HomeMy WebLinkAboutItem 36 - Ordinance: Preservation of Arterial Streets, Local Streets, and AlleysPublic Works Agency
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Item # 36
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 15, 2021
TOPIC: Ordinance relating to Preservation of Newly Constructed and Reconstructed
Arterial Streets, Local Streets, and Alleys
AGENDA TITLE
Ordinance Repealing and Reenacting the Santa Ana Municipal Code Chapter 33, Section
54 Establishing the Preservation of Newly Constructed and Reconstructed Arterial
Streets, Local Streets, and Alleys
RECOMMENDED ACTION
Approve the first reading of an ordinance repealing and reenacting the Santa Ana
Municipal Code Chapter 33, Section 54 establishing the preservation of newly
constructed and reconstructed arterial streets, local streets and alleys.
DISCUSSION
The current City Municipal Code Chapter 33 Section 54 “Preservation of Newly
Constructed and Reconstructed Arterial Streets” (SAMC 33-54) (Exhibit 1) was adopted
to establish basic coordination levels between the City and private parties to preserve
and protect pavements, primarily on arterial and primary streets. The ordinance requires
that private parties accelerate and/or modify their proposed work schedules in order for
their construction activities to be completed before City improvements are completed.
This prevents private parties from cutting into new streets and reduces the number of
disruptions caused by construction activities, lessening the adverse impacts to the
community.
As SAMC 33-54 mainly focuses on arterial and primary streets, staff recommends
repealing and reenacting this section of the municipal code to incorporate local streets
and alleys. The proposed changes, which are consistent with standard practices in other
Orange County cities, extend the aforementioned requirements to all street
classifications. From March 3 to March 31, 2021, background information, the current
Municipal Code, proposed language, a schedule, and an explanation of the process to
amend the Municipal Code were posted on the City’s website and sent via mail to utility
companies and interested parties. Staff also held meetings with several utility companies
to gather additional input, which was incorporated in the proposed ordinance (Exhibit 2).
ENVIRONMENTAL IMPACT
Ordinance relating to Preservation of Newly Constructed and Reconstructed Arterial
Streets, Local Streets, and Alleys
June 15, 2021
Page 2
1
8
0
0
There is no environmental impact associated with the action.
FISCAL IMPACT
There is no fiscal impact associated with this action
EXHIBIT(S)
1. Current Municipal Code Section 33-54
2. Proposed Municipal Code Section 33-54.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
2/24/2021 Santa Ana, CA Code of Ordinances
1/1
(a)
(1)
(2)
(b)
(c)
(d)
(e)
Sec. 33-54. - Preservation of newly constructed and reconstructed arterial streets.
In order to preserve the ride quality, structural integrity and appearance of newly constructed or
reconstructed arterial streets, the following conditions are hereby imposed:
Cutting or opening arterial streets.
Newly constructed or resurfaced arterial streets shall not be cut or opened for a period of
five (5) years following construction or resurfacing, except in the case of emergency or
imminent peril to life, limb or property, as determined by the city engineer.
Upon a showing of good cause, the city engineer may permit newly constructed or
resurfaced arterial streets to be cut or opened prior to expiration of the five-year period
following construction or resurfacing. Any such exception shall require specific written
approval by the city engineer.
Connection of service lateral. For new utilities' service laterals, a maximum street opening of
four (4) feet by four (4) feet may be made directly over the utility for purposes of connecting
the service lateral. Notwithstanding the foregoing, the lateral itself shall be bored or jacked
from the property line of the property being serviced.
Compliance with construction requirements. 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.
Requirement of permit. All street openings shall be subject to the then-current street work
permit requirements and fees.
Appeal. An applicant shall have the right to appeal any decision of the director of public works
under this section 33-54 pursuant to the provisions of Chapter 3 of the Santa Ana Municipal
Code.
(Ord. No. NS-2054, § 1, 4-16-90; Ord. No. NS-2447, § 7, 10-2-00)
EXHIBIT 1Current Municipal Code
brs 6/4/21
Ordinance No. NS-XXX
Page 1 of 6
ORDINANCE NO. NS-XXX
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.
EXHIBIT 2
brs 6/4/21
Ordinance No. NS-XXX
Page 2 of 6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
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
brs 6/4/21
Ordinance No. NS-XXX
Page 3 of 6
or life of the pavement of any street resulting from placing one (1) inch
thickness or more of new asphaltic or cementitious materials.
(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
brs 6/4/21
Ordinance No. NS-XXX
Page 4 of 6
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.
(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.
brs 6/4/21
Ordinance No. NS-XXX
Page 5 of 6
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
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 ______ day of _________, 2021.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: _________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers _______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
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Ordinance No. NS-XXX
Page 6 of 6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on _______________, 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