HomeMy WebLinkAbout50A - ORD - OVERSIZED VEHICLESREQUEST FOR
COUNCIL ACTION a!_
CITY COUNCIL MEETING DATE:
OCTOBER 1, 2019
TITLE:
ORDINANCE FIRST READING: ADOPT
AND ADD SECTIONS 36-19, 36-20, 36-21,
36-22, 36-23, 36-149, 36-150, 36-151, 36-152,
AND 36-153 TO THE SANTA ANA
MUNICIPAL CODE RELATED TO THE
PARKING OF OVERSIZED AND
RECREATIONAL VEHICLES
(STRATEGIC PLAN NO. 5,4)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2od Reading
❑ Implementing Resolution
❑ Set Public Hearing
For
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Place ordinance on first reading for consideration of adoption.
DISCUSSION
The California State Legislature, through California Vehicle Code Sections 22507 and 22507.5,
has delegated to local governments the authority to regulate vehicular parking within their
jurisdictions. In accordance with this authority, the City Council of the City of Santa Ana adopted
Article IV (Parking Regulations) of Chapter 36 (Traffic) of the Santa Ana Municipal Code ("Code")
to regulate the parking of vehicles in the City of Santa Ana. Pursuant to Section 36-145 of the
Code, no person shall park and/or leave standing on any street, or portion thereof, in any
residential district located within the City any commercial vehicle with a manufacturer's gross
vehicle weight rating of ten thousand (10,000) pounds or more for a period of time longer than
two (2) hours. These restrictions do not apply to any commercial vehicle, which is making
pickups or deliveries, or for the purpose of delivering materials to be used in the repair, alteration,
remodeling, or construction of any building or structure upon the residential street for which a
building permit has previously been obtained.
Some large, oversized and recreational vehicles (collectively, "Oversized Vehicles") may exceed
22 feet in length or 7 feet in height but not meet the definition of vehicles restricted by SAMC
Section 36-145. The proliferation of Oversized Vehicles parked on public streets raises public
safety concerns, including the obstruction of access to rights -of -way, reduced site distance,
reduced visibility at intersections, all of which have a detrimental effect on the public health,
safety, welfare and quality of life in the City of Santa Ana. Restricting the parking of Oversized
Vehicles will mitigate the public safety concerns associated with the parking of these vehicles;
will increase the availability of parking for City residents and visitors; and, will preserve the
character of neighborhoods to benefit the health, safety and welfare of City residents.
50A-1
Ordinance — First Reading: Chapter 36 SAMC
October 1, 2019
Page 2
City staff is proposing to restrict Oversized Vehicles on City streets pursuant to the City's police
power, as granted broadly under Article XI, Section 7 of the California Constitution. Permits for
temporary overnight parking of recreational vehicles will be authorized to accommodate City
residents who are expecting guests, or who are preparing for or returning from vacations.
The proposed ordinance describes Oversized Vehicles as any vehicle, including any attached
trailers, vehicles or loads thereon, that exceeds 22 feet in length or 7 feet in height. Recreational
Vehicles are described as any camp trailer, park trailer, camper, trailer coach, or house car, as
defined in Vehicle Code and/or California Health and Safety Code, or any boat, dune buggy, and
all -terrain vehicle ("ATV") used primarily for recreational purposes.
The proposed ordinance would prohibit the parking of Oversized Vehicles between the hours of
2:00 a.m. and 6:00 a.m., and would prohibit parking of Oversized Vehicles within 50 feet of any
intersection. The prohibitions would not apply to any Oversized Vehicle parked while a driver is
unloading or providing services to or on a property in the block in which such Oversized Vehicle
is parked or left standing. The prohibitions also do not apply to government vehicles, school
buses, or vehicles displaying a valid permit.
Once appropriate signage is posted, a violation of SAMC Section 34-149 shall be a
misdemeanor with a Court determined fine of up to $1,000. Alternatively, the violation may be
addressed by the officer through the use of an administrative citation. Fines for administrative
citations are $120.48 for the first violation, $240.97 for the second violation, and $602.42 for the
third violation. Section 36-153 outlines the process for issuing permits to residents who are
preparing for or returning from vacation. There will be no charge for permits.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability.).
FISCAL IMPACT
Fines will be deposited in the Police Department's Administrative Citations revenue account (no.
01114002 55600).
David Valentin
Chief of Police
Santa Ana Police Department
Exhibit: 1. Ordinance
APPROVED AS TO FUNDS AND ACCOUNTS:
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
50A-2
Exhibit 1
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 36
ARTICLE I (IN GENERAL) DIVISION 1
(DEFINITIONS) TO ADD SECTION 36-19
(OVERSIZED VEHICLE); TO ADD SECTION 36-20
(RECREATIONAL VEHICLE); TO ADD SECTION
36-21 (NON -MOTORIZED VEHICLE); TO ADD
SECTION 36-22 (PARK ROAD); TO ADD SECTION
36-23 (PARKING, PARK OR PARKED); AMENDING
CHAPTER 36 ARTICLE IV (PARKING
REGULATIONS) TO ADD SECTION 36-149
(PROHIBITION OF PARKING OF OVERSIZED
VEHICLES, NON -MOTORIZED VEHICLES, AND
RECREATIONAL VEHICLES); TO ADD SECTION
36-150 (EXCEPTIONS TO PROHIBTION ON
PARKING OF OVERSIZED VEHICLES, NON -
MOTORIZED VEHICLES, AND RECREATIONAL
VEHICLES); TO ADD SECTION 36-151 (NOTICE);
TO ADD SECTION 36-152 (ENFORCEMENT
REMEDIES); TO ADD SECTION 36-153 (PERMIT
PROCESS FOR TEMPORARY OVERNIGHT
PARKING ON PUBLIC STREETS).
WHEREAS, in California Vehicle Code Sections 22507 and 22507.5, the
Legislature delegated to local governments the authority to regulate vehicular parking
within their jurisdictions. In accordance with this authority, the City Council of the City of
Santa Ana ("City Council") adopted Article IV (Parking Regulations) of Chapter 36
(Traffic) of the Santa Ana Municipal Code ("Code") to regulate the parking of vehicles in
the City of Santa Ana ("City"); and
WHEREAS, pursuant to Section 36-145 of the Code, no person shall park and/or
leave standing on any street, or portion thereof, in any residential district located within
the city any commercial vehicle with a manufacturer's gross vehicle weight rating of ten
thousand (10,000) pounds or more for a period of time longer than two (2) hours. Such
restriction shall not apply to any commercial vehicle which is making pickups or
deliveries of goods, wares, and merchandise from or to any building or structure located
on the residential street, or for the purpose of delivering materials to be used in the
actual and bona fide repair, alteration, remodeling, or construction of any building or
structure upon the residential street for which a building permit has previously been
obtained; and
WHEREAS, some large, oversized and recreational vehicles (collectively,
"Oversized Vehicles") may exceed 22 feet in length or 7 feet in height but not meet the
definition of vehicles restricted by SAMC Section 36-145; and
50A-3 1
WHEREAS, the proliferation of Oversized Vehicles parked on public streets
raises public safety concerns, including the obstruction of access to rights -of -way,
reduced site distance, reduced visibility at intersections, all of which have a detrimental
effect on the public health, safety, welfare and quality of life in the City of Santa Ana;
and
WHEREAS, certain neighborhoods and areas of the City do not have sufficient
on or off street space to accommodate the parking of vehicles and the proliferation of
Oversized Vehicles parked in the limited supply of spaces reduces parking spaces for
other uses, which adversely affects residents; and
WHEREAS, Oversize Vehicles have a large storage capacity which provides for
an increased opportunity for vehicle thefts and deterioration of safety, tranquility,
aesthetics and other similar values in the City; and
WHEREAS, restricting the parking of Oversized Vehicles will mitigate the public
safety concerns associated with the parking of Oversize Vehicles; will increase the
availability of parking for city residents and visitors; and, will preserve the character of
neighborhoods to benefit the health, safety and welfare of City residents; and
WHEREAS, the City wishes to restrict Oversized Vehicles on City streets
pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the
California Constitution, and the City Council has the authority to enact and enforce
ordinances and regulations for the public peace, morals and welfare of the City of Santa
Ana and its residents; and
WHEREAS, the City Council determines that this ordinance is a matter of City-
wide importance and necessary for the preservation and protection of the public peace,
health, safety and/or welfare of the community and is a valid exercise of the local police
power and in accord with the public purposes and provisions of applicable State and
local laws and requirements; and
WHEREAS, the City Council desires to adopt such restrictions citywide; and
WHEREAS, permits for temporary overnight parking of recreational vehicles will
be authorized to accommodate city residents who are expecting guests, or who are
preparing for or returning from vacations; and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referend to as "CEQA") and the State of
California Guidelines for Implementation of the California Environmental Quality Act
(commencing with Section 15000 of Title 14 of the California Code of Regulations;
herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the
preparation and consideration of environmental documents for this ordinance; and
50A-4 2
WHEREAS, the City Council finds and determines that his ordinance is not
subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the
State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment, and because it is not a "project," as that
term is defined in Section 15378 of the State CEQA Guidelines; and
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. That Chapter 36 (Traffic), Article I (In General), Division 1
(Definitions) of the Santa Ana Municipal Code, is hereby amended to read as follows:
A. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-19. which said section reads as follows:
Section 36-19 Oversized Vehicle
Oversized Vehicle shall mean any vehicle, including any attached
trailers, vehicles or loads thereon, that exceeds 22 feet in length or
7 feet in height. To determine the height, width or length of a
vehicle defined in this section, any extension to the vehicle caused
by mirrors, air conditioners, or similar attachments allowed by
sections 35109, 35110 or 35111 of the Vehicle Code, as the same
may be amended from time to time, shall not be included.
A. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-20, which said section reads as follows:
Section 36-20 Recreational Vehicle
Recreational Vehicle shall mean:
(a) Any camp trailer, park trailer, camper, trailer coach, or house
car, as defined in Vehicle Code section 242, 243, 635 or
California Health and Safety Code sections 18010 and 18009.3
or successor statute; or
(b) Any boat, dune buggy, all -terrain vehicle ("ATV") or other
motorized or towed vehicle designed, maintained, or used
primarily for recreational purposes.
B. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-21. which said section reads as follows:
50A-5
Section 36-21 Non -motorized vehicle
Non -motorized vehicle shall mean any trailer or trailer bus, as
defined in Vehicle Code sections 630 and 636, as the same may be
amended from time to time.
C. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-22, which said section reads as follows:
Section 36-22 Park road
Park road shall mean a right-of-way within a public park that is not a
publicly dedicated street.
D. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-23, which said section reads as follows:
Section 36-23 Parking, park or parked
Parking, park or parked means to stand or leave standing any unoccupied
vehicle, other than temporarily for the purpose of and while actually
engaged in loading or unloading passengers or materials.
Section 2. That Chapter 36 (Traffic), Article IV (Parking Regulations) of the
Santa Ana Municipal Code, is hereby amended to read as follows:
A. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-149. which said section reads as follows:
Section 36-149 Prohibition of parking of oversized vehicles, non -motorized
vehicles, and recreational vehicles
Except as provided in section 36-150 or otherwise expressly provided to
the contrary herein, or unless such parking or standing is authorized by
the City Manager and appropriate signs permitting such parking or
standing are posted:
(a) It is unlawful for any person to park or leave standing upon any public
street, park road, or parking lot, any oversized vehicle, non -motorized
vehicle, or recreational vehicle between the hours of 2:00 a.m. and
6:00 a.m.
(b) It is unlawful for any person to park or leave standing within 50 feet of
any intersection of public streets, a public street and park road, a
public street and alley, or a park road and alley, as measured from the
prolongation of the curb lines or the edge of the pavement of the cross
street or alley, any oversized vehicle, non -motorized vehicle, or
recreational vehicle at any time.
50A-6 4
B. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-150, which said section reads as follows:
Section 36-150 Exceptions to prohibition on parking of oversized vehicles,
non -motorized vehicles. and recreational vehicles
(a) Section 36-149(a) does not apply to any oversized commercial vehicle
on a public street while actively engaged in loading or unloading
goods, wares, or merchandise from or to any building or structure
located on the residential street, or for the purpose of delivering
materials to be used in the actual and bona fide repair, alteration,
remodeling, or construction of any building or structure upon the
residential street for which a building permit has previously been
obtained.
(b) Section 36-149(a) does not apply to any oversized vehicle on a public
street when such oversized vehicle is parked or left standing in
connection with, and in aid of, the performance of a service to or on a
property in the block in which such oversized vehicle is parked or left
standing.
(c) Section 36-149(a) does not apply to any vehicle on a public street
belonging to federal, state, or local authorities, or a public utility.
(d) Section 36-149(a) does not apply to any school bus on a public street
involved in the transportation of student, or to any bus on a public
street used for the transportation of youths or disabled persons during
the course of the activity for which they were transported.
(e) Section 36-149(a) does not apply to loading zones.
(f) Section 36-149(a) does not apply to any vehicle displaying a valid
permit issued pursuant to section 36-153.
C. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-151, which said section reads as follows:
Section 36-151 Notice
(a) The prohibitions and restrictions contained in section 36-149 shall be
effective upon the posting of signs providing notice.
(b) The City Manager shall post and maintain appropriate signs providing
notice of the prohibition contained in section 36-149.
50A-7 5
D. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-152, which said section reads as follows:
Section 36-152 Enforcement remedies
Every violation of the provisions of this Chapter shall be deemed to be a
misdemeanor and, upon conviction thereof, shall be punishable as provided
for in section 1-8 of this Code. Each day any violation of any said provision of
this Chapter shall continue shall constitute a separate offense. Alternatively,
violations may be addressed through the use of an administrative citation as
set forth in sections 1-21.1 through 1-21.9. Use of criminal enforcement
and/or administrative citations shall not prevent or preclude the City from
seeking injunctive relief and civil penalties in court for violations of this
Division.
E. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-153, which said section reads as follows:
Section 36-153 Permit process for temporary overnight parking on public
streets
(a) The City Manager has the authority to adopt procedural rules and
regulations governing the permit process, and to issue a parking permit
for the parking of a recreational vehicle on a public street to any
resident of the City or a bona fide guest of such resident, if:
(1) A written application is made to the City Manager including the
address of the resident; and
(2) The appropriate fees as described in section 34-153(g) are paid.
(b) The permit shall state the address of the resident and the permit shall
only be valid within the same block as the resident's address, on either
side of the street.
(c) The duration of the permit shall not exceed 24 hours.
(d) Permits may be issued, but not exceed, three consecutive 24-hour
periods.
(e) No more than 72 permits shall be issued relating to any one address in
any one calendar year period.
50A-8
(f) Proof of residency and proof of recreational vehicle ownership or
recreational vehicle use and control shall be demonstrated in a manner
determined by the City Manager.
(g) The fee for obtaining a permit shall be established by resolution of the
Council based upon the recommendation of the City Manager. A copy
of the fee schedule shall be filed in the rate book of City fees and
charges on file in the Office of the City Clerk.
(h) The recreational vehicle shall not be used for overnight camping,
lodging or for accommodation purposes while parked on the public
street.
Section 3. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act under California Code of regulations, Title 14,
Section 15060, subdivision (c)(2), because the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment nor under
subdivision (c)(3) because the activity has no potential for resulting in physical change
to the environment, directly or indirectly and so is not a project.
Section 4.
If any section, subsection, phrase, or clause of this ordinance is for any reason
held to be unconstitutional, 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 section, subsection, phrase or clause thereof irrespective of the
fact that any one or more sections, subsections, phrases or clauses be declared invalid
or unconstitutional.
Section 5. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
ADOPTED this day of 12019.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney y�
By:_� A
Tamara Bogosian
Assistant City Attorney
Miguel A. Pulido
Mayor
50A-9
AYES: Councilmembers
NOES: Councilmembers
iR.71I1i 1ii1Tm
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2019 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
50A-10 8