SR-417-003 (2)
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CA RLK:LBC:ndi
Counc~l Neetlng
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Santa MonlJllltall'-orn~a
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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.
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APR 2 2 198'~
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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
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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.
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(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;
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That the non-res1dent
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vehicles parked in the area of the
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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.
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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
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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.
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SECTION 3237. Prohlbitions and Flnes.
(a) No-vehlcle shall be parked or stopped adjacent to any curb ln
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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
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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
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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:
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t:(~f~ttorney ~.--
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ADOPTED AND APPROVED THIS
22nd
DAY
OF
April
~ EJ~O.
~~1ft/~4 J1c~
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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:
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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
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ATTEST:
j;;J~J ~1XJ.t,J
~I;Y-CLERK ~ -