O2416City Council Meeting: February 26, 2013 Santa Monica, California
ORDINANCE NUMBER Z`( /(n (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.04.050 RELATING TO PAYMENT FOR PARKING, ADDING
SECTION 3.12.905 RELATING TO TEMPORARY NO PARKING PERMITS, 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
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 and regulates on-
street stopping, parking, and standing of vehicles; and
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WHEREAS, certain existing laws regulating parking do not promote public
welfare, because they do not adequately address present traffic and parking conditions
in the City, including the circumstances under which temporary exclusive use of on-
street parking areas is appropriate to facilitate traffic and parking circulation; instead,
these existing laws create confusion, hinder compliance, impair enforcement efforts,
and adversely impact traffic and parking circulation; and
WHEREAS, based on the foregoing, it is necessary to add and amend sections
of the Municipal Code relating to parking in order to: better regulate traffic and parking
circulation throughout the City; ensure adequate parking availability for residents,
workers, and visitors; prevent traffic congestion and hazardous traffic conditions; and
promote compliance and facilitate more efficient and effective notice and enforcement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.04.050 is hereby amended
to read as follows:
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
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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
payment, the receipt must be visibly displayed on the vehicle as instructed by the
posted signage. No person shall exit a public parking lot without payment of the
applicable parking fee at the onsite Pay Machine for the time that the person's vehicle
was parked in the public parking lot.
(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.
SECTION 2. Santa Monica Municipal Code Section 3.12.900 is hereby amended
to read as follows:
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;
(2) The license number, make, model, and type of vehicle for which an
overnight parking permit is requested;
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(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 commence in
all cases at six p.m.;
(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 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 periods for which
it is valid. Such permit shall be issued only for a noncommercial 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 one overnight parking permit 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
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waive compliance with any other applicable parking law, regulation or ordinance.
SECTION 3. Santa Monica Municipal Code Section 3.12.905 is hereby added to
read as follows:
3.12.905 Temporary Parking Permits.
(a) The City may issue Temporary Parking Permits on a first -come first - served
basis for the temporary exclusive use of on- street parking areas for activities that are
directly related to the adjacent property and that cannot otherwise be accommodated
through on- street or off - street parking on or near the adjacent property. Such activities
for which a Temporary Parking Permit may be issued include:
(1) Moving into or out of the adjacent property;
(2) Active loading or unloading of materials to and from the vehicle and the
adjacent property;
(3) Providing goods or services to ongoing permitted activities at the adjacent
property; and
(4) Providing goods or services to activities at the adjacent property.
(b) Temporary Parking Permits are permitted only for the temporary parking of a
vehicle that has two or more wheels and that is able to move under its own power or
that may be towed or pushed. Temporary Parking Permits may not be used for the
temporary location of stationary objects.
(c) A Temporary Parking Permit may be issued under the following procedure:
(1) Each Temporary Parking Permit application shall be in a form provided by the
City and must be completed in full and filed with the City, and accompanied by payment
of the applicable permit fees;
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(2) Prior to issuance of a Temporary Parking Permit, the Director of Planning and
Community Development, or his or her designee, may make such investigation as he or
she deems necessary to determine whether a permit should be issued. The Director of
Planning and Community Development, or his or her designee, shall deny issuance of a
Temporary Parking Permit if the requirements of this Chapter and all applicable laws
and regulations have not been met; if the application contains incomplete, false or
misleading information; if the requested area or time for the Temporary Parking Permit
is in a zone or during a time that prohibits stopping, parking or standing of the type of
vehicle being proposed; or if it is determined that issuance of the permit would unduly
interfere with or constitute a hazard to vehicular or pedestrian movement, governmental
functions or City services and operations, or enforcement of applicable law, rules or
regulations.
(3) Upon approval of the application and issuance of a Temporary Parking
Permit, the permit holder shall follow all City regulations for the posting of appropriate
temporary no parking signage designating the area(s) of temporary parking for the
exclusive use of the permit holder.
(4) A Temporary Parking Permit is valid for no longer than necessary to support
the duration of the related activities occurring at the adjacent property.
(d) The applicable fees for a Temporary Parking Permit shall be adopted by
Council resolution.
(e) In the event that a Temporary Parking Permit is issued for an area that
includes on- street parking meter spaces, the permit holder shall pay the applicable
parking meter rates for the duration of the permit.
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(f) A Temporary Parking Permit issued pursuant to this Section does not waive
compliance with any other applicable law, rule or regulation.
SECTION 4. 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:
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(1) Structure No. 1, located at 1234 4th Street, Santa Monica;
(2) Structure No. 2, located at 1235 2nd Street, Santa Monica;
(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 the northwest corner of 4th Street
and Civic Center Drive.
SECTION 5. 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.
SECTION 6. 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
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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 7. 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:
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Approved and adopted this 26th day of February, 2013.
Pam O'Connor, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2416 (CCS) had its introduction on February 12,
2013, and was adopted at the Santa Monica City Council meeting held on
February 26, 2013, by the following vote:
Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor O'Connor, Mayor Pro Tern O'Day
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2416 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
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Sarah P. Gorman, City Clerk