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ORDINANCE 1478 ORDINANCE NO. 1478 AN ORDINANCE ADDING A NEW ARTICLE F TO CHAPTER 8-5 OF THE EL SEGUNDO MUNICIPAL CODE TO REGULATE CAR SHARING PROGRAMS. The Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. Carsharing, as defined by this Ordinance, is shown to mitigate environmental and transportation issues commonly affecting urban communities including, without limitation, traffic congestion. B. It is in the public interest for the City to encourage participation in carsharing programs because such programs offer economic, environmental, and community benefits to City residents, employers, and visitors. C. Carsharing helps reduce greenhouse gas emissions and sustainability; provides City residents, employers, and visitors with affordable transportation options; and is compatible with the City's existing infrastructure. D. Carsharing serves to reduce residents' reliance on individually owned automobiles, thereby reducing pressure on already scarce on-street parking spaces and offers a supplement to the limited public transportation options available to City residents. E. Vehicle Code § 22507.1 authorizes cities to issue permits to facilitate carsharing programs. F. Based on the foregoing findings, the purpose of this Ordinance is to allow the City to issue permits to allow for the parking of carsharing vehicles in legal parking spaces notwithstanding specified restrictions in order to facilitate and encourage the use of carsharing as an alternative method of transportation. SECTION 2: A new Article F is added to El Segundo Municipal Code ("ESMC") Chapter 8- 5 to read as follows: 1 "ARTICLE F CARSHARING PERMITS 8-5F-1 Purpose. 8-5F-2 Definitions. 8-5F-3 Administration. 8-5F-4 Carsharing Parking Permits. 8-5F-5 Application of regulations. 8-5F-6 Parking Permits —Application. 8-5F-7 Fees. 8-5F-8 Issuance. 8-5F-9 Duration. 8-5F-10 Permit denial. 8-5F-11 Permit Form. 8-5F-12 Display. 8-5F-13 Notice. 8-5F-1 Purpose. This article is adopted pursuant to the city's police powers and California Vehicle Code § 22507.1, and any successor statute or regulation, in order to regulate parking of vehicles participating in a carsharing program within the city's jurisdiction. The regulations enacted by this chapter are intended to protect public health and safety by, among other things, facilitating the public's use of shared vehicles and reducing the impact of greenhouse gases and traffic congestion. 8-5F-2 Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article: A. "Carshare Business" means a public or private entity owning at least 300 motor vehicles operating a carsharing program. B. "Carsharing Program" means a service operated by a carshare business that rents carshare vehicles at a hourly or daily rental rate. Vehicles must be allowed to be dropped off and picked up at a minimum of twenty-five different locations in the City. The twenty-five locations must be on separate parcels of property or be comprised of at least twenty-five public parking spaces. 2 C. "Carshare Vehicle" means a vehicle participating in a carsharing program and registered with a carshare business. 8-5F-3 Administration. A. The police chief, or designee, is authorized to issue carsharing parking permits and permits pursuant to this article. B. The city manager is authorized to promulgate administrative policies and procedures required to implement the regulations set forth in this chapter. 8-5F-4Carsharing Parking Permits. A. Carshare vehicles with a valid permit issued pursuant to this article may be parked in all valid parking areas within the city notwithstanding time restrictions for such areas established by this Code or other applicable law including, without limitation, Section 8-5-6 or Resolution No. 4162, adopted May 16, 2000, as amended. B. Nothing in this section authorizes carshare vehicles to park in areas where standing or parking is prohibited for some or certain times as identified by this Code or other applicable law including, without limitation, Section 8-5- 3 or Resolution No. 4162, adopted May 16, 2000, as amended. 8-5F-5 Application of regulations. The permissions for standing or parking carshare vehicles in this article do not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or this code prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. 8-5F-6 Parking Permits —Application. Every person desiring a carsharing parking permit must file an application with the Police Chief, or designee, containing the following: A. The name, address and phone number of the carshare business; B. The license number, make and model of designated carshare vehicles; C. Additional information the police chief, or designee, may reasonably require; D. The applicant must sign an application under penalty of perjury. 3 8-5F-7 Fees. Unless otherwise provided by city council resolution, applications for a carsharing permits may be submitted without charge. 8-5F-8 Issuance. A. The police chief will issue a permit if: 1. The application was complete in accordance with this article; 2. There are no grounds for denying the permit; and 3. The applicant accepts the permit in writing. B. Use of any permit issued pursuant to this article will conform to the general permit conditions of this article. 8-5F-9 Duration. Carsharing parking permits are valid for a period of twelve (12) months, and may be renewed, if the applicant continues to meet the qualifications therefor. 8-5F-10 Permit denial. A permit must be denied if the police chief finds that: A. An applicant is not qualified to obtain a permit pursuant to this article; or B. Information submitted by the applicant is materially false. 8-5F-11 Permit Form. Permits issued pursuant to this article will be in a form prescribed by the police chief and will include the license plate number of the carsharing to which it relates, and the date of issuance and the day of expiration. 8-5F-12 Display. All permits will be placed at the lower driver's side of the windshield of the carshare vehicle to which it relates so that it is clearly visible from the exterior of the carshare vehicle. 4 8-5F-13 Notice. If required by law, signs giving reasonable notice of the provisions of this section will be erected within the city as required by the California Vehicle Code." SECTION 3: The City Council determines that this Ordinance is exempt from review under the California Environmental Quality Act(Cal. Pub. Res. Code§§21000, et seq.; "CEQA") and CEQA regulations (Cal. Code Regs. tit. 14, §§ 15000, et seq.) because the only potential physical effect on the environment that could foreseeably result from its implementation is a reduction in environmental impacts associated with vehicle traffic including, without limitation, traffic congestion and greenhouse gas emissions. Such a reduction in the use or operation of an existing City street is categorically exempt from further CEQA review under Cal. Code Regs. tit 14, § 15301. This Ordinance, therefore, is an action that does not have the potential to cause significant effects on the environment. SECTION 4: Repeal or amendment of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7: This Ordinance will become effective thirty days following its passage and adoption. 5 PASSED AND ADOPTED this 2nd day of Aril , 2O13 iL, G L ,. 4r Carl Jacobs° Mayor ATTEST: Q-)if ',A A 14, 2i f Tracy waver.' ity Clerk A,J y APPROVED T, ','O' e. MARK D. HE f- i , ' i +{ A4 ■rney .re By: L i Karl H. Berger, • ■sistant City Attorney 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, do hereby certify that the foregoing Ordinance No.14i8 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day ofMarcb , 2013. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 2nd day of April , 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Fuentes, Fisher, Atkinson, Fellhauer NOES COUNCILMEMBERS: Jacobson ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None r \-271'"-1(/dietaa---. CITY CLEW 7