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SR-417-003-01 (27) ~ .. '-//7- O(J3~o/ 8-E FEB 2 8 1989 CA:RMM:rmd846jhpca City Council Meetlng 2-28-89 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Adding Section 3238M to the Santa Monica Munlcipal Code to Establish Preferential Parking Zone M At its meeting on May 10, 1988, the city Council directed the city Attorney to prepare an ordinance creating Preferential Parking Zone M. In response to this direction, the accompanying ordinance is presented to the City Council for its consideration. The accompanying ordinance adds Section 3238M to the Municipal Code establishing Preferential Parking Zone M. This zone is bounded by Third street, Strand Street, Neilson Way, and pi co Boulevard, and includes Third street between pico Boulevard and Strand Street, Bay Street between Neilson Way and Third street, Bicknell Avenue between Neilson Way and Third Street, and Pacific street between Main Street and Third Street. Parking will be lim~ted on the streets in this area to two hours between 9:00 a.m. and 6:00 p.rn, and will be prohibited altogether between the hours of 6:00 p.m. and 2:00 a.m., unless appropriate permits have been issued. An initial study was prepared in accordance with the provisions of the California Environmental Quality Act. Based upon this initial study, a negative declaration has been - 1 - F~~~ prepared. Both documents are attached to this staff Report as Exhibit A. Notice of preparation of the negative declarations was given in the manner required by law. RECOMMENDATION It is respectfully recommended that: 1. The negative declaration be approved. 2. The accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney - 2 - CA:RMM:rmd845jhpca City Council Meeting 2-28-89 Santa Monica, california ORDINANCE NUMBER (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238M TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE M WHEREAS, the Parking and Traffic Engineer has received a petition requesting establishment of a preferential parking zone in the area bounded by Third street, Strand street, Neilson Way, and pico Boulevard! and includes Third street between pico Boulevard and Strand street, Bay street between Neilson Way and Third street, Bicknell Avenue between Neilson Way and Third Street, and Paclfic Street between Main street and Third Street~ and WHEREAS, the petitions have been verified to be signed by residents living in two-thirds of the dwelling units comprising not less than fifty percent (50%) of the developed frontage of the proposed preferential parking zone; and WHEREAS, the Parking and Traffic Engineer has undertaken such studies and surveys deemed necessary to determine whether a preferential parking zone should be designated in said area; and WHEREAS, the city Council is satisfied that the proposed area meets the designation criteria set forth in Municipal Code Section 3232A, - 1 - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3238M is added to the Santa Monica Municipal Code to read as follows: section 3238M. Preferential Parking Zone M. (a) The following named and described streets within the City shall constitute Preferential parking Zone M: Third street between Pice Boulevard and Strand street, Bay street between Neilson Way and Third street, Bicknell Avenue between Neilson Way and Third Street, and Pac1fic street between Neilson Way and Third street. (b) No vehicle shall be parked or stopped adjacent to any curb in Preferential Parking Zone M between the hours of 6:00 p.m. to 2:00 a.m. or for more than two hours between the hours of 9:00 a.m. and 6:00 p.m. without a permit issued and dlsplayed in accordance with this Chapter. (c) Any vehicle parked or stopped without a permit when required by this Section may be removed from the street by any police officer. - 2 - (d) The annual fee for each permit issued for Preferential Parking Zone M shall be $15.00 per permit, or such other fee as may be established from time to time by resolution of the city Council. 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, are hereby repealed or modified to that extent necessary to affect 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 unconstltutional by a decision of any court of any 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 inval id or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. - 3 - 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 after 30 days from its adoption. APPROVED AS TO FORM: ~W\., ROBERT M. MYERS City Attorney ~- - 4 - . } ~ P-L FEB 2 8 1989 FINAL INITIAL STUDY AND NEIGHBORHOOD IMPACT STATEMENT AVAILABLE IN THE CITY CLERK'S OFFICE J-E.. FEB 2 8 1969