HomeMy WebLinkAboutNS-2976 - Amending Chapter 36 Article I to Add Section 36-19, to Add Section 36-20, to Add Section 36-21, to Add Section 36-22, to Add 36-23, to Add Section 36-149, to Add Section 36-150, to Add Section 36-151, to Add Section 36-152, to Add Section 36-153ORDINANCE NO. NS-2976
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 PROHIBITION 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
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
Ordinance No. 2976
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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 of 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
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
Ordinance No. 2976
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THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. That Chapter 36 (Traffic), Article I (In General), Division
(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.
B. 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.
C. That the Santa Ana Municipal Code, is hereby amended by adding a section,
to be numbered 36-21, which said section reads as follows:
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.
D. 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
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Park road shall mean a right-of-way within a public park that is not a
publicly dedicated street.
E. 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.
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
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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.
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:
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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.
(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.
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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 15th day of October. 2019.
4
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
UA��-
Tamara Bogosian
Assistant City Attorney
Ordinance No. 2976
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
'Ward 4 Representative Vacant
Iglesias Penaloza Pulido Villegas (4)
Sarmiento Solorio (2)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-2976 to be the original ordinance adopted by the City Council of the
City of Santa Ana on October 15, 2019 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Daisy Gomez
Clerk of the Council
City of Santa Ana
Ordinance No. 2976
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