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O2491City Council Meeting: August 25, 2015 Santa Monica, California ORDINANCE NUMBER29((/ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE III,. CHAPTERS 3.06 (CAR SHARE), 3.12 (TRAFFIC REGULATIONS), AND 3.20 (BIKE SHARE) TO ACCOMMODATE CITY -SPONSORED BIKE SHARE AND CAR SHARE PROGRAMS AND MODIFY TRAFFIC REGULATIONS RELATING TO PERMIT PARKING IN FRONT OF COMMERCIAL DRIVEWAYS WHEREAS, the City of Santa Monica (the "City") has established goals in the Land Use and Circulation Element and the Sustainable City Plan to reduce congestion and GHG emissions that harm air quality and contribute to global warming; and WHEREAS, the strategy for reducing vehicle trips and vehicle miles traveled (VMT) includes encouraging all members of the Santa Monica community to take more trips using bicycles and to reduce car ownership through providing alternative transportation solutions; and WHEREAS, on November 11, 2014, the City Council of the City of Santa Monica (the "City Council") selected CycleHop, LLC, as the City's operator to install and operate a "smart bike" bike share system including stations with racks that are designated for the exclusive use of the bike share system; and 1 WHEREAS, the City -owned Breeze bike share system is scheduled to be launched in 2015 with 500 bicycles and 1,000 racks at more than 75 locations citywide; and WHEREAS, the City requires enforcement tools to remove unauthorized bicycles from bike share station racks and ensure compliance with City regulations governing use of the City's bike share system and the City's right of way; and WHEREAS, the current Municipal Code provisions for car share assumed only the use of on -street parking spaces and the City wishes to initiate a car share program that will be inclusive of both on -street and off-street parking spaces; and WHEREAS, in recognition of the continuing need for businesses to provide parking to meet their needs, the City desires to restore previous language allowing angled tandem parking for commercial uses that blocks a driveway at appropriate locations based on the predominant parking pattern on the block. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.06 of Article III of the Santa Monica Municipal Code is hereby amended as follows: Chapter 3.06 CAR SHARE E 3.06.010 Purpose. The car share permit requirements established in this Chapter are intended to promote sustainable and diverse transportation practices, alleviate traffic congestion, manage the utilization of parking resources, particularly in areas that will maximize the use of car share vehicles, and thereby improve traffic and parking circulation. 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 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. K 3.06.030 Designation of car share parking spaces. The Director of Planning and Community Development, or designee, is authorized in accordance with the purposes of this Chapter to designate parking spaces by signs or markings upon which parking is reserved for the exclusive use of car share vehicles. 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. 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 2. Chapter 3.12 of Article III of the Santa Monica Municipal Code is hereby amended as follows: CI 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 in the street in front of the driveway of that commercial property. 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) A scaled and dimensioned layout of parking requested in the public right- of-way showing each proposed space or spaces at least twenty.feet in length if parallel to the curb and eighteen feet in length if designed in another manner; 5 (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. 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. The sign(s) shall be placed on the subject property in a location visible to the public. days. (7) Processing. Once complete, applications shall be processed within thirty C SECTION 3. Chapter 3.20 is hereby added to Article III of the Santa Monica Municipal Code as follows: CHAPTER 3.20 BIKE SHARE 3.20.010 Bike Share Defined. Bike Share is a public service provided by the City of Santa Monica in which bicycles and bicycle storage facilities are made available for shared use to individuals on a short term basis. 3.20.020 Bike Share System Defined. Bike share system as used in this Chapter shall mean the system of bicycles, bicycle racks and kiosks owned by the City of Santa Monica and operated as part of the City's bike share program. 3.20.030 Prohibitions Regarding Private Use of Bike Share Facilities. (a) No person shall park or leave standing any bicycle that is not part of the City's bike share system at, on, or within any bike rack that is part of the City's bike share system. (b) Any bicycle that is not part of the City's bike share system parked or left standing at a bike rack that is part of the City's bike share system may be removed and impounded. The owner of the bicycle that is removed and impounded shall be responsible for any fees in connection with such removal and impounding. City shall have no liability for loss or damage to locks and other personal items that are attached to a bicycle that is removed because parked or left standing at a bike rack that is part of the City's bike share system. 7 (c) No privately owned and/or commercially operated bicycle facilities other than the City's designated bike share operator may be stationed in the City's right of 3.20.035 Bike Share Fees. Bike Share fees and regulations governing use of the City's bike share system may be established and changed, from time to time, by resolution of the City Council. 3.20.045 Payment of Bike Share Fees. No person shall use a bicycle that is part of the City's bike share system without payment of fees adopted by resolution of the City Council. 3.20.160 Prohibited activities. No person shall violate a regulation governing use of the City's bike share system, or engage in any sports or recreational activity with any bike share bicycle that endangers public health or safety or threatens injury to persons, or damage to property, ncluding, without limitation, the City's bike share system. 3.20.200 Penalties. (a) Any person who violates any provision of this Chapter shall be guilty of an infraction with a penalty amount of $50.00. Additionally, if a bicycle that is not part of the City's bike share system is impounded, its owner shall be required to pay a release fee to recover the cost of impounding and storage of the bicycle. (b) Any person who violates any provision of 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 4. 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 5. 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 6. 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 after its adoption. APPROVED AS TO FORM; 4c MAR,8HAJ0f MOUTR City At orney�� 9 Approved and adopted this 25th day of August, 2015. �L— At.. 04U,--, Kevin McKeown, 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. 2491 (CCS) had its introduction on July 28, 2015, and was adopted at the Santa Monica City Council meeting held on August 25, 2015, by the following vote: Ayes: Councilmembers: Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tem Vazquez Noes: Councilmembers: None Absent: Councilmembers: Davis A summary of Ordinance No. 2491 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Sarah P. Gormah, City Clerk