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HomeMy WebLinkAboutNS-3006 - Repealing and Reenacting in its Entirety Section 33-54 of the Santa Ana Municipal Code Relating to the Preservation of Newly Constructed and Reconstructed Arterial Streetsbrs 6/4/21 ORDINANCE NO. NS-3006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY SECTION 33-54 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE PRESERVATION OF NEWLY CONSTRUCTED AND RECONSTRUCTED ARTERIAL STREETS WHEREAS, the City of Santa Ana owns and maintains over 1,100 lane miles of concrete and asphalt paved streets; and WHEREAS, preservation for the public benefit of the ride quality, structural integrity, and appearance of newly constructed, reconstructed, resurfaced, surface sealed street pavement, or any treatment that adds to the structural capacity, life, or aesthetic value of the pavement, is of great value and cost effectiveness to the City and its residents; and WHEREAS, Section 33-54 of the Santa Ana Municipal Code, entitled "Preservation of newly constructed and reconstructed arterial streets," was adopted to provide basic coordination levels between the City and private efforts related to pavement preservation and provides that newly constructed or resurfaced arterial streets shall not be cut or opened for a period of five years following construction or resurfacing, except in case of emergency or imminent peril to life, limb, or property; and WHEREAS, the five year moratorium in Section 33-54 does not currently include local streets and alleys; and WHEREAS, with increased activity to accommodate new technology utilities, the approaching service life of existing underground utilities, and increased traffic congestion, there is a need to update and amend the current "street cut' protocols and practices in Section 33-54; and WHEREAS, the changes to this ordinance are consistent with standard practices in other Orange County cities; and WHEREAS, to effectively update Section 33-54, it is necessary that Section 33-54 be repealed and reenacted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. NS-3006 Page 1 of 6 brs 6/4/21 SECTION 1. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal Code is hereby repealed in its entirety. SECTION 2. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows: Sec.33-54. Excavation moratorium for the preservation of newly constructed, reconstructed, resurfaced, surface sealed streets, or any treatment that adds to the structural capacity or life of the pavement. (a) Purpose. In order to preserve the ride quality, structural integrity, and appearance of newly constructed, reconstructed, resurfaced, surface sealed street pavement, or any treatment that adds to the structural capacity, life, or aesthetic value of the streets in Santa Ana, a moratorium on excavation or street cuts shall be imposed. (b) Definitions. As used in this Section, the following words, terms, or phrases shall have the meaning hereinafter set forth: (1) "Utility Operator" or "Utilities" means privately or publicly owned entities that provide electricity, natural gas, water and sewer, and telecommunication services to the public. (2) "Private Developer" means any individual or entity proposing to construct projects residential, commercial, or industrial in nature that include construction in the public right of way. (3) "Moratorium" means the prohibition of any cutting, digging, potholing, or other disturbance of any City street surface, including arterial streets, local streets, and alleys that is imposed by this Section. (4) "City Street Pavement' means all street classifications, including but not limited to arterial streets, local streets, and alleys. (c) Moratorium on cutting or excavating street pavement. (1) Newly constructed, reconstructed or resurfaced City Street Pavement shall not be cut or excavated for a period of five (5) years, subject to exceptions below. Newly constructed, reconstructed or resurfaced City Street Pavement is defined as any installation that adds to the structural capacity or life of the pavement of any street resulting from placing one (1) inch thickness or more of new asphaltic or cementitious materials. Ordinance No. NS-3006 Page 2 of 6 brs 614/21 (2) Newly surface sealed City Street Pavement shall not be cut or excavated for a period of three (3) years, subject to exceptions below. Newly surface sealed City Street Pavement is defined as any treatment that adds to the structural capacity, life of the pavement, or aesthetic value of any street resulting from applying less than one (1) inch thickness of asphaltic or cementitious materials overlaying, filling existing surface defects, or stabilizing base or subbase layers. (3) The City Engineer or his or her authorized representative may permit newly constructed, reconstructed, resurfaced, or surfaced sealed City Street Pavement to be cut or excavated prior to expiration of the respective Moratorium period above. The City Engineer or his or her authorized representative may approve or conditionally approve any such exception if one or more of the following cases are present: A. Emergencies which endanger life, property, or public health and safety. B. Restoration of essential utility service. C. Other situations deemed by the City Engineer or his or her authorized representative to be in the best interest of the general public. Exceptions made will require special restoration to mitigate the excavation which impacts the structural capacity, life of the pavement, or aesthetic value of any City Street Pavement. The City Engineer or his or her representative shall cause to be made available an accompanying set of details which mitigate the excavation or cuts. (d) Start of the Moratorium time period. The Moratorium shall begin on the date that the City accepts the newly constructed, reconstructed or resurfaced City Street Pavement, or newly surface sealed City Street Pavement, as documented by the City. Such records and documents shall be made available by the City upon request. (e) Notice of Moratorium to Utilities and Private Developers. The City shall provide notice of the Moratorium by making available a list of City Street Pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed on the City website to provide Utility Operators and prospective Private Developers time to arrange for excavation or street cuts prior to the noticed City Street Pavement that will be newly constructed, reconstructed, resurfaced, or surface sealed. Ordinance No. NS-3006 Page 3 of 6 brs 6/4/21 (1) City Street Pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed will be published on the City's website and made available for inspection in the Public Works Agency at least twelve (12) months prior to the beginning of such construction. (2) For Private Developers who have received conditions of approval from the Public Works Agency, it shall be the Private Developer's responsibility to be informed of any updated Moratorium locations that may impact their proposed development using the means described above. (f) Streets where Moratorium not in effect. Cuts or excavations performed on City Street Pavement not subject to this Moratorium shall be subject to the following requirements: (1) For new utilities' service laterals, the street opening limits shall comply with City of Santa Ana Standard Plans and policies for purposes of connecting the service lateral. Notwithstanding the foregoing, the lateral itself shall be bored, jacked or open -cut installed from the property line of the property being serviced. (2) All street openings, trenching, backfilling and resurfacing shall at all times comply with the City of Santa Ana Standard Plans, as specifically approved in writing by the City Engineer or his or her authorized representative. (3) All street openings shall be subject to the then -current street work permit requirements and fees. (g) Appeal. An applicant shall have the right to appeal any decision of the City Engineer or his or her authorized representative under Section 33-54 pursuant to the provisions of Chapter 3 of the Santa Ana Municipal Code. SECTION 3. The City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that Ordinance No. NS-3006 Page 4 of 6 brs 6/4/21 it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its adoption. SECTION 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this 6th day of July, 2021. e Vicente Sarmiento Mayor Sonia R. Carvalho, City Attorney By: randon Salvatierra Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza. Sarmiento (7) None (0) None (0) None (0) Ordinance No. NS-3006 Page 5 of 6 brs 6/4121 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-3006 to be the original ordinance adopted by the City Council of the City of Santa Ana on July 6, 2021 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. 1 Date: I / o ` - Daisy Gomez Clerk of the Council City of Santa Ana Ordinance No. NS-3006 Page 6 of 6