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SR-417-003 (2) , CA RLK:LBC:ndi Counc~l Neetlng 4"'SO Santa MonlJllltall'-orn~a i/?-003 8(+ APR 2 2 1980 STAFF REPORT TO: ~1ayor and City Counell FROB: Clty Attorney SUBJECT: Preferent~al Park~ng Ordlnance n-JTRODUCTION ThlS report transmlts for second reading and adopt~on an ordlnar,~2 ~,tabl~sh~ng a preferential parklng system ln the Clty. ThlS ordlnance was consldered by Cauncll as Item SA at ltS Aprll 8, 19S0 meetlng and lntrodueed as amended. BACKGROUND The varlOUS sectlons that were amended and are now ~ncluded as part of thlS ordlnance are: 1) Sectlon 3232B Deslgnatlon Process. A sentence requlrlng the petitloning resldents to glve nO~lce to the affected res~dents In a new preferentlal par~lng zone has been added. It also requlres that thlS notice be verlfled and su~h verlflcatlon presented to the Parking and Traff~c Englneer. 2) Sect~on 3233 Per~lts A. Insurance and Fees. Perwlt fees will be set by resolutlon and wlll cover the cost of establlshlng and malntalnlng the preferent~al parklng zone. 3} Seetlon 3233 Per~lts c. Visltor Permlts. The 7l0dlfYlng phrase "ellglble for a preferentlal parklng perm~t" has been deleted as redundant SlDce "resident" lS already deflned ln Sectlon 3231. <tA APR 2 2 198'~ , 411 ALTERNATIV:CS The Clty Counc1l ~ay adopt or reJect the proposed ord1nance. REC O~D1E~DA TI ON It 1S respectfully reconmended that the C1ty Council hold a second reac1ng and adopt the proposed ordlnance. Prepared by: Rlchard L. Knlckerbocker Lyn Beckett Cacciatore -2- ~ . Ordlnance No. 1156 (Clty Councll Serles) AN ORDINANCE OF THE CITY COU~CIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2A TO ARTICLE III OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PREFERENTIAL PARKING ZONES. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN; SECTIO~ 1. Chapter 2A is hereby added to Artlcle III of the Santa Monica Munlclpal Code and shall read in its entlrety as follows: CHAPTER 2A. PREFERENTIAL PARKING ZONES SECTION 3230. The prOV1Slons of this Chapter are expressly enacted under the Constitutlon of the State. Article XI, Section 11 together wlth Drovisions of the Vehicle Code of the State, as amended. The provisions set forth in the Vehlcle Code shall govern whenever thlS Chapter falls to set forth any speciflc provision. SECTION 3231. Deflnltions. For the purpose of thlS Chapter, the certain words and p~rases are deflned and certaln provlslons shall be construed as herein set forth, unless lt lS apparent from the context that a different meanlng is intended. (a) Dwelling Unlt. "D.."elllng Umtll shall mean any self-contalned house. apartment, stock cooperatlve, or condominium occupied solely for resldentlal purposes. (b) Preferential Parklng Zone. "Preferential parklng Zone" shall mean a residential area \o/lth streets and boundarles designated by the Clty Councll Wherell1 vehlcles dlS- plaYlng a permlt shall be exempt fror:J parklng restrlctlOns establ1shed pursuant to this Chapter. , tit (c) ReSldent. lIReSldentll shall mean any person who Jives in a dwelling unit located ln a preferential parklnq zone. (d) Vlsitor. "Visltorll shan J1Iean a person ViSltWg resldents llvlng in a preferentlal parking zone. SECTION 3232. Deslgnation of Preferentlal Parklng Zone. 1. The City Council shall, upon the recommendation of the Park1ng and Trafflc Eng1neer, consider for designat10n as a preferential parking zone those areas satlsfY1ng the crlteria established in this Section and may, by ordinance~ designate a certaln area as a preferential parklng zone and may authorlze the Darklng and Traff1c Eng1neer to establlsh aoproprlate parking restrletions for such zone; or 2. The C1ty Counell may, at lts dlscretion, designate by ordlnance a certa1n~rea as a preferentlal park1ng zone and may authoflze the Park1ng and TrafflC Englneer to establ1sh parklng restrictions for such zone. SECTION 3232A. Designation Criteria. The flndlngs referred to in this Sectlon shall be based upon the followlng crlter1a established to the satlsfactlon of the Council: 1. That non-resIdent vehlcles, deflned as those veh1cles operated by persons whose destlnatlons are to nonresidential areas, do or may substantlally and regularly lnterfere with the use of the majorlty of avallable public street or alley parklng spaces by adjacent residents; 2. That the interference by the non-resldent vehicles referred to 10 subsectlo~(l) of thlS Sectlon occurs at regular and signlflcant daily or weekly lntervals; -2- . That the non-res1dent . vehicles parked in the area of the 3. proposed zone cause or are the source of unreasonable noise, traffic hazards, environmental pollut1on, or devaluation of real property in the area of the proposed zone; 4. That no unreasonable displacement of non-res1dent veh1cles will result 1nto surround1ng residentlal areas; 5. That a shortage of reasonably ava1lable and conven1ent residential related parking spaces exists in the area of the proposed zone; and 6. That alternative solutions are not feasible or practlcal. SECTION 3232B. Designation Process. Upon receipt and ver1ficat1on of a pet1tion signed by residents llving in two-thirds of the dwelllng units comprls1ng not less than 50 per- cent of the developed frontage of the area proposed for designation, or upon adoption of a mot1on by the Clty Counc1l, the Parking and Traff1c Englneer shall undertake such surveys or stud1es as deemed necessary to determine whether an area should be designated a preferent1al parklng zone. If an area 1S designated as a preferential parking zone by the resldent petit10n process, the resldents requesting the designation shall notify all affected residents and present verif1cation of such notlfication to the Parking and Traffic Engineer. SECTION 3232C. Olssolution Process. Proceedlngs to dissolve a preferential parking dlstrlct shall be 1nltiated upon receipt and ver1flcatlon of a pet1tion slgned by res1dents llvlng 1n two-th1rds of the dwelllng unlts comprlsing not less than 50-per- cent of the developed frontage of the preferential parking zone or upon adcpt10n of an ordinance by the City Council. -3- SECTION ~ Permits. ~ A. Issuance and Fees. The Director of Finance shall issue permits for preferentlal parklng and collect all fees. Applicants shall be required to present p~oof of resldency in the proposed permit zone. Each quallfied applicant is entitled to purchase one or more permlts per year. The address of vehicle registratlon and driver's license must cOlncide with the residence address of appllcant. Applicants requestlng more than three permits for their dwelling unit may be granted addltional permits by the Parking and Trafflc Engineer upon showing that there are more than three vehicles registered at the dwelllng unit, and that sufflcient 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 parklng district. These fees shall be set by Clty Council Resoluti~ at the tlme 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 effectlve for the remalnder of the year. B. Duration. Preferential parking perm1ts issued pursuant to this Sectlon shall remain 1n effect for a perlod of one calendar year or fractlon thereof, or as long as the permit holder continues to reside in the dwe111ng unit for WhlCh the permit was issued or until the preferential parking district for which the permit was issued is elim1nated, whlchever period of time is less. C. V1Sltor Permits. Any resldent may purchase two vis1tor permits per dwell1ng unit. Each perMit shall have the address of the permit holder imprinted. D. Aval1abll1ty of Parklng. A preferential parklng permlt shall not quarantee or reserve to the holder thereof an on-street parking space withln the designated preferentlal parklng zone. E. Sectlon shall Restrictlons and Conditloffi. Each permit lssued pursuant to this be subject to each and every condltlon and restrlction set -4- , . forth In thlS Chapter and as provlded for the preferentlal parking zone for WhlCh it was issued lncludlng condltions Dr restrictlons Whlch way be altered or amended from tlme to time. The issuance of such permlt shall net be con- strued to be a permlt for~ or approval of~ any vlolation of any provlsion of this Code or any other law or regulatlon. SECTION 3235. Exemptlons. The following vehicles shall be exempt from parking restrlctlons establlshed pursuant to this Chapter: (I) A vehlcle owned or operated by a utillty whether prlvately or publ1Cly owned, w~en used ln the course of business. (2) A vehicle owned or operated by a governmental agency when used ln the course of offlcial government buslness. (3) A vehlcle for WhlCh an authorlzed emergency vehlcle permlt has been issued by the Commlssloner of the Californla Hlghway Patrol when used In the cou~se of buslness. (4) A vehlcle dlsplaying an authorlzed exception card issued by the City of Santa Monlea. SECTION 3236. Authorlty of City Staff. (1) The Parking and Trafflc Englneer shall have the authorlty to promulgate rules and adminlster pollcies deslgned to lmplement thlS program. These rules shall be submltted to and approved by the Clty Councll. (2) Dlrector of Flnance. The Director of Flnance shall have authorlty to promulgate rules and administer policles designated to implement the preferential parklng permlt system set forth hereln. These rules shall be submltted to and approved by the Clty Councll. (3) Pollee Chlef. The Pollce Chief shall have the authorlty to enforce the rules and regulations establlshed pursuant to this Chapter. -5- , - SECTION 3237. Prohlbitions and Flnes. (a) No-vehlcle shall be parked or stopped adjacent to any curb ln / a permlt parklng zone in vlolation of any posted or notlced prohlbltlon or restrlction, unless such vehicle shall have prominently displayed permit as dlrected, locatlon of permlt to be determined by Pollce. Each permit shall bear the vehlcle llcense number of the lssuee. Any vehicle In violatlon of the Code shall be subject to a flne 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 conslderation any preferential parklng permlt. Upon the convlction of a violatlon of this sub- sectlon, all permlts lssued to, or for the beneflt of. the dwelllng unlt for WhlCh the sold, rented, or leased permlt was authorized shall be vOld. Any person so convicted shall be subject to a fine of $500. (c) It shall be unlawful for any person to buy or otherWlse acquire ~ for value or use any preferential parking permlt, except as provlded for in thlS artlcle, and any person so convicted shall be subject to a flne of $500. SECTION 2. Any provision of the Santa Monlca Munlclpal Code or apoendices thereto lnconsistent therewlth, to the extent of such lnconslsten- cles and no further, are hereby repealed or modlfled to that extent necessary to affect the provlslons of thlS ordlnance. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordlnance lS for a~y reason held to be invalid or unconstltutlonal by a dec1s1on of any court of any competent Jurisdlct1on, such decislon shall not affect the valldrty of the remalning portlons of the ordinance. The Clty CounCll hereby declares that it would have passed thlS ordlnance and each and every sectlon, subsection, sentence, clause or phrase not declared lnvalld or unconstltutlonal without regard to whether any portlon of the ordlnance would -6- . - be subsequently declared invalld or unconstltutional. SECTION 4. The Mayor shall slgn and the City Clerk shall attest to the passage of thlS ordinance. The Clty Clerk shall cause the same to be publlshed once ln the offlcial newspaper within fifteen days after ltS adoptlon. The ordlnance shall become effectlve after thirty days from lts adoption. APPROVED AS TO FORM: f2J).~. t:(~f~ttorney ~.-- --------- -7- i -i 00 -~- < - . -- / ADOPTED AND APPROVED THIS 22nd DAY OF April ~ EJ~O. ~~1ft/~4 J1c~ , , lj i-MAYOR I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE) No. 115~_~ WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF April J 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 2 2nd DAY OF ApTll J 1981) BY THE FOllOWING COUNCIL VOTE: ~ AYES: (OUNCI U.1ENBERS: Yannatta Goldway, Jennlng~, Reed, Rhoden, Scott, van den Steenhoven, Bambrlck NOES: COUNC I U.1ENBERS : None ABSENT: (OUNC I LI'1H1BERS : ?\one .( ATTEST: j;;J~J ~1XJ.t,J ~I;Y-CLERK ~ -