SR-417-002-05 (5)
F:\PCD\Share\StaffReports\driveway ordinance report Santa Monica, California
Council Meeting: May 13, 2003
To: Mayor and City Council
From: City Staff
Subject: Introduction for First Reading of an Ordinance of the City Council
Allowing Property Owners to Obtain Permits For Parking in Front of Their
Private Driveways Pursuant to California Vehicle Code Section 22507.
Introduction
This report recommends that the City Council introduce for first reading an ordinance
allowing parking across private driveways in certain circumstances. The purpose of the
ordinance is to allow property owners to create parking spaces that would otherwise be
unavailable.
Background
Parking spaces are in high demand in much of the city. Although the California Vehicle
Code prohibits motorists from parking cars so that they block driveways, it also
specifically allows cities to create permit programs to allow property owners to park in
front of their own driveways. The proposed ordinance was developed in response to a
request from a local business.
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Analysis
The ordinance sets forth procedures and requirements for the proposed program. An
owner requesting access to parking in front of a driveway would submit an application
with a parking layout specifying the size, configuration and locations of the spaces.
The spaces would be marked and signed to indicate that they are available only to
vehicles displaying property owner permits. Additional signs would be provided within
the parking area to give notice of contact information in the event that a vehicle is
blocking the driveway. The number of permits will be limited to the number of marked
spaces, and the property owner or lessee will have the responsibility for maintaining
control of these permits.
If a vehicle parks across the driveway without a valid permit, the owner/applicant must
request a tow service independently and will bear responsibility for collecting any
towing charges from the owner of the vehicle.
A fee will be charged to defray the cost of administering the program. The initial permit
fee will be $15. The same fee is charged for issuance of permits through the
preferential parking program. It offsets the cost of processing renewal applications and
producing permits themselves. It does not cover the one-time cost of creating signs,
reviewing initial applications or creating the program. The fee amount my change
periodically in conjunction with the City Fee Resolution.
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Budget/Fiscal Impact
This ordinance will be implemented by existing staff. It is anticipated that fee revenue
will be deposited in account 01415.400290 preferential parking permits and will not
exceed $60 in the first year.
Recommendation
It is recommended the City Council:
1. Introduce on first reading An Ordinance of the City of Santa Monica Allowing
Property Owners To Obtain Permits For Parking on the Street in Front of Their
Driveways Pursuant to California Vehicle Code Section 22507.2.
2. Increase the budget for in 01415.400290 by $60.
Prepared by: Suzanne Frick, Director of Planning and Community Development
Lucy Dyke, Transportation Planning Manager
ATTACHMENTS: A) Ordinance
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f:\atty\muni\laws\mjm\driveparking.wpd
City Council Meeting 5-13-03 Santa Monica, California
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.12.830 RELATING TO PARKING ACROSS DRIVEWAYS
ON CERTAIN COMMERCIAL PROPERTIES
WHEREAS, the City of Santa Monica wants to maximize parking opportunities for residents,
visitors and merchants, in a manner consistent with traffic safety; and
WHEREAS, the California Vehicle Code specifically allows local authorities to create ordinances
allowing property owners or lessees to park in front of their driveways pursuant to permits; and
WHEREAS, such a permit program could provide more parking in Santa Monica for certain
properties without degrading the public health, safety and welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.12.830 is hereby amended to read as
follows:
Section 3.12.830. Parking prohibited in specified places.
(a) No person shall park or leave standing any vehicle in front of any entrance
to any garage or in front of any driveway or upon that portion of any public street or
place in the City where the Parking and Traffic Engineer Transportation Management
Division shall erect or cause to be erected a sign or cause to be painted in red a portion
of the curb line.
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(b) Notwithstanding the prohibitions contained in subsection (a) of this Section,
the owner or occupant of a single-unit commercial property may obtain a permit or
permits authorizing parking or leaving vehicles standing across the driveway of that
commercial property as specified in this subsection.
(1) Application Required. An application must be submitted to the
Transportation Management Division which includes the following information:
A. Applicant?s name and address.
B. Address of the property where parking will occur.
C. Layout of driveway and detail of parking area it serves.
D. Certification that entire parking area served provides parking
for either the owner or single tenant.
E. Scaled layout of parking requested in the public right-of-way
showing each proposed space or spaces at least 20 feet in length.
F. The names and numbers of person(s) to be notified 24 hours
a day, seven days a week, in the event of complaints or concerns regarding parking
operation.
(2) Number of Permits. The number of permits issued annually by the
Transportation Management Division for a property shall be limited to the number of
parking spaces identified on the parking layout.
(3) Responsibility for Permits. The permits shall be issued to the owner
or tenant, who shall have the sole responsibility for maintaining control of them and their
use.
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(4) Term of Permits. Permits shall expire annually on August 31 of
each year.
(5) Cost of Permits. Permits valid from the effective date of this Section
until June 30, 2004, shall cost Fifteen Dollars ($15.00) per permit. Thereafter, the cost
of the permit may be set by resolution of the City Council. Additionally, the City may
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charge a fee to cover the cost of processing permit applications, signage, and other
costs resulting from the permitting process.
(6) Signage. The parking area shall be posted with signage to inform
motorists that the driveway is subject to closure at any time by the property owner or
lessee and giving a contact telephone number that will be answered 24 hours a day,
seven days a week.
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.
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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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