O2403City Council Meeting 07 -24 -2012
Santa Monica, California
ORDINANCE NUMBER 2403 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.02.030 RELATING TO THE GENERALLY
APPLICABLE CIVIL PENALTY FOR PARKING VIOLATIONS, AMENDING
CHAPTER 3.04 RELATING TO PUBLIC PARKING LOTS, ADDING
CHAPTER 3.06 RELATING TO CAR SHARE PARKING, AMENDING
CHAPTER 3.08 RELATING TO PREFERENTIAL PARKING ZONES,
AMENDING CHAPTER 3.10 RELATING TO PREFERENTIAL PARKING
FOR EMPLOYEES OF BUSINESSES, AMENDING
CHAPTER 3.12 RELATING TO TRAFFIC REGULATIONS, AMENDING
CHAPTER 3.16 RELATING TO PARKING METERS, AND AMENDING
SECTION 3.36.280 RELATING TO CITY -OWNED PARKING FACILITIES
WHEREAS, the City of Santa Monica is a small, extremely dense, older coastal
city consisting of just 8 square miles bordered on one side by the Pacific Ocean and on
three sides by the City of Los Angeles; and
WHEREAS, the City's population is approximately 90,000; and
WHEREAS, in addition to its large residential population for its geographic size,
the City is a very desirable place to work and visit; and
WHEREAS, on weekdays, approximately 300,000 people are present within the
City and on weekends the number swells to as high as 500,000 people; and
WHEREAS, the density of the City and the number of people working or visiting
the City on a daily basis significantly impacts traffic circulation and parking availability
on the City's existing street network and off - street parking facilities; and
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WHEREAS, to effectively regulate and manage traffic and parking circulation and
the transportation network, and thereby protect the public safety and general welfare,
the City owns and operates several public parking lots and structures, manages
preferential parking zones for its residents and businesses, and regulates on- street
stopping, parking, and standing of vehicles, including installing and managing parking
meters; and
WHEREAS, certain existing laws regulating parking are unclear, out of date,
duplicative of the California Vehicle Code, contain archaic language, or do not
adequately address present traffic and parking conditions in the City, which do not
promote public welfare; instead, they create confusion, hinder compliance, and impair
enforcement efforts; and
WHEREAS, existing Santa Monica Municipal Code ( "Code ") provisions
regulating the City's public parking lots include outdated technology or equipment that is
no longer in use; and
WHEREAS, existing Code provisions regarding preferential parking zones do not
accurately reflect current parking conditions in the City, and amendments to such
provisions would improve the process for designating preferential parking zones and
issuing permits, and facilitate effective management and enforcement of preferential
parking regulations; and
WHEREAS, existing Code provisions regulating parking meters for on- street
parking include now obsolete methods of regulation, and do not reflect current
technology and modern equipment used for operating, regulating, and managing
parking meters and on- street parking availability and circulation; and
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WHEREAS, pursuant to the regulatory authority under Vehicle Code section
22508, establishing a method for adjusting parking meter rates from time to time
depending on the use and occupancy of on- street parking spaces in different areas of
the City will facilitate effective regulation of traffic circulation and parking of vehicles in
the public streets and management of on- street parking; and
WHEREAS, the City's Land Use and Circulation Element (LUCE) includes twelve
principles to help the City achieve the goals of resource conservation and environmental
responsibility, including encouraging a more sustainable transportation system; and
WHEREAS, the LUCE specifically calls for the evaluation of a car sharing
program, which may be adopted by the City pursuant to Vehicle Code section 22507.1;
and
WHEREAS, the City has previously served as a hub for regional car sharing
services and car sharing is an effective tool for managing traffic and parking congestion;
and
WHEREAS, based on the foregoing, it is necessary to add and amend various
chapters and sections of Article III of the Code in order to better manage, control, and
regulate traffic and parking circulation throughout the City; to improve the City's
transportation network in order to promote a more sustainable transportation system; to
ensure adequate parking availability for residents, workers, and visitors; to prevent
traffic congestion and hazardous traffic conditions; and to promote compliance and
facilitate more efficient and effective notice and enforcement, all of which will promote
the public health, safety, and general welfare.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.02.030 is hereby deleted
in its entirety.
SECTION 2. Santa Monica Municipal Code Chapter 3.04 is hereby amended to
read as follows:
CHAPTER 3.04
PUBLIC PARKING LOTS
3.04.010 Public parking lot defined.
A public parking lot as used in this Chapter shall mean an off - street parking lot or
parking structure owned and operated by the City of Santa Monica or the Parking
Authority of the City of Santa Monica.
3.04.030 Beach parking lot parking permits.
(a) No person shall park or leave standing any vehicle in any beach parking lot,
except the Santa Monica Pier Deck Parking Lot, Parking Lot IN, and the Beach House
for any period between sunset and sunrise of the next succeeding day, without a valid
parking permit.
(b) Beach parking lot parking permits authorizing parking during times when it
would otherwise be prohibited may be issued as follows:
(1) To a City resident living in a designated permit area and to a resident's guest
for up to one year;
(2) To a member of the public participating in or attending a regional event within
the City, if the City Council determines by resolution that issuing parking permits or
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parking receipts for beach parking lots will further the City's interests by facilitating the
event.
3.04.035 Parking fees and permit fees.
Parking fees and permit fees, if any, designated permit areas, and exempted
periods may be established and changed, from time to time, by resolution. No parking
permit will be issued until all outstanding parking citations are paid by the permit
applicant.
3.04.040 Towing.
Any vehicle parked or left standing in violation of this Chapter may be towed from
the parking lot and impounded. The registered owner of the vehicle shall be responsible
for any fees in connection with such towing and impounding.
3.04.050 Payment of posted fee required.
(a) Parking Lots with Attendants. No person shall park a vehicle in a public
parking lot with an attendant on duty unless he or she has paid the posted parking fee
and displayed the receipt for payment on the vehicle. Any person who parks in an
attended parking lot when no attendant is on duty shall pay the parking fee at the Pay
Machine located in the lot, or, if there is no Pay Machine, when exiting the lot if an
attendant is then on duty. If a vehicle is parked in an attended public parking lot without
a Pay Machine and the vehicle does not display a parking receipt, it shall be presumed
that the vehicle entered the parking lot when there was no attendant on duty.
(b) Parking Lots with Pay Machines and No Attendants. No person shall park
a vehicle in an unattended public parking lot with a Pay Machine unless he or she has
paid the posted parking fee. If instructed by a posted sign to display the receipt of
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payment, the receipt must be visibly displayed on the vehicle as instructed by the
posted signage.
(c) Removal of Parking Receipts Prohibited. No person shall remove a parking
receipt from another vehicle in a public parking lot.
(d) Transfer of Parking Receipts Prohibited. No person shall transfer or cause
to be transferred a parking receipt from another vehicle in a public parking lot to avoid
payment of posted parking fees.
3.04.080 Marked exits.
No person shall remove a vehicle from a public parking lot except through a
marked exit gateway or driveway.
3.04.100 Parking spaces.
No vehicle shall be parked in any public parking lot except entirely within a space
indicated by painted lines, said spaces being commonly referred to as a "parking
space," "parking slot," or "parking stall," unless exempted by permit pursuant to Section
3.04.150 of this Chapter.
3.04.150 Large vehicles in public parking lots.
No person shall drive a large vehicle as defined in Section 3.12.870 onto any
public parking lot, unless the person has a permit issued by the City. This Section does
not apply to any large vehicle actively engaged in business deliveries to or pick -up from
merchants maintaining an established place of business adjacent to such parking lot.
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3.04.160 Prohibited activities.
No person shall engage in any sports or recreational activity in any public parking
lot that endangers public health or safety or threatens injury to persons or damage to
property.
3.04.170 Posted speed limits.
No person shall drive a vehicle in excess of the posted speed limit on any public
parking lot.
3.04.190 Maximum speed limit.
Unless otherwise posted, no person shall drive a motor vehicle upon any public
parking lot at a speed greater than fifteen miles per hour.
3.04.200 Penalties.
(a) Any person violating any provision of this Chapter, except for provisions
restricting the parking or standing of vehicles, shall be guilty of either an infraction,
which shall be punishable by a fine not exceeding two hundred and fifty dollars per
violation, or a misdemeanor, which shall be punishable by a fine not exceeding one
thousand dollars per violation, or by imprisonment in the County Jail for a period not
exceeding six months, or by both such fine and imprisonment.
(b) Any person who violates any provision of this Chapter, except for provisions
restricting the parking or standing of vehicles, shall be subject to administrative fines
and administrative penalties pursuant to Chapter 1.09 of this Code.
(c) The remedies provided in this Chapter are not exclusive, and nothing in this
Chapter shall preclude any person from seeking other remedies, penalties or
procedures provided by law.
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SECTION 3. Santa Monica Municipal Code Chapter 3.06 is hereby added to
read in its entirety as follows:
CHAPTER 3.06
CAR SHARE
Section 3.06.010 Purpose.
The car share permit requirements established in this Chapter are intended to
promote sustainable and alternative transportation practices, alleviate traffic congestion,
manage the availability of on- street parking, particularly in areas that will maximize the
use of car share vehicles, and thereby improve traffic and parking circulation.
Section 3.06.020 Definitions.
The following words or phrases as used in this Chapter shall have the following
meanings.
(a) Car Share Vehicle. "Car share vehicle" shall mean a motor vehicle, no more
than six feet in height, that is operated as part of a regional fleet by a public or private
car sharing company or organization and provides hourly or daily service.
(b) City Car Share Program. "City Car Share Program" shall mean a program
under which the City designates on- street parking spaces for the exclusive use of
vehicles displaying a valid car share permit.
(c) Car Share Permit. "Car share permit' shall mean a permit issued by the City
for a car share vehicle.
(d) Eligible Car Share Organization. "Eligible car share organization" shall
mean a public or private car sharing company or organization that satisfies the criteria
of this Chapter.
Section 3.06.030 Designation of car share parking spaces.
The Director of Planning and Community Development, or his or her designee, is
authorized in accordance with the purposes of this Chapter to designate streets or
portions of streets by signs or markings upon which parking is reserved for the exclusive
use of car share vehicles.
Section 3.06.040 Car share permit required.
No person shall stop, park or leave standing any vehicle in a place designated for
the exclusive parking of car share vehicles participating in the City Car Share Program,
unless the vehicle has a valid car share permit displayed as directed by the City.
Section 3.06.050 Eligibility criteria for car share company or organization.
Participation in the City Car Share Program is limited to car share companies or
organizations selected through a competitive bidding process, based on criteria
including but not limited to the following:
(a) The car share company or organization must have an online or other similarly
accessed real -time system used for processing and paying for car share vehicle
reservations;
(b) The car share vehicles may be accessed where they are parked without
requiring a person to go to a different physical location to execute a contract or pick up
keys or other access and ignition devices.
SECTION 4. Santa Monica Municipal Code Chapter 3.08 is hereby amended to
read as follows:
(r]
CHAPTER 3.08
PREFERENTIAL PARKING ZONES
3.08.010 Purpose.
The preferential parking requirements established in this Chapter are intended to
regulate and manage traffic and parking circulation by limiting on- street parking
availability on residential streets in a manner that facilitates the ability of residents with
preferential parking permits to find on- street parking for their vehicles in close proximity
to their residence, and promotes sufficient parking availability in a particular area when
and where needed.
3.08.020 Definitions.
The following words and phrases as used in this Chapter shall have the following
meanings.
(a) Dwelling Unit. 'Dwelling Unit" shall mean any self- contained house,
apartment, stock cooperative, or condominium occupied solely for residential purposes.
(b) Preferential Parking Zone. 'Preferential Parking Zone" shall mean a
residential area with streets and boundaries designated by the City Council wherein
vehicles displaying a permit issued pursuant to this Chapter shall be exempt from
parking restrictions established pursuant to this Chapter.
(c) Resident. `Resident' shall mean any person who lives in a dwelling unit
located in a preferential parking zone.
(d) Visitor. "Visitor" shall mean a person visiting residents living in a preferential
parking zone.
3.08.030 Designation of preferential parking zone.
(a) Upon receipt and verification of a petition signed by residents living in two-
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thirds of the dwelling units comprising at least fifty percent of the developed frontage of
the area proposed for designation, the City shall undertake such surveys or studies as
deemed necessary to determine whether an area should be designated a preferential
parking zone.
(b) Upon the recommendation of City staff, the City Council shall consider areas
for designation as preferential parking zones. If the Council finds that an area satisfies
the criteria set forth in this Chapter for preferential parking zone designation, the Council
may adopt a resolution designating an area as a preferential parking zone and authorize
the Director of Planning and Community Development, or his or her designee, to
establish appropriate parking restrictions for the zone
(c) The City Council may, at its discretion, adopt a resolution designating an area
as a preferential parking zone and authorize the Director of Planning and Community
Development, or his or her designee, to establish appropriate parking restrictions for the
zone.
3.08.040 Designation criteria.
The Council may adopt a resolution designating an area as a preferential parking
zone based upon the following criteria:
(a) That non - resident vehicles, defined as those vehicles operated by persons
whose destinations are to nonresidential areas, do or may substantially and regularly
interfere with the use of the majority of available on- street or alley parking spaces by
adjacent residents;
(b) That the interference by the non - resident vehicles occurs at regular and
significant daily or weekly intervals;
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(c) That the non - resident vehicles parked in the area of the proposed zone cause
or are the source of unreasonable noise, traffic hazards, environmental pollution, or
devaluation of real property in the area of the proposed zone;
(d) That no unreasonable displacement of non - resident vehicles will result in
surrounding residential areas outside the proposed zone;
(e) That a shortage of reasonably available and convenient residential related
parking spaces exists in the area of the proposed zone; and
(f) That alternative solutions are not feasible or practical.
3.08.060 Dissolution process.
A preferential parking zone shall be dissolved by resolution of the City Council:
(a) Upon receipt and verification of a petition signed by residents living in two-
thirds of the dwelling units comprising at least fifty percent of the developed frontage of
the preferential parking zone; or
(b) Upon findings by the City Council that the criteria for designating the
preferential parking zone are no longer satisfied.
3.08.070 Preferential parking permits.
(a) Issuance and Fees. No permit will be issued to any applicant until that
applicant has paid all of his or her outstanding parking citations, including all civil
penalties and related fees.
An applicant shall present proof of residency in the preferential parking zone.
Each qualified applicant is entitled to purchase one permit per vehicle, up to
three permits per year. The address of vehicle registration must coincide with the
residence address of applicant. An applicant requesting more than three permits for his
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or her dwelling unit may be granted additional permits by the City upon showing that
there are more than three vehicles registered at the dwelling unit and that to deny
additional permits would constitute a hardship, and upon the determination by the City,
that sufficient off - street parking is not available to the applicant.
Permit fees shall cover the cost of establishing and maintaining the preferential
parking zone. Permit fees shall be set by City Council resolution at the time of the
preferential parking zone designation.
(b) Duration. Preferential parking permits shall remain in effect for a period of
one calendar year or fraction thereof, or as long as the permit holder continues to reside
in the dwelling unit for which the permit was issued, or until the preferential parking zone
for which the permit was issued is dissolved, whichever period of time is less.
unit.
(c) Visitor Permits. Any resident may purchase two visitor permits per dwelling
(d) Guest Permits. The owner or owner's agent of a commercial property which
is a City- designated historic landmark and which provides overnight accommodations
on residentially -zoned property within a preferential parking zone may obtain one guest
permit for preferential parking per guest unit. Such permits shall be in lieu of an
exemption of the property's frontage from preferential parking regulations.
(e) Availability of Parking. A preferential parking permit shall not guarantee or
reserve to the permit holder an on- street parking space within the designated
preferential parking zone.
(f) Restrictions and Conditions. Each permit issued pursuant to this Section
shall be subject to each and every condition and restriction set forth in this Chapter and
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as provided for the preferential parking zone for which it was issued, as may be
amended from time to time. The issuance of such permit shall not be construed to waive
compliance with any other applicable parking law, regulation or ordinance.
3.08.080 Reserved.
3.08.090 Exemptions.
(a) The following vehicles are exempt from parking restrictions pursuant to this
Chapter:
(1) A vehicle owned or operated by a public or private utility, when used in the
course of business.
(2) A vehicle owned or operated by a governmental agency, when used in the
course of official government business.
(3) A vehicle for which an authorized emergency vehicle permit has been issued
by the Commissioner of the California Highway Patrol, when used in the course of
business.
(4) A vehicle parked or standing while actively delivering materials or freight.
(5) A vehicle displaying an authorized exemption permit issued by the City of
Santa Monica.
(6) A vehicle parked for the purpose of attending or participating in an event
taking place at a school within the Santa Monica Malibu Unified School District,
provided that the vehicle is parked within two blocks of the school, the school has
requested and received approval from the City at least fourteen days before the event
date, and the school distributes notices to all addresses within a two -block radius of the
school. Exempt parking pursuant to this subsection (a)(6) is available for no more than
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five events per school year for each school.
(b) All vehicles are exempt from parking restrictions pursuant to this Chapter on
the following holidays: January 1, July 4, Thanksgiving Day, and December 25.
3.08.100 Authority of City staff.
(a) The Director of Planning and Community Development and the Director of
Finance are authorized to adopt administrative regulations that are consistent with the
purposes of this Chapter.
(b) The Police Department shall have the authority to enforce the administrative
regulations established pursuant to this Chapter.
WIMIili[r11T. M $11MOTITV. I 'llIMM
No person shall stop, stand or park a vehicle adjacent to any curb in a
preferential parking zone in violation of any posted or noticed prohibition or restriction,
unless the person has a valid and current preferential parking permit for that vehicle, or
is otherwise exempt to the extent authorized by law.
3.08.120 Transfer of preferential parking permits prohibited.
(a) No person shall sell, rent, or lease, or cause to be sold, rented, or leased for
any value or consideration any preferential parking permit. Upon the conviction of a
violation of this subsection, all permits issued to, or for the benefit of, the dwelling unit
for which the sold, rented, or leased permit was authorized shall be void.
(b) No person shall buy or otherwise acquire for value or use any preferential
parking permit, except as provided for in this Chapter.
(c) Any person violating this Section shall be guilty of an infraction, which shall be
punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which
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shall be punishable by a fine not exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not exceeding six months, or by both such
fine and imprisonment.
SECTION 5. Santa Monica Municipal Code Chapter 3.10 is hereby amended to
read as follows:
CHAPTER 3.10
PREFERENTIAL PARKING FOR EMPLOYEES OF BUSINESSES
AND COMMERICAL PROPERTY OWNERS
3.10.005 Purpose.
The preferential parking requirements established in this Chapter are intended to
regulate and manage traffic and parking circulation by limiting on- street parking
availability on designated streets in a manner that facilitates the ability of employees of
businesses and tenants of commercial property owners with preferential parking permits
to find on- street parking for their vehicles in close proximity to their place of work, and
promotes sufficient parking availability in a particular area when and where needed.
3.10.010 Preferential parking for businesses and commercial property owners.
Subject to the eligibility requirements established in Section 3.10.020 and any
administrative regulations established thereto, a business or commercial property owner
with legal non - conforming on -site parking located within a fifteen hundred foot radius of
one of the blocks specified in this Section may be issued preferential parking permits by
the City.
Total # of
Block Permits
10th St. between Pico and Michigan 8
10th St. between Pico and Bay 2
11th St. between Pico and Bay 2
16
11th St. between Bay and Grant 2
1000 Bay Street between 10th and 11th 3
1100 Bay Street between 11th and Euclid 3
TOTAL
3.10.020 Requirements for permits.
` e,
After the receipt of a complete application, the City may issue preferential parking
permits to a qualified business or commercial property owner located in a preferential
parking zone subject to findings by the City of: the availability of spaces; the City's
approval of a worksite trip reduction plan pursuant to Section 9.16.080 of this Code; the
business' or commercial property owner's agreement to share its off - street parking with
other businesses or commercial property owners in the area to the extent feasible
consistent with local law; and payment of the permit fee. No business or commercial
property owner shall be eligible to possess more than five permits at any time. A lottery
system may be implemented to allocate preferential parking permits to ensure that all
qualifying businesses and commercial property owners have a fair opportunity to obtain
a permit. Permit holders who violate this Chapter or any administrative regulations may
have their permit revoked and may be excluded from obtaining future permits.
3.10.030 Rights and duties of permittees.
Preferential parking permits shall allow the permit holder to park one car
associated with that permit on the specific block for which the permit is issued from nine
a.m. to six p.m. weekdays. The permit holder must be an employee of the business or
the tenant of a commercial property owner that is issued the preferential parking permit.
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3.10.040 Fees.
The fee for preferential parking permits issued pursuant to this Chapter shall be
set by resolution of the City Council.
3.10.050 Term.
Permits shall be valid for three months and reissued quarterly to permittees in
good standing.
3.10.060 Administrative regulations.
The Director of Planning and Community Development and the Director of
Finance are authorized to adopt administrative regulations that are consistent with the
purposes of this Chapter, including but not limited to the conduct and timing of the
lottery for allocating preferential parking permits, the permit application submittal date,
the number of permits that will be issued to individual qualifying businesses or
commercial property owners, and regulations for the use of the permits.
SECTION 6. Santa Monica Municipal Code Section 3.12.010 is hereby amended
to read as follows:
3.12.010 Definitions.
The following words and phrases as used in this Chapter shall have the following
meanings.
SECTION 7. Santa Monica Municipal Code Section 3.12.020 is hereby deleted in
its entirety.
SECTION 8. Santa Monica Municipal Code Section 3.12.070 is hereby amended
to read as follows:
M.
3.12.070 Loading zone.
"Loading Zone" is that space adjacent to a curb reserved for the exclusive use of
vehicles actively engaged in loading or unloading of materials, freight or passengers.
SECTION 9. Santa Monica Municipal Code Section 3.12.080 is hereby amended
to read as follows:
3.12.080 Official traffic control signals.
"Official Traffic Control Signals" include any devices, whether manually,
electrically or mechanically operated, by which traffic is alternately directed to stop and
proceed, and which is placed or erected by authority of a public body or official having
jurisdiction.
SECTION 10. Santa Monica Municipal Code Section 3.12.090 is hereby
amended to read as follows:
3.12.090 Official traffic control devices.
"Official Traffic Control Devices" include all signs, signals, markings, and devices
consistent with Vehicle Code Sections 440 and 21400, placed or erected by authority of
a public body or official having jurisdiction for the purpose of regulating, warning, or
guiding traffic.
SECTION 11. Santa Monica Municipal Code Section 3.12.100 is hereby
amended to read as follows:
3.12.100 Operator.
"Operator," includes any person who is in actual physical control of a vehicle.
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SECTION 12. Santa Monica Municipal Code Section 3.12.110 is hereby
amended to read as follows:
3.12.110 Park or parking.
"Park" or "parking" is the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading passengers or materials.
SECTION 13. Santa Monica Municipal Code Section 3.12.140 is hereby deleted
in its entirety.
SECTION 14. Santa Monica Municipal Code Section 3.12.190 is hereby
amended to read as follows:
3.12.190 Sidewalk.
"Sidewalk" is that portion of a street other than a roadway or a parkway, set apart
by curbs, barriers, markings or other delineation for pedestrian travel.
SECTION 15. Santa Monica Municipal Code Section 3.12.200 is hereby
amended to read as follows:
3.12.200 Stop or stopping.
"Stop" or "Stopping" is a complete cessation of movement.
SECTION 16. Santa Monica Municipal Code Section 3.12.260 is hereby
amended to read as follows:
3.12.260 Official traffic control signals.
Whenever traffic is controlled by official traffic control signals exhibiting the
words, "GO," "CAUTION," or "STOP," or exhibiting different colored lights successively,
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one at a time, such signals shall conform with the requirements of the Vehicle Code and
all persons shall comply with such signals.
SECTION 17. Santa Monica Municipal Code Section 3.12.270 is hereby
amended to read as follows:
3.12.270 Disobeying instructions of various signals.
No person shall disobey instructions of any banner or sign erected by the City
and erected or placed in accordance with provisions of this Chapter.
SECTION 18. Santa Monica Municipal Code Section 3.12.300 is hereby deleted
in its entirety.
SECTION 19. Santa Monica Municipal Code Section 3.12.710 is hereby
amended to read as follows:
3.12.710 Stopping, standing, and parking.
The Director of Planning and Community Development, or his or her designee, is
authorized to establish, maintain, and designate upon the surface of the roadway or
curbs stopping, parking or standing regulation signs or markings, which signs or
markings shall conform to the provisions of the Vehicle Code and shall have the
meanings therein prescribed. Such authority includes the power to determine those
streets within any commercial or residential district which have a grade exceeding three
percent (3 %) and upon which a hazardous condition would be created unless
unattended motor vehicles are parked by blocking the wheels thereof by turning them
against the curb or by other means and to cause appropriate signs to be posted on such
streets. When such signs have been posted, or street or curb markings placed, no
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person shall stop, stand or park a vehicle in violation thereof.
SECTION 20. Santa Monica Municipal Code Section 3.12.720 is hereby
amended to read as follows:
3.12.720 Removal of illegally parked vehicles.
Police officers are authorized to remove from streets or highways within the City
to the nearest garage or other place of safety, or to a garage or other place of safety
designated or maintained by the Police Department, any vehicle which has been parked
or left standing in violation of an official sign or marking prohibiting the stopping,
standing or parking of vehicles and giving notice that such vehicle may be removed.
SECTION 21. Santa Monica Municipal Code Section 3.12.730 is hereby
amended to read as follows:
3.12.730 Green parking zones.
A green parking zone shall exist where the curb is painted green. The words 15-
Minute Limit' may also be stenciled on the curb within the zone. No person shall stop,
stand or park in any green parking zone for more than 15 minutes.
SECTION 22. Santa Monica Municipal Code Section 3.12.740 is hereby
amended to read as follows:
3.12.740 Yellow loading zones.
A yellow loading zone shall exist where the curb is painted yellow. The words
"15- Minute Loading Only 7 am -6 pm Mon -Sat' may also be stenciled on the curb within
the zone. No person shall park in any yellow loading zone between the hours of 7:00
a.m. and 6:00 p.m. Monday through Saturday. No person shall stop, stand or park in a
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yellow loading zone for a longer time than necessary to load or unload materials, freight
or passengers, and in no event longer than 15 minutes. A yellow loading zone may be
established if all of the following factors exist:
(1) Sufficient loading activity exists to warrant reducing curb parking by installing
the more restrictive loading zone.
(2) Curb availability for loading is insufficient due to heavy area parking demand.
(3) Off - street or alley loading is not available.
SECTION 23. Santa Monica Municipal Code Section 3.12.750 is hereby deleted
in its entirety.
SECTION 24. Santa Monica Municipal Code Section 3.12.760 is hereby
amended to read as follows:
3.12.760 White loading zones.
A white loading zone shall exist where the curb is painted white. The words "3-
Minute Limit Passenger Loading Only" or "Loading Only" may also be stenciled on the
curb within the zone. No person shall stop, stand or park in any white loading zone for a
longer time than necessary to load or unload passengers or deposit mail in an adjacent
mailbox and in no event longer than three minutes. A white loading zone may be
established if curb parking is insufficient due to heavy area parking and sufficient
loading activity exists to warrant reducing curb parking by installing the more restrictive
loading zone or the following factors exist:
(a) An adjacent hotel or motel with at least 50 rooms and a desk clerk on duty 24
hours a day does not have off- street loading.
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(b) An adjacent apartment or apartment -hotel has the same existing factors as in
subsection (a) above and at least 50% of the average monthly. occupancy is of a
transient nature.
SECTION 25. Santa Monica Municipal Code Section 3.12.770 is hereby
amended to read as follows:
3.12.770 Disabled Parking Zones.
(a) A Disabled Parking Zone shall exist where the curb or edge of the paved
portion of the street adjacent to the on- street parking space or where the stalls or
spaces in an off - street parking facility have been designated for parking for disabled
persons in the manner required by the Vehicle Code.
(b) No person shall stop, stand or park a vehicle in a Disabled Parking Zone
unless the vehicle has a distinguishing license plate issued to a disabled person
pursuant to Vehicle Code Section 5007 or displays a distinguishing placard issued to a
disabled person pursuant to Vehicle Code Section 22511.55 or 22511.59. Any vehicle
parked in violation of this Section may be removed from the Disabled Parking Zone in
the manner authorized by law.
exists:
(c) A Disabled Parking Zone may be established if either of the following factors
(1) On- street parking is insufficient due to heavy area parking; or
(2) Sufficient vehicular activity by disabled persons exists at the location.
SECTION 26. Santa Monica Municipal Code Section 3.12.775 is hereby added to
read as follows:
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3.12.775 Disabled parking prohibited.
No person shall stand or park a vehicle on a street or in a parking stall or space
in an off - street parking facility when the vehicle displays, in order to obtain special
parking privileges, a distinguishing placard or special license plate issued pursuant to
Vehicle Code section 5007, 22511.55, or 22511.59, and any of the following conditions
are met:
(a) The records of the Department of Motor Vehicles for the identification number
assigned to the placard or license plate indicate that the placard or license plate has
been reported as lost, stolen, surrendered, canceled, revoked, or expired, or was issued
to a person who has been reported as deceased for a period exceeding 60 days.
(b) The placard or license plate is displayed on a vehicle that is not being used to
transport, and is not in the reasonable proximity of, the person to whom the license
plate or placard was issued or a person who is authorized to be transported in the
vehicle displaying that placard or license plate.
(c) The placard or license plate is counterfeit, forged, altered, or mutilated.
SECTION 27. Santa Monica Municipal Code Section 3.12.790 is hereby
amended to read as follows:
3.12.790 Angle and head -in parking.
(a) All parking upon a roadway or street shall be parallel, except upon those
streets which have been marked for or have a posted sign indicating angle parking,
upon which streets vehicles shall be parked at the angle to the curb indicated by such
markings or signs and not otherwise.
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(b) No person shall disobey instructions of any official traffic sign requiring head -
in parking.
SECTION 28. Santa Monica Municipal Code Section 3.12.830 is hereby
amended to read as follows:
3.12.830 Parking prohibited in specified places.
(a) Unless otherwise designated by a posted sign or a parking meter, no person
shall stop, park or leave standing any vehicle in front of any entrance to any carport,
garage or in front of any driveway apron, or upon that portion of any public street or
place in the City where the City has erected a sign or painted in red a portion of the curb
line.
(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. For purposes of this subsection, "across the driveway" means in
the street parallel to the curb of the street blocking the driveway. At no time may a
person park a vehicle in such a manner that blocks or intrudes upon any portion of a
sidewalk or horizontal extension of a sidewalk adjacent to the driveway or extension of a
driveway crossing over the public right -of -way.
(1) Application Required. An application must be submitted to the City 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 twenty feet in length;
(F) The names and numbers of person(s) to be notified twenty -four 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 City 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.
year.
(4) Term of Permits. Permits shall expire annually on December 31st of each
(5) Cost of Permits. Permits valid from the effective date of this Section until
June 30, 2004, shall cost fifteen dollars per permit. Thereafter, the cost of the permit
may be set by resolution of the City Council. Additionally, the City may 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 twenty -four hours a day, seven
days a week.
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days.
(7) Processing. Once complete, applications shall be processed within thirty
SECTION 29. Santa Monica Municipal Code Section 3.12.835 is hereby
amended to read as follows:
3.12.835 Electric vehicle parking.
The Director of Planning and Community Development, or his or her designee, is
authorized to designate parking spaces or stalls in an off - street parking facility owned
and operated by the City of Santa Monica or the Parking Authority of the City of Santa
Monica for the exclusive purpose of charging and parking a vehicle that is connected for
electric charging purposes.
SECTION 30. Santa Monica Municipal Code Section 3.12.840 is hereby
amended to read as follows:
3.12.840 Parking time limited in specified places.
No person shall park or leave standing any vehicle upon that portion of a street,
alley or public place during the posted hours and period of time prohibiting standing or
parking.
SECTION 31. Santa Monica Municipal Code Section 3.12.845 is hereby added to
read as follows:
3.12.845 Street Sweeping.
No person shall park or leave standing any vehicle upon that portion of a street,
alley or public place during the posted days and hours for street sweeping.
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SECTION 32. Santa Monica Municipal Code Section 3.12.850 is hereby
amended to read as follows:
3.12.850 Early morning parking prohibited.
No person shall park or leave standing any vehicle for a period longer than thirty
minutes between the hours of 3:00 a.m. and 5:00 a.m. of any day on any street, alley or
public place when posted in accordance with Section 3.12.840 of this Chapter.
SECTION 33. Santa Monica Municipal Code Section 3.12.870 is hereby
amended to read as follows:
3.12.870 Height and width restrictions.
No person shall park any commercial vehicle on a public street or alley in a
residential district as established by Article 9 of this Code, except when actively
engaged in commercial activities, in the event of an emergency, or for the purpose of
loading and unloading, if any part of such commercial vehicle, together with fixtures or
property thereon, if any, measures more than eight feet in width or eight feet in height.
SECTION 34. Santa Monica Municipal Code Section 3.12.900 is hereby
amended to read as follows:
3.12.900 Overnight parking permits for oversized vehicles.
Permits for overnight parking in residential areas may be issued by the City upon
application of any person therefor, and subject to the following provisions:
(a) Each application for an overnight street parking permit shall be filed with the
City, upon a form to be furnished by the City.
(b) Each such application shall set forth:
(1) The name, residence address, and telephone number of the applicant;
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(2) The license number, make, model, and type of vehicle for which an overnight
parking permit is requested;
(3) The name and current address of the registered owner of said vehicle;
(4) The dates for which the permit is requested. Such dates shall consist of two
twenty -four hour periods, to commence in all cases at 6:00 p.m., and to end in all cases,
at 6:00 p.m. the following day;
(5) Such additional information as the City may require;
(6) A statement that applicant declares under penalty of perjury that all
statements in the application are true; and
(7) The signature of the applicant.
(c) Upon the filing of the application, the City may make such investigation
thereof as necessary to determine whether such a permit should be issued. An
overnight parking permit shall be issued in a form designated by the City, specifying the
twenty -four hour periods for which it is valid. Such permit shall be issued only for a non-
commercial passenger vehicle, as defined by the Vehicle Code, which together with any
fixtures, accessories or property, except single post radio antennas, exceeds a width of
eight feet, a height of eight feet, or a length of twenty feet, but in no event shall such a
permit be issued where, upon investigation, it is determined by the City, that to permit
overnight parking of the vehicle for which the application is made would constitute a
hazard to pedestrians, vehicular traffic or enforcement of the law.
(d) The overnight parking permit shall be visibly displayed on the vehicle for
which it was issued as instructed by the City, and the permit shall not be effective
unless it is so affixed.
(e) No more than three overnight parking permits may be issued in any thirty -day
period for the parking of an oversized vehicle at a single residence address.
(f) An overnight parking permit issued pursuant to this Section does not waive
compliance with any other applicable parking law, regulation or ordinance.
SECTION 35. Santa Monica Municipal Code Section 3.12.1060 is hereby
amended as follows:
3.12.1060 Penalties.
(a) Any person violating any provision of this Chapter, except for provisions
restricting the parking or standing of vehicles or as otherwise specified in this Chapter,
shall be guilty of either an infraction, which shall be punishable by a fine not exceeding
two hundred and fifty dollars per violation, or a misdemeanor, which shall be punishable
by a fine not exceeding one thousand dollars per violation, or by imprisonment in the
County Jail for a period not exceeding six months, or by both such fine and
imprisonment.
(b) Any person who violates any provision of this Chapter, except for provisions
restricting the parking or standing of vehicles or as otherwise specified in this Chapter,
shall be subject to administrative fines and administrative penalties pursuant to Chapter
1.09 of this Code.
(c) The remedies provided in this Chapter are not exclusive, and nothing in this
Chapter shall preclude any person from seeking other remedies, penalties or
procedures provided by law.
SECTION 36. Santa Monica Municipal Code Section 3.12.1070 is hereby deleted
in its entirety.
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SECTION 37. Santa Monica Municipal Code Chapter 3.16 is hereby amended to
read as follows:
CHAPTER 3.16
PARKING METERS
3.16.020 Definitions.
The following words and phrases as used in this Chapter shall have the following
meanings.
(a) Holiday. "Holiday" shall mean the following days: January 1, the third Monday
in January, the third Monday in February, the last Monday in May, July 4, the first
Monday in September, the second Monday in October, November 11, Thanksgiving
Day, December 25, and any other day designated by the City Council as a day for
public feast, thanksgiving or holiday.
(b) Operator. "Operator" shall mean an individual who operates a vehicle as the
owner or lessee, or as the agent, employee or permittee of the owner or lessee, or who
is in actual physical control of the vehicle.
(c) Parking Meter. 'Parking meter' shall mean any mechanical or electronic
single or multi -space device, system, or meter that registers payment for an on- street
parking space and is erected for the regulation of on- street parking.
(d) Payment. 'Payment" shall mean any lawful coin, bill, or combination of coins
and bills of the United States of America, credit cards, debit cards, or any other payment
method designated by the legend of the parking meter or adjacent signage.
3.16.080 Designation of parking spaces.
The Director of Planning and Community Development, or his or her designee, is
authorized to mark off or cause to be marked off individual parking spaces on any public
32
streets, which shall be designated by white lines painted or durably marked on the
surface of the street or on the curb.
3.16.120 Operation of parking meters.
(a) Unless exempt pursuant to subsection (b) or (c) of this Section, when any
vehicle is parked in a metered parking space, the operator immediately shall deposit
payment in the manner prescribed on the parking meter or at the parking space. Unless
otherwise permitted by law, no person shall park a vehicle in a designated metered
parking space in excess of the maximum parking time limit set by the City.
(b) Subsection (a) of this Section shall not require an operator of a vehicle to
deposit payment in a parking meter when:
(1) The parking meter indicates an unexpired portion remains of the period for
which payment had been previously made; or
(2) An officer of the Fire or Police Department has determined a period of
emergency exists; or
(3) In compliance with the directions of a police officer or traffic control sign or
signal; or
(4) A posted sign at the parking space indicates words similar to "Except Sunday"
or "Except Sundays and Holidays" and the day is a Sunday or a holiday.
(c) Subsection (a) of this Section shall not require an operator of a vehicle to
deposit payment in a parking meter if the vehicle is lawfully displaying one of the
following valid and current decals, placards or plates issued by the California
Department of Motor Vehicles:
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(1) Clean Air or Zero - Emissions Vehicle Decal; or
(2) Any Special Recognition Plate.
3.16.170 Parking meter zones meter rates and hours of operation.
(a) Parking rates for parking a vehicle in a designated on- street parking space
shall be established and adjusted from time to time to manage the use and occupancy
of on- street parking spaces for the public benefit in all parking areas, based on the
following process:
(1) A target occupancy rate of eighty -five percent is established in order to
manage the supply of parking and make it reasonably available when and where
needed;
(2) At least annually and not more frequently than quarterly, the City shall survey
the average occupancy for each parking meter zone or area in the City that has parking
meters. Based on the survey results, the City may adjust the parking rates up or down
in twenty -five cent ($0.25) intervals to seek to achieve the target occupancy rate. The
base parking meter rate, and any adjustments to that rate made pursuant to this
Chapter, shall become effective upon the programming of the parking meter for that
rate. A current schedule of parking meter rates shall be available at the City Clerk's
office;
(3) The hourly meter rate shall not be less than seventy -five cents or exceed four
dollars.
(b) This Section does not apply to any off - street public parking lots or other off-
street public parking facilities owned and operated by the City of Santa Monica or the
Parking Authority of the City of Santa Monica.
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3.16.180 Downtown parking meter zone.
The Downtown Parking Meter Zone shall include all streets or portions of streets
within the area generally bounded by Wilshire Boulevard to the north, Lincoln Avenue to
the east, Colorado Avenue to the south, and Ocean Avenue to the west, and the area
generally bounded by Colorado Avenue to the north, 4th Street to the east, Pico
Boulevard to the south, and Ocean Avenue to the west.
3.16.190 Beach parking meter zone.
The Beach Parking Meter Zone shall include all streets or portions of streets lying
west of Ocean Avenue or Neilson Way, including but not limited to the following: Appian
Way, Barnard Way, Seaside Terrace, Moss Terrace, Vicente Terrace, Bay Street,
Bicknell Street, Pacific Street, Strand Street, Hollister Avenue, Wadsworth Avenue, Hart
Avenue, Fraser Avenue, Ocean Park Boulevard, and Marine Street.
3.16.200 Citywide parking meter zone.
The Citywide Parking Meter Zone shall include all streets or portions of streets
within the City that are not designated as part of the Downtown Parking Meter Zone or
the Beach Parking Meter Zone.
3.16.240 Violation— Parking beyond time limit.
No owner or operator shall allow his or her vehicle to be parked beyond the
maximum parking time established for any parking meter. No person shall deposit
payment in any parking meter for the purpose of parking beyond the maximum legal
parking time for the particular parking meter.
3.16.241 Violation — Failure to remove vehicle within posted time limited period.
Any owner or operator whose vehicle is not removed from a City owned or
35
operated public parking lot where time limits are posted within the posted period is in
violation of this section.
3.16.250 Violation— Parking where meter indicates time limit is over.
No owner or operator shall allow his or her vehicle to remain parked in any
metered parking space beyond expiration of the time for which payment had been
deposited.
3.16.260 Violation — Parking beyond meter space.
No owner or operator shall allow any portion of his or her vehicle to be parked
across any line or marking designating a metered parking space.
3.16.270 Violation— Damaging parking meters.
No person shall deface, injure, tamper with, open or willfully break, alter, destroy,
or impair the operation of any parking meter..
3.16.280 Violation — Slugs.
No person shall deposit or cause to be deposited in any parking meter any slugs,
device, metal substance, or other substitute for lawful payment.
3.16.310 Parking meter permits.
Notwithstanding any other provision of this Code, a person may park a vehicle at
designated metered parking spaces in the City without payment, provided that the
vehicle has displayed in the manner required by the City a permit authorizing the vehicle
to park in the space without payment and the parking meter displays a sign authorizing
parking permits at such meter. The areas in which such parking permits may be used
and the fees for the issuance of parking permits shall be established by resolution of the
City Council.
36
SECTION 38. Santa Monica Municipal Code Section 3.36.280 shall be amended
as follows:
3.36.280 Regulation of City -owned parking structures.
(a) No person may be present in a City -owned parking structure unless he or she
is engaged in one of the following activities or accompanying someone who is so
engaged;
(1) Parking or unparking a vehicle or riding in a vehicle which is being parked or
unparked;
(2) Departing from after parking, or returning to, for unparking, a vehicle which is
parked in the parking structure;
(3) Using or going to or from public restroom facilities located in the parking
structure;
(4) Authorized by the City of Santa Monica to be present.
(b) Any person violating subsection (a) of this Section shall be guilty of a
misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars
per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both fine and imprisonment; or shall be guilty of an infraction, which shall
be punishable by a fine of not less than one hundred dollars but not more than two
hundred fifty dollars.
(c) The term "City -owned parking structures" means the following structures,
excepting retail or commercial space:
(1) Structure No. 1, located at 1234 4th Street, Santa Monica;
(2) Structure No. 2, located at 1235 2nd Street, Santa Monica;
WA
(3) Structure No. 3, located at 1320 4th Street, Santa Monica;
(4) Structure No. 4, located at 1321 2nd Street, Santa Monica;
(5) Structure No. 5, located at 1440 4th Street, Santa Monica;
(6) Structure No. 6, located at 1431 2nd Street, Santa Monica;
(7) Structure No. 7, located in the 1500 block of 4th Street, Santa Monica;
(8) Structure No. 8, located in the 1500 block of 2nd Street, Santa Monica;
(9) Structure No. 9, located in the 1100 block of 4th Street, Santa Monica;
(10) Structure No. 10, located in the 1100 block of 3rd Street, Santa Monica;
(11) The Ken Edwards Center parking structure, located at 1527 4th Street,
Santa Monica;
(12) Main Library Parking Structure, located at 601 Santa Monica Boulevard,
Santa Monica;
(13) Civic Center Parking Structure, located at 333 Olympic Drive, Santa Monica.
SECTION 39. Resolution No. 6102 (CCS), A Resolution Of The City Council Of
The City Of Santa Monica Setting Forth The Fees To Be Charged For Loading And
Limited Parking Zones, adopted on October 14, 1980, is hereby repealed.
SECTION 40. 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.
&I:3
SECTION 41. 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 42. 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:
MA HA JO S MOUT IE
City Attorney
KE
Approved and adopted this 24th day of July, 2012.
/7-
Ri lard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
f, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2403 (CCS) had its introduction on July 10, 2012,
and was adopted at the Santa Monica City Council meeting held on July 24,
2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: Shriver
A summary of Ordinance No. 2403 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City CI rk