of the written contract or covenant between the
applicant and the operator of the parking facility(s) designated as the
parking or storage location(s), which contract or covenant shall contain a
provision that it cannot be canceled without at least sixty days notice to
the other party and to the City;
(11) The location of any proposed signs for the valet service and
any proposed attendant stands;
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(12) A Police Permit from the City of Santa Monica Police
Department as required by Santa Monica Municipal Code
Section 6.14.060;
(13) Proof that the applicant has insurance in force satisfying the
requirements of Section 6.120.090 acceptable to City of Santa Monica
Risk Manager;
(14) Payment of a nonrefundable permit fee and space use fee
in an amount to be set by resolution adopted by the City Council.
(b) Temporary valet parking permits. In a circumstance
involving a non-recurring special event or a special
need of an applicant to commence operations prior to
the time an application can be processed for regular
permit issuance, a temporary parking permit for a
period of operation not exceeding seven calendar
days may be issued by the Director of Planning and
Community Development upon the submittal of an
application, accompanied by the applicablefees, the
certificate of insurance required by this Chapter, and
such other information as the Director determines is
necessary to assess the requested application.
6.120.50. Term of License.
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(a) Every regular valet permit shall expire at midnight on the
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April 30 next succeeding its issuance unless otherwise specified on the
permit.
(b) Every temporary valet permit shall expire at midnight on the
last day authorized by the permit.
6.120.060 Operating Requirements.
(a) The permittee shall at no time, unless expressly authorized
by the permit, commit or do any of the following acts:
(1) Receive, take possession of (for the purpose of parking or
temporary storage until the return of the same to the patron or
guest), or move a patron's or guest's vehicle upon any portion
of the public right of way or other public property; or
(2) Park and leave standing any patron's or guest's vehicle upon
any portion of a public right-of-way or other public property
(including any publicly owned off-street parking space).
(b) No operator shall park any patron's or guest's vehicle upon
private property without express authorization by the owner or other
person in charge of such private property.
(c) No operator shall fail to provide adequate staffing to park
vehicles so that traffic is not impeded by the activities of the
permit. No vehicle queuing is allowed on the public right-of-way
at any time. No vehicle may stop or stand at a drop-off or
loading area for longer then 15 minutes.
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(d) Pedestrian walkways must not be blocked at any time during
valet operations and must provide a minimum pedestrian
passing clearance of (5) five feet.
(e) No operator shall fail to give a claim check to the owner upon
receipt of each motor vehicle accepted for valet parking. The
claim check shall explicitly state the terms and conditions under
which the vehicle is being accepted.
(f) Except where a patron or guest parks his or her own vehicle,
the attendant parking a vehicle shall lock the ignition and the
vehicle, remove the key and place the key in a safe place. The
attendant shall not place the key in or upon the vehicle parked.
(g) A copy of the operator?s permit complete with route diagram
must be maintained at every valet parking operation site.
(h) Each permittee shall install and maintain, at each location at
which a patron or guest surrenders his or her vehicle for
parking, a yellow reflective sign with blue letters and numerals
plainly visible from the street, displaying ?Public Valet Parking?,
the permittee's name, the address and telephone number of the
business, the time when the permittee is no longer on duty, and
the parking fees, if any. If fees are charged, such fees also shall
be stated as follows:
(1) Rates per hour;
(2) Rates per fraction of an hour, if any;
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(3) Rates for subsequent hours or fractions thereof; and
(4) The maximum charge.
All fractions of time must be spelled out in letters. Valet signs must not be
less than 24? x 36? in size. The ?Valet Parking? and the maximum rate
portion of the sign must have a minimum lettering/numeral size of 3? per
character.
(i) Valet zones shall be a minimum of one parking space in length
not to exceed 40 feet. Except as provided in Section 6.120.150,
for the Downtown District, valet zones shall be a minimum of two
parking spaces not to exceed 50 feet in length.
(j) At each closing time, the operator shall lock or cause to be
locked each vehicle, except those locked by the person bringing
the vehicle to the valet parking service, if a key is available, and
shall deposit or cause to be deposited such key with a
responsible person at a safe and convenient place, to be
delivered to the person who parked the vehicle upon surrender
of the parking ticket if one was given to such person, or
otherwise upon proof that such person has the right to possess
the vehicle.
(k) The permittee, or his or her agents and employees, shall notify
the Santa Monica Police Department whenever a vehicle has
been left in his or her custody for a period in excess of forty-
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eight hours without a prior contractual arrangement for such
period of time in order to determine whether the vehicle is stolen
or abandoned.
(l) The permittee and all employees of the permittee who drive
patrons' or guests' vehicles or who handle keys belonging to
patrons or guests shall each have an appropriate current and
valid California driver's permit.
6.120.070 Penalties.
(a) For failure to pay a permit fee when due, the Transportation
Planning Manager may revoke the permit or add a penalty of
10% of the original permit processing fee on the last day of
each month after the due date, provided that the total penalty
does not exceed 50 percent of the original fee.
(b) Any person who operates a valet parking service prior to
obtaining a permit shall pay a penalty of double the permit processing fee.
The payment of the penalty shall not relieve such person from the
obligations imposed by this Chapter, or from the penalties otherwise
prescribed herein.
(c) Any person violating this Chapter or any condition of a permit
issued pursuant to this Chapter shall be guilty of a misdemeanor and may
be subject to revocation of any permit issued as set forth Section
6.120.080 below.
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6.120.080Grounds for Revocation, Suspension or Denial.
(a) A permit may be revoked or denied by the Transportation
Planning Manager if:
(1) The permittee, or his or her agents or employees, through
carelessness, negligence or failure to make proper provision for
the safeguarding of vehicles left in their custody, has facilitated
or contributed toward the theft or conversion of any such vehicle;
or
(2) The permittee, or his or her agents or employees, has failed to
cooperate with the Santa Monica Police Department in the
investigation of any theft or other crime committed on a parking
lot used or which arose out of the conduct of the business for
which the permit was issued; or
(3) The permittee, or his or her agents or employees, knowingly
delivered a vehicle in their custody to a person who is neither
the registered owner thereof nor entitled to the custody of such
vehicle.
(4) The permittee does not have a valid Police Permit from the City
of Santa Monica.
(5) The permittee has made a material misrepresentation in his/her
application.
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(6) The business or valet operation prescribed by the permittee has
substantially impacted traffic or disrupted the peace and quiet
within any area of the City.
(7) The valet parking operation at the specified locations is found to
be incompatible with other uses in the vicinity.
(8) The permittee has violated any condition of a previous or
existing permit within the City of Santa Monica during the past
five years.
(9) The proposed valet operation fails to comply with other criteria
designated under this Section for the issuance of a permit or any
other rules or regulations governing valet parking.
(10) The building, structure, premises or equipment used by the
permittee to conduct business fails to comply with all applicable
health, zoning, fire, building and safety laws of the State of
California or the City of Santa Monica.
(11) The Transportation Planning Manager shall notify an
applicant/permittee in writing when a permit is denied or
revoked. In any such case, the applicant/permittee shall have
the right to appeal from this decision in accordance with Chapter
6.16 of this Code.
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6.120.090 Insurance Requirements.
(a) Prior to the issuance of a permit under this Chapter by the
Transportation Planning Manager, the applicant shall
maintain a business auto liability policy, to include
garagekeeper?s legal liability, with a limit of not less than
$100,000 for each accident.
(b) The City of Santa Monica shall be covered as an additional
insured under the business auto liability policy of the
permittee.
(c) Insurance must be placed with insurers admitted in the State
of California or have a current A.M. Best rating of no less
than A:6.
(d) Any deductibles must be declared and approved by the City
of Santa Monica. Self-insurance is not approved in lieu of a
policy of insurance.
(e) The insurance policy shall be endorsed to state that
coverage shall not be cancelled except after thirty (30) days
prior written notice by certified mail has been given to the
City.
(f) Prior to the issuance of a permit under this Chapter, and at
all times while the permit is in effect, the applicant shall
maintain on file with the City proof of the insurance required
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herein and provide the City a copy of applicable insurance
policies.
(g) If the insurance policies issued to the permit holder pursuant
to this Chapter are cancelled for any reason, the permit
issued under this Chapter is automatically suspended. In
order to reinstate the permit, the permit holder shall provide a
new certificate and policy of insurance to the City.
(h) The permittee shall maintain in force and effect at all times
while the permit is in effect Workers' Compensation
insurance as required by law.
6.120.100 Indemnification.
The permittee, and any person acting under or pursuant
to an operator?s permit, agrees to indemnify, hold
harmless, release and defend (even if the allegations are
false, fraudulent or groundless), to the maximum extent
permitted by law, and covenants not to sue, the City, its
Council and each member thereof, and its officers,
employees, board and commission members and
representatives, from any and all liability, loss, suits,
claims, damages, costs, judgments, and expenses
(including attorney?s fees and costs of litigation) which in
whole or in part result from, or arise out of: (1) any use or
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performance under the permit; (2) the activities and
operations of the permittee and his or her employees,
subcontractors or agents; (3) any condition of property
used in the operation; or (4) any acts, errors or omissions
(including, without limitation, professional negligence) of
the permittee and his or her employees, subcontractors or
agents in connection with the valet parking operation.
6.120.110 Regulations.
(a) The Director of Planning and Community Development may
from time to time issue written regulations for distribution to applicants and
permittees regarding the implementation of the provisions of this Chapter,
including, but not limited to, the safe and lawful conduct of all valet
operations, permit application procedures and permit standards.
(b) Such regulations shall be binding upon applicants and
permittees, who shall comply with such written regulations as a term and
condition of the permit.
6.120.120 Authorized valet parking zones.
A valet parking operation may be conducted only at a location and
during hours approved by the director and designated by official valet
parking signs stating the authorized location and hours of operation.
Permits shall designate the specific location for which a valet parking
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operation is approved. Valet parking operations are permitted as a special
privilege and not as a matter of right and are considered temporary,
nonpermanent and for a nonexclusive use of the specific location. Where
multiple valet parking operation locations on any particular street are found
by the Director of Planning and Community Development to unreasonably
and regularly interfere with the use of available street parking, the Director
may issue a permit that designates the same location for a second or more
valet parking operations.
6.120.130 Conformance with applicable laws.
(a) Nothing in this Chapter is intended to authorize or authorizes
the parking of motor vehicles by valet parking operators and sponsors in a
manner contrary to, and all permittees shall comply with, applicable state
laws and local parking and traffic regulations, including the Santa Monica
Municipal Code.
(b) If a parking meter is present at the location reserved for valet
parking, the permittee need not use the parking meter but
may, during the hours of authorized valet parking operations
at that location, cover the parking meter in a manner
approved by the Director of Planning and Community
Development. Parking meter covers will be issued by the
Director.
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(c) A parking meter cover fee may be charged, which fees shall
be set from time to time by resolution of the City Council.
6.120.140 Conditions imposed on permit.
(a) Conditions reasonably necessary to protect the peace and
tranquility of any residential area, mitigate traffic impacts,
protect other uses in the area, or protect the public health,
welfare and safety may be imposed on permits and may be
modified subject to the permit holder?s right to notice and the
opportunity to be heard.
(b) Any person issued a permit pursuant to this Chapter shall
comply with all conditions that are imposed as part of the
permit pursuant to subsection (a) of this Section.
6.120.150 Requirement for downtown valets
.
Notwithstanding any provision of this Chapter to the contrary, no
valet parking shall be allowed to operate within the following boundaries
without first having entered into an agreement with the City: Ocean
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Avenue, 5 Street, Colorado Avenue, and Wilshire Boulevard. The rules
and regulations governing the operation of such valets shall be
established exclusively by such agreement and shall not be otherwise
governed by this Chapter.
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SECTION 2. 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 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 competent jurisdiction, such decision shall not affect the validity of the 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 4. 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:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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