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SR 02-13-2024 5F City Council Report City Council Meeting: February 13, 2024 Agenda Item: 5.F 1 of 1 To: Mayor and City Council From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 3.12.900 on Overnight Parking Permits for Oversized Vehicles Recommended Action Staff recommends that the City Council adopt the attached Ordinance. Executive Summary At its meeting on January 23, 2024, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Section 3.12.900 on Overnight Parking Permits for Oversized Vehicles. The ordinance is now presented to the City Council for adoption. Prepared By: Bradley Michaud, Principal Legal Analyst Approved Forwarded to Council Attachments: A. ORD-Oversized Vehicle Overnight Parking 2d 5.F Packet Pg. 396 1 City Council Meeting: February 13, 2024 Santa Monica, California ORDINANCE NUMBER_______ (CCS) (City Council Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.900 TO ADOPT ADDITIONAL RESTRICTIONS ON OVERNIGHT PARKING PERMITS FOR OVERSIZED VEHICLES AND AUTHORIZE THE ADOPTION OF ADMINISTRATIVE REGULATIONS WHEREAS, in 1975, the City adopted an ordinance defining oversized vehicles and creating a permitting process to allow for the limited on-street parking of oversized vehicles on City streets; and WHEREAS, City staff states that there are roughly 45 to 50 active oversized vehicle permits in the City, consisting of full-size recreational vehicles and smaller (but still oversized) “sprinter” vans; and WHEREAS, City staff receives complaints regarding oversized vehicles being parked far from the residences of permittees, oversized vehicles infrequent turnover of oversized vehicle parking, and oversized vehicles being used for storage; and WHEREAS, the amendments in this ordinance and the promulgation of administrative regulations will help address many of the complaints received by City staff and encourage good use of the overnight parking of oversized vehicle permit process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 3.12.900 is hereby amended as follows: 5.F.a Packet Pg. 397 Attachment: ORD-Oversized Vehicle Overnight Parking 2d (6237 : Second Reading-Overnight Parking, Oversized Vehicles) 2 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, who must be a resident of the City of Santa Monica; (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 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 5.F.a Packet Pg. 398 Attachment: ORD-Oversized Vehicle Overnight Parking 2d (6237 : Second Reading-Overnight Parking, Oversized Vehicles) 3 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) A permitted oversized vehicle must park within a two-block radius, as described in the administrative regulations, of the residence of the permit holder. (f) No more than one overnight parking permit may be issued at a single residence address, and for no more than a one month period for an oversized vehicle registered to a Santa Monica resident. (g) No overnight parking permit may be issued for more than one consecutive seven-day period per month for an oversized vehicle registered to a non-Santa Monica resident. (h) An overnight parking permit issued pursuant to this Section does not waive compliance with any other applicable parking law, regulation or ordinance. (i) The City Manager or designee is authorized to develop and adopt administrative regulations that are consistent with the purposes of this Chapter. (j) The Police Department shall have the authority to enforce the administrative regulations established pursuant to this Chapter. 5.F.a Packet Pg. 399 Attachment: ORD-Oversized Vehicle Overnight Parking 2d (6237 : Second Reading-Overnight Parking, Oversized Vehicles) 4 (k) The City Council shall establish by resolution such fees as may be required for the review and processing of an overnight parking permit. 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. 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 thirty days after adoption. APPROVED AS TO FORM: ________________________ Douglas Sloan, City Attorney 5.F.a Packet Pg. 400 Attachment: ORD-Oversized Vehicle Overnight Parking 2d (6237 : Second Reading-Overnight Parking, Oversized Vehicles)