ITEM 8-D

City Council Meeting 9-11-90             Santa Monica, California

                          STAFF REPORT

TO:         Mayor and City Council

FROM:       City Attorney

SUBJECT:    Ordinance Adding Section 3238s to the Santa
            Monica Municipal Code To Establish Preferential
            Parking Zone S

      At its meeting  on  January  23,  1990,  the  City  Council
directed the City Attorney to prepare an ordinance establishing a
preferential parking  zone  on  16th  and  17th  Streets  between
Montana  Avenue  and Alta Avenue.  In response to this direction,
the accompanying ordinance has been prepared and is presented  to
the City Council for its consideration.

      The accompanying ordinance adds Section 3238s to the  Santa
Monica Municipal Code establishing Preferential Parking Zone S on
16th and 17th Streets between Montana  Avenue  and  Alta  Avenue.
Parking  in  Zone  S  will be prohibited for longer than one hour
between the hours of 9:00 a.m.  and  9:00  p.m.,  Monday  through
Saturday,  except  by permit.  All other provisions applicable to
preferential parking zones would apply.

      During the Council's deliberation on this  matter,  it  was
requested  that  staff  examine  1-hour  vs.  2-hour preferential
parking  restrictions,  and  also  the  availability  of  private
off-street  spaces.   Staff  retained  the  traffic  and  parking
consulting firm of CALTAP to conduct this study.

     Briefly, the study disclosed that during  the  peak  parking
period  between 11:00 am and 2:00 pm a 1-hour parking restriction
will result  in  the  displacement  of  a  few  vehicles  without
alternate  parking available.  However, a 2-hour restriction will
accommodate the parking demands in the area.

     The study also found  a  total  of  356  private  off-street
occupancy  and  determined  an average occupancy of about 75%, or
about a 25% availability rate.

     Therefore, although a minor shortage of parking will  result
by  the  implementation  of  a  1-hour parking restriction, staff
still recommends that the zone be adopted as recommended.

     An  initial  study  was  prepared  in  accordance  with  the
provisions  of  the  California Environmental Quality Act.  Based
upon  this  initial  study,  a  negative  declaration  has   been
prepared.   Both  documents  are attached to this Staff Report as
Exhibit A.  Notice of preparation of the negative declaration was
given in the manner required by law.

                         RECOMMENDATION

      It is respectfully recommended that:

      1.  The negative declaration be approved.

      2.  The accompanying  ordinance  be  introduced  for  first
reading.

PREPARED BY:  Robert M. Myers, City Attorney


                      ORDINANCE NUMBER ____

                      (City Council Series)

             AN ORDINANCE OF THE CITY COUNCIL OF THE
            CITY OF SANTA MONICA ADDING SECTION 3238S
              TO THE SANTA MONICA MUNICIPAL CODE TO
              ESTABLISH PREFERENTIAL PARKING ZONE S

      WHEREAS, the Parking and Traffic Engineer  has  received  a
petition  requesting establishment of a preferential parking zone
on 16th and 17th Streets between Montana Avenue and Alta  Avenue;
and

      WHEREAS, the petition has been verified  to  be  signed  by
residents  living  in two-thirds of the dwelling units comprising
not less than fifty percent (50%) of the  developed  frontage  of
the proposed preferential parking zone; and

      WHEREAS, the Parking and Traffic  Engineer  has  undertaken
such  studies and surveys deemed necessary to determine whether a
preferential parking zone should be designated in the area; and

      WHEREAS, the City Council is satisfied  that  the  proposed
area  meets  the designation criteria set forth in Municipal Code
Section 3232A,

      NOW, THEREFORE, THE CITY  COUNCIL  OF  THE  CITY  OF  SANTA
MONICA DOES ORDAIN AS FOLLOWS:

      SECTION 1.  Section 3238s is  added  to  the  Santa  Monica
Municipal Code to read as follows:

                 Section 3238s.  Preferential Parking
           Zone S.

                  (a)   The   following   named   and
           described   area  within  the  City  shall
           constitute Preferential  Parking  Zone  S:
           16th  and  17th  Streets  between  Montana
           Avenue and Alta Avenue.

                 (b)  No vehicle shall be  parked  or
           stopped    adjacent   to   any   curb   in
           Preferential Parking Zone S for more  than
           one  hour  between  the hours of 9:00 a.m.
           and 9:00 p.m.,  Monday  through  Saturday,
           without  a  permit issued and displayed in
           accordance with this Chapter.

                 (c)  Any vehicle parked  or  stopped
           without  a  permit  when  required by this
           Section may be removed from the street  by
           any police officer.

                 (d)  The annual fee for each  permit
           issued  for  Preferential  Parking  Zone S
           shall be $15.00 per permit, or such  other
           fee  as  may  be  established from time to
           time by resolution of the City Council.

      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, are hereby repealed or modified to that extent necessary
to affect 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  any  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 after 30 days from its adoption.

APPROVED AS TO FORM:

____________________
ROBERT M. MYERS
City Attorney