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SR 01-23-2024 10C City Council Report City Council Meeting: January 23, 2024 Agenda Item: 10.C 1 of 6 To: Mayor and City Council From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Introduction and First Reading 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: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 3.12.900 on overnight parking permits for oversized vehicles. Summary To deter the proliferation of oversized vehicles (OVs) from using the public right of way for long-term parking, staff recommends amending Santa Monica Municipal Code (SMMC) section 3.12.900 as follows: (1) require that the oversized vehicle be parked within a two-block radius of the permitted Santa Monica resident’s address; (2) limit the duration of an oversized vehicle permit for a non-Santa Monica resident to seven days per month; and (3) authorize certain City staff to adopt administrative regulations that are consistent with the ordinance and authorize the Santa Monica Police Department to enforce such administrative regulations. Discussion In 1975, the Council adopted Ordinance 988 (CCS) (similar to the current SMMC section 3.12.900), which defined OVs and established a permitting process 10.C Packet Pg. 849 2 of 6 (administered by the Chief of Police or his/her representative) for non-commercial OVs to park in the public right of way (ROW) during overnight hours. This ordinance established the definition of an oversized vehicle as any vehicle that “together with all fixtures, accessories or property with the exception of single post radio antennas, measures more than eight feet in width, or eight feet in height, or twenty feet in length.” The duration of the permit was established as two 24-hour periods with not more than three permits in any 30 days for one resident. In 2012, the Council adopted Ordinance 2403 (CCS), which built upon Ordinance 988 (CCS) and established SMMC section 3.12.900 (Overnight parking permits for oversized vehicles). Ordinance 2403 removed the “Chief of Police” language and replaced it with “City” allowing departments/divisions other than the Police Department (such as the Parking Division) to issue OV permits. Ordinance 2403 also clarified that the OV permit is for “non-commercial passenger vehicles, as defined by the Vehicle Code, which together with all fixtures, accessories or property with the exception of single post radio antennas, measures more than eight feet in width, or eight feet in height, or twenty feet in length.” In 2013, the Council adopted Ordinance 2416 (CCS) removing the two 24-hour permit periods, and three maximum permits for a 30-day period, allowing residents to obtain consecutive 30-day permits. Under SMMC section 3.12.900, City residents can obtain a 30-day OV permit free of charge and renew these permits every 30 days. There is no requirement for the vehicle to be registered to a resident, only that the permit be issued to a resident. This itself leads to potential abuse of the program from residents who can assist any non-resident of the City seeking free OV storage. At any given time, there are roughly 45 to 50 active OV permits in the City granted under the SMMC section 3.12.900. These OVs are parked throughout the City in the right of way (ROW), mostly on residential streets. They consist of full-size recreational vehicles (RVs) and smaller (but still oversized) “sprinter” vans. 10.C Packet Pg. 850 3 of 6 The Santa Monica Police Department’s (SMPD) Parking Enforcement Division has observed low parking turnover of permitted OVs parked on streets with lesser parking restrictions (i.e., streets not regulated by preferential parking). OVs are generally not used as a primary form of transportation and are often stored on the ROW and moved to avoid parking citations for street sweeping once a week. The Department of Transportation (DOT) Parking Division and SMPD receive several complaints per month regarding some of these oversized vehicles. Resident complaints generally consist of the following: • OVs taking up additional parking in areas where street parking is in high demand. • Limited parking availability and infrequent parking turnover of OVs. • Vehicles are not being parked in the vicinity of where the permitted resident lives. • OVs being used for storage of personal belongings. • OV owners frequently choose wider residential streets with more available parking and not near the permitted resident’s address. City staff is proposing amending SMMC section 3.12.900 to deter OVs from continuously using the ROW for long-term parking/storage. These proposed amendments will support on-street parking availability. In addition, the amendment will create a more equitable system of granting these permits, prevent the potential sale of these permits, and more equitably manage the use of the ROW. PROPOSED CHANGES Two Block Radius for Oversized Vehicle Permits The first proposed SMMC amendment is to add a two-block radius restriction for OVs. Under this amendment, the permitted oversized vehicle must be parked within two blocks of the address of the permitted resident. This aligns with the City’s preferential parking permit policy, wherein a permitted regular-sized vehicle must be parked within two blocks of the permit holder’s address in a preferential parking permit zone. This 10.C Packet Pg. 851 4 of 6 amendment would prohibit individuals from abusing this permit and parking/storing their oversized vehicle anywhere in the City. 7-Day Permit for Visitor Oversized Vehicles (for Non-Resident Registered Vehicles) The second proposed amendment is to limit visitor oversized vehicle permits to 7 days per every 30 days for visiting OVs. Currently, the code is written to allow one permit every 30 days with no limit on the length of the permit, and there is no requirement that the owner of the vehicle be a resident of the City, only that the permit holder must be a resident. Therefore, a resident can obtain a permit for a non-resident. This was intended to be used by residents expecting out-of-town visitors with an OV, enabling the visitors to park their OV in the ROW while visiting. However, several people have openly informed Parking Division permitting staff that they seek and obtain “sponsors” (people who are residents and obtain OV permits for non-residents), and the sponsors obtain OV permits for non-residents every 30 days. Parking Division and SMPD staff frequently receive complaints, but an amendment to the language of SMMC section 3.12.900 is needed to address the issue. The proposed amendment would require that the duration of an OV permit for a non- resident’s oversized vehicle be limited to seven consecutive days per month instead of 30 days. This would align usage with more of a visitor model. The length of the permit (not the resident/non-resident status) is similar to regulations in the City of Los Angeles and Culver City, which both allow 3-day maximum length permits. It is also similar (in length) to the original Santa Monica ordinance that allowed 6 consecutive days for OV parking (3 consecutive 2-day permits). A Santa Monica resident would still be able to obtain a 30-day oversized vehicle permit for their own oversized vehicle. Authorize Designated City Staff to Establish Administrative Regulations The third proposed amendment authorizes the City Manager or his/her designee to adopt administrative regulations that are consistent with the ordinance and authorizes SMPD to enforce such administrative regulations. This will allow minor changes and 10.C Packet Pg. 852 5 of 6 adjustments to be made at the staff level. Similar administrative regulation authorization language can be found in the preferential parking zone ordinance. Environmental Review The amendments to the SMMC on oversize vehicle parking are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The amendments would make programmatic changes to the oversized vehicle parking permit process. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Past Council Actions Meeting Date Description 1/17/1975 Original ordinance #988 establishing oversized vehicle regulations including the two 24-period permit and 3 maximum permits per 30-day period. 07/24/2012 Ordinance #2403 amending oversized vehicle regulations by changing “Chief of Police” as the issuing body to “City”. 02/26/2013 Ordinance #2416 amending oversized vehicle regulations to remove the two 24-hour maximum permit limits to a single 30-day permit. 09/11/2018 Ordinance #2587 amending the oversized vehicle ordinance but making no noticeable changes. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. 10.C Packet Pg. 853 6 of 6 Prepared By: Zach Pollard, Parking Manager Approved Forwarded to Council Attachments: A. Ordinance 988 B. Ordinance 2403 C. Ordinance 2416 D. Ordinance 2587 E. Oversized Vehicle Amendment Ordinance A F. Written Comments G. PowerPoint Presentation 10.C Packet Pg. 854 CA 1II:SIS:JSt 1-17-75 Rev.4 e ORDINANCE NO.988 (CCS) City Council Ser~es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ~~ENDING SECTIONS 3374A AND 3374B OF THE SANTA MONICA MUNICIPAL CODE AND ADDING SECTION 3374D TO THE SANTA MONICA MUNICIPAL CODE PERTAINING TO THE PARKING OF LARGE VEHICLES IN RESIDENTIAL DISTRICTS DURING NIGHTTIME HOURS. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Sect~on 3374A of the Santa Monica MunlClpal Code is hereby amended to read as follows: Sect~on 3374A. PARKING OF LARGE VEHICLES IN RESIDENTIAL DISTRICTS. No person shall park any vehicle between the hours of 2:00 a.m. and 6:00 p.m. on a pub11C street or alley in a resldent~al dlstrlct as established by Art~cle IX of this Code, any part of WhlCh veh~cle, together wlth all flxtures, accessor~es or property with the except~on of single post radio antennas, measures more than eight (3) feet ln width, or elght 8) feet ln he1ght, or twenty (20) feet in length, unless such person shall have a permit therefor, and ln no event for a period exceeding two twenty-four (24) hour periods. SECTION 2.Sectlon 3374B of the Santa Monlca Munic1pal Code 1S hereby amended to read as follows: Sect~on 3374B. PARKING OF LARGE VEHICLES IN CO~lliffiRCIAL AND INDUSTRIAL DISTRICTS. Durlng the hours of darkness as defined ~n the Vehicle Code, no person shall park a vehicle on a publ1C street or alley in a commerclal or lndustr2al distr2ct as establlshed by Article IX of thlS Code, any part of which, together w~th all fixtures, accessories or property w~th the 1- 10.C.a Packet Pg. 855 Attachment: Ordinance 988 (6129 : Oversized Vehicle Municipal Code Updates) CA ~SIS:Jst 1-17-75 Rev. 4 e exception of s~ng1e post radio antennas, measures more than eight {8} feet in w~dth, or eight (8) feet ~n helght, or twenty 20) feet ~n length. SECTION 3. Sectlon 3374D is hereby added to the Santa Monica Munlcipal Code to read as follows: Section 3374D. OVERNIGHT PARKING PERMITS. Overnlght parking permits may be issued by the Chlef of Pollce, or his representative, upon applicatlon of any person therefor, and subJect to the following provisions: a. Each application for an overolght street parking permit shall be flIed wlth the Chief of Pol~ce or hlS lA- 10.C.a Packet Pg. 856 Attachment: Ordinance 988 (6129 : Oversized Vehicle Municipal Code Updates) IS:4It:PP 12-20-74 Rev. 3 representative, upon a form to be furnished by the City. b. Each such application shall set forth: 1) The name, residence, and tele- phone number of the applicant; 2) The license number, make, model and type of vehicle for which such permit is requestedi 3) The name and current address of the registered owner of said veh~cle; 4) The dates for WhlCh the permit 15 requested. Such dates shall consist of two twenty-four (24) hour periods, to commence 1n all cases at 6:00 p.m., and to end in all cases, at 6:00 p.m. the followlng day; 5) Such additional ~nformation as the Chief of Pollce or his representative may require; 6) A statement that applicant de- clares under penalty of perJury that all statements in the ap- plication are true; 7) The slgnature of the applicant. c. Upon the filing wlth the Chief of Police or his representative of the applicatlon, he may make such investi- gatlon thereof as he deems necessary or advisable in order to determine whether such a permlt should be issued. A street parking permit shall be issued in a form designated by the Chief of Police, or his representatlve, specifying the twenty-four (24) hour per- iods for which it is valld. Such perm~t shall be issued only for a non-commercial passenger vehlcle, as defined 2- 10.C.a Packet Pg. 857 Attachment: Ordinance 988 (6129 : Oversized Vehicle Municipal Code Updates) 518:1: pp 12-20-74 Rev. 3 e by the California Vehlcle Code, which together with any flxtures/ accessorles or property,except single post radio antennas, exceeds a width of eight (8) feet, a height of elght (8) feet, or a length of twenty (20) feet, but in no event shall such a permlt be issued where, upon investigation, lt is determ~ned by the Chlef of Pol~ce, or his representative, that to permit nighttime parklng of the vehicle for which the application is made would constitute a haz- ard to pedestrians, vehicular trafflc or the enforcement of the law by the Pol~ce Department. This permit will allow overnight parklng only in residential areas. d. The parking permit issued under this ordinance shall be vlsibly affixed to the ~nslde-lower edge of the rear window, if this w~ndow is clear glass. If it is not clear, the permit shall be affixed to the lower edge of the rear-most clear window on the street side of the oversized veh- icle. The permlt shall not be effective unless it is so affixed. If permit lS issued for a trailer, the permit shall be displayed as above and not on the tow vehlcle. Should the tow veh~cle also be oversized, it shall require a separate permit to be displayed as above. Permlt must be d~splayed on the vehicle for WhlCh 2t was lssued, and perm~t must be vislble from outslde the vehicle. e. No more than three (3) such permits may be issued in any thirty (3D) day period for the parking of an oversized vehicle at a single res~dence address. f. No permit issued pursuant to this section shall be construed as waiving compliance with any parking law, regulation or ordinance except for the temporary rel~ef from the provisions of Section 3374A SMMC stated herein. 3- 10.C.a Packet Pg. 858 Attachment: Ordinance 988 (6129 : Oversized Vehicle Municipal Code Updates) 10.C.a Packet Pg. 859 Attachment: Ordinance 988 (6129 : Oversized Vehicle Municipal Code Updates) 10.C.a Packet Pg. 860 Attachment: Ordinance 988 (6129 : Oversized Vehicle Municipal Code Updates) City 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 1 10.C.b Packet Pg. 861 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 2 10.C.b Packet Pg. 862 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 3 10.C.b Packet Pg. 863 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 0 10.C.b Packet Pg. 864 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 5 10.C.b Packet Pg. 865 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 11 10.C.b Packet Pg. 866 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 7 10.C.b Packet Pg. 867 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 10.C.b Packet Pg. 868 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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] 10.C.b Packet Pg. 869 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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- 10 10.C.b Packet Pg. 870 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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; 11 10.C.b Packet Pg. 871 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 12 10.C.b Packet Pg. 872 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 13 10.C.b Packet Pg. 873 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 14 10.C.b Packet Pg. 874 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 15 10.C.b Packet Pg. 875 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 876 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 17 10.C.b Packet Pg. 877 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 10.C.b Packet Pg. 878 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 19 10.C.b Packet Pg. 879 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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, 20 10.C.b Packet Pg. 880 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 21 10.C.b Packet Pg. 881 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 22 10.C.b Packet Pg. 882 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 23 10.C.b Packet Pg. 883 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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: 24 10.C.b Packet Pg. 884 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 25 10.C.b Packet Pg. 885 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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; 10.C.b Packet Pg. 886 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 27 10.C.b Packet Pg. 887 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. W 10.C.b Packet Pg. 888 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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; 29 10.C.b Packet Pg. 889 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 10.C.b Packet Pg. 890 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 31 10.C.b Packet Pg. 891 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 892 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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: 33 10.C.b Packet Pg. 893 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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. 34 10.C.b Packet Pg. 894 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 895 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 896 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 897 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 898 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 899 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.b Packet Pg. 900 Attachment: Ordinance 2403 (6129 : Oversized Vehicle Municipal Code Updates) City 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 1 10.C.c Packet Pg. 901 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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 K 10.C.c Packet Pg. 902 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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; 3 10.C.c Packet Pg. 903 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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 0 10.C.c Packet Pg. 904 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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; 5 10.C.c Packet Pg. 905 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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. fi 10.C.c Packet Pg. 906 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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: 7 10.C.c Packet Pg. 907 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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 I 10.C.c Packet Pg. 908 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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: RI 10.C.c Packet Pg. 909 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 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: Sarah P. Gorman, City Clerk 10.C.c Packet Pg. 910 Attachment: Ordinance 2416 (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 911 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 912 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 913 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 914 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 915 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 916 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 917 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 918 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 919 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 920 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 921 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 922 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 923 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 924 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 925 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 926 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 927 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 928 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 929 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 930 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 931 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 932 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 933 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 934 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 935 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 936 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 937 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 938 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 939 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 940 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 941 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 942 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 943 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 944 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 945 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 946 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 947 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 948 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 949 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 950 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 951 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 952 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 953 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 954 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 955 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 956 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 957 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 958 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 959 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 10.C.d Packet Pg. 960 Attachment: Ordinance 2587 [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 1 City Council Meeting: January 23, 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: 10.C.e Packet Pg. 961 Attachment: Oversized Vehicle Amendment Ordinance A [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 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 10.C.e Packet Pg. 962 Attachment: Oversized Vehicle Amendment Ordinance A [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 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 in any thirty-day a one month period for parking of an oversized vehicle registered to a Santa Monica resident. at a single residence address. (eg) 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. (fh) 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. 10.C.e Packet Pg. 963 Attachment: Oversized Vehicle Amendment Ordinance A [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 4 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 10.C.e Packet Pg. 964 Attachment: Oversized Vehicle Amendment Ordinance A [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 1 Xavier Mota From:hordes_lab0k@icloud.com Sent:Monday, January 22, 2024 4:01 PM To:councilmtgitems Subject:January 23, 2024 - Agenda Item 10.C - OPP OV EXTERNAL  Greetings ‐   I am a resident of Santa Monica.   With only 45‐50 OPP oversize vehicles ("OVs") Permits being issued in a city with how many vehicles parking overnight  (?), I question whether this is really an issue that needs to be addressed, or whether there are some personal concerns  here that are being pushed to the forefront. To that end, "Observations" noted in the staff report should be backed up  by support and evidence which is disclosed. "Complaints" noted in the staff report should be backed up by support and  evidence which is disclosed.  Nonetheless:  If residents with OVs had reasonable and convenient options other than parking their vehicles in the public ROW they  would. Many renters and condo owners do not have options. Pretty much only those with private driveways and large  garages do have the option of not parking in the public ROW. And so, in a way, some of the proposals seem  economically discriminatory.  (BTW, payroll the alleys of SFRs and you will find an abundance of OVs parked in such a  way that they encroach the public ROW in the alleys.)    The two block radius is onerous, given the nature of oversize vehicles ("OVs"). It is often difficult to find a parking spot  that accommodates a vehicle of the length of some OVs within two blocks of the address of the permitted resident.  Please be more generous and extend the area, perhaps to within a six block radius. (I understand and agree with the  reasoning for not continuing to allow for city‐wide OP.) Also, doing so will minimize the need for the operator of the OV  to drive around looking for an adequate size parking spot within a two block radius, thereby reducing air pollution,  congestion, possibilities of accidents/incidents. Believe me when I say that residents with OVs prefer to park their OV as  close to home as possible, and will not abuse a larger than two block radius rule.  The 7‐day permit for visitors should allow for exceptions. If my elderly parents drive cross country to visit with their new  grandchild they should be allowed to stay for more than 7 days.  As the Supreme Court looks at regulations propagated by administrative agencies,  we should be concerned about how  open‐ended, vague, and ambiguous is the proposal to authorize "Designated City Staff to Establish Administrative  Regulations."  Thank you for your attention and consideration.   "Complaints" noted in the staff report should be backed up by support and evidence which is disclosed.  ITEM 10.C. January 23, 2024 ITEM 10.C. January 23, 2024 10.C.f Packet Pg. 965 Attachment: Written Comments [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) 1 Xavier Mota From:Peterson Loftin <peterson.loftin@gmail.com> Sent:Tuesday, January 23, 2024 12:01 PM To:councilmtgitems Subject:Support of Item 10C from 1/23/24 Agenda EXTERNAL  City Council,  I am a citizen of Santa Monica currently residing at 404 Georgina Avenue.  I am writing to voice my support for the proposed changes to the permitting process for oversized vehicles in Santa  Monica.  The two‐block rule, the 7‐day limit on non‐resident registered vehicles, as well as granting the city staff the  ability to establish administrative regulations, are all very welcome changes.    Thank you,  Peterson Loftin  To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. ᐧ ITEM 10.C. January 23, 2024 ITEM 10.C. January 23, 2024 10.C.f Packet Pg. 966 Attachment: Written Comments [Revision 1] (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates prepared by the SMDOT Parking Division and theSanta Monica Police Department 10.C.g Packet Pg. 967 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates Defines and Oversized Vehicle as 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” Any resident can obtain a free 30-day permit every 30 days. Vehicle doesn’t have to be registered to a Santa Monica address. Vehicle can park anywhere in the City in the ROW subject to other regulations. 45 to 50 active permits Existing SMMC 3.12.900 “Overnight Parking Permits for Oversized Vehicles”10.C.g Packet Pg. 968 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates Parking and Police staff 20 to 25 complaints a month regarding the following issues: Oversized Vehicles (OVs) occupy high demand parking areas Limited parking availability and infrequent turnover of OV Parking OVs not parked in vicinity of where permitted resident lives Non-residents of Santa Monica can obtain unlimited free storage of OVs Complaints Received and Problems with Existing SMMC 3.12.900 10.C.g Packet Pg. 969 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates Require OVs to be parked within a 2-block radius of the resident’s address. (matches Preferential Parking 2-block requirement) Limit the OV permit for a non-resident of Santa Monica to 7 days maximum per month Authorize the City Manager or his or her designee to adopt further administrative regulations as needed (Similar as the preferential parking ordinance) Proposed changes to SMMC 3.12.900 10.C.g Packet Pg. 970 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates prepared by the SMDOT Parking Division and theSanta Monica Police Department Questions? 10.C.g Packet Pg. 971 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates prepared by the SMDOT Parking Division and theSanta Monica Police Department Website Explains How to Stay in Santa Monica For Free in Your RV weroamawayfromhome.com 10.C.g Packet Pg. 972 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates prepared by the SMDOT Parking Division and theSanta Monica Police Department Examples of Email Complaints Received from Residents.10.C.g Packet Pg. 973 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates prepared by the SMDOT Parking Division and theSanta Monica Police Department Examples of Email Complaints Received from Residents.10.C.g Packet Pg. 974 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates) Item 10.C Oversized Vehicle Municipal Code Updates prepared by the SMDOT Parking Division and theSanta Monica Police Department Preferential Parking Zones 10.C.g Packet Pg. 975 Attachment: PowerPoint Presentation (6129 : Oversized Vehicle Municipal Code Updates)