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O2178 f:\atty\muni\laws\barry\parkingpermits-12d. doc City Council Meeting 3-14-06 Santa Monica, California ORDINANCE NUMBER 2178 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 3.10 TO THE SANTA MONICA MUNICIPAL CODE TO AUTHORIZE THE ISSUANCE OF PREFERENTIAL PARKING PERMITS FOR CERTAIN SPECIFIED BUSINESSES WHEREAS, Vehicle Code Section 22507 authorizes local government to designate certain streets upon which preferential parking privileges are given to residents and/or merchants adjacent to the streets for their use and the use of their guests; and WHEREAS, this statutory provision gives the power to local authorities to prohibit or restrict parking and to adopt provisions in their preferential parking program that are reasonable and necessary to ensure that the programs are effective in addressing local parking problems; and WHEREAS, the City has established preferential parking zones for residents pursuant to Chapter 3.08 of the City's Municipal Code; and WHEREAS, on-street parking can support the vitality of neighborhood commercial districts and the businesses therein by providing places for employees to park; and WHEREAS, various factors, including the City's age and diversity, regional growth, and increased automobile ownership and usage have increased demand for on-street 1 parking in much of the City so that the City Council has found it necessary to regulate on- street parking by means of charging fees for the use of spaces, establishing parking time- limits and restricting non-residents' use of on-street parking spaces; and WHEREAS, once preferential parking zones have been implemented to prevent non-resident parkers from substantially interfering with the ability of residents to park in their neighborhoods, there remain some blocks within these zones that have residual parking resources not required by residents; and WHEREAS, a limited number of permits could be sold for each block within an established preferential parking zone where there is a residual resource after regulations have be implemented, so that businesses can continue to benefit from employee parking on the public streets, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.10 is hereby added to the Santa Monica Municipal Code to read as follows: Chapter 3.10 PREFERENTIAL PARKING FOR EMPLOYEES OF BUSINESSES 3.10.010. Preferential Parking for Businesses. Subject to the eligibility requirements established in Section 3.10.020 and any administrative guidelines established thereto, a business with legal non-conforming on-site 2 parking located within a fifteen hundred (1500) foot radius of one ofthe blocks specified in this Section below may be issued preferentia I parking permits by the Transportation Management Division. Total # of Block permits 10th St. b/w Pico and Michigan 8 10th St. b/w Pico and Bay 2 11 th St. b/w Pico and Bay 2 11 th St. b/w Bay and Grant 2 1000 Bay Street b/w 10m and 11 m 3 1100 Bay Street b/w 11 m and Euclid 3 TOTAL 20 3.10.020. Requirements for Permits. After the receipt of a complete application, the Transportation Management Division may issue preferential parking permits to a qualified business located in a preferential parking district subject to: 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' agreement to share its off-street parking with other businesses in the area to the extent feasible consistent with local law; and the payment of the requisite permit fee. No business 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 have a fair opportunity to obtain a permit. Administrative guidelines may be established to provide additional requirements consistent with this Chapter, including the conduct and timing of the lottery, the application submittal date, the number of permits that will be issued to 3 individual qualifying businesses, and guidelines for the use of the permits. Permit holders who violate this Chapter or program guidelines 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 9 a.m. to 6 p.m. weekdays. The permit holder must be an employee of the business that is issued the preferential parking permit. 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. Subject to Section 3.10.060 of this Chapter, permits shall be valid for three months and reissued quarterly to permittees in good standing. 3.10.060. Sunset. No preferential parking permit shall be issued or renewed after May 2007 unless this Ordinance is amended to authorize the issuance or renewal of preferential parking permits after this date. Prior to that date, City staff shall provide a report to the City Council 4 reviewing the performance of the program, including some observations of occupancy on each block with on-street parking permits, information on program revenue and cost, and a summary of complaints and comments from residents, employees and businesses. 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 adecision 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 5 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 6 Approved and adopted this 14th day of March, 200 . ~ (' ()'-'>. T em Shriver State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2178 (CCS) had its introduction on February 28, 2006, and was adopted at the Santa Monica City Council meeting held on March 14, 2006, by the following vote: Ayes: Council members: Bloom, Katz, McKeown, Mayor Pro Tam Shriver Noes: Council members: None Abstain: Council members: O'Connor Absent: Council members: Mayor Holbrook, Genser ATTEST: .~ City Clerk 7