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brs 6/4/21 <br />Ordinance No. NS-XXX <br />Page 2 of 6 <br /> <br /> <br /> <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, <br />CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: <br /> <br />SECTION 1. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal <br />Code is hereby repealed in its entirety. <br />SECTION 2. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal <br />Code is hereby reenacted in its entirety as follows: <br />Sec. 33-54. Excavation moratorium for the preservation of newly constructed, <br />reconstructed, resurfaced, surface sealed streets, or any treatment <br />that adds to the structural capacity or life of the pavement. <br />(a) Purpose. In order to preserve the ride quality, structural integrity, and appearance <br />of newly constructed, reconstructed, resurfaced, surface sealed street pavement, <br />or any treatment that adds to the structural capacity, life, or aesthetic value of the <br />streets in Santa Ana, a moratorium on excavation or street cuts shall be imposed. <br /> <br />(b) Definitions. As used in this Section, the following words, terms, or phrases shall <br />have the meaning hereinafter set forth: <br /> <br />(1) “Utility Operator” or “Utilities” means privately or publicly owned entities that <br />provide electricity, natural gas, water and sewer, and telecommunication <br />services to the public. <br /> <br />(2) “Private Developer” means any individual or entity proposing to construct <br />projects residential, commercial, or industrial in nature that include <br />construction in the public right of way. <br /> <br />(3) “Moratorium” means the prohibition of any cutting, digging, potholing, or <br />other disturbance of any City street surface, including arterial streets, local <br />streets, and alleys that is imposed by this Section. <br /> <br />(4) “City Street Pavement” means all street classifications, including but not <br />limited to arterial streets, local streets, and alleys. <br /> <br />(c) Moratorium on cutting or excavating street pavement. <br /> <br />(1) Newly constructed, reconstructed or resurfaced City Street Pavement shall <br />not be cut or excavated for a period of five (5) years, subject to exceptions <br />below. Newly constructed, reconstructed or resurfaced City Street <br />Pavement is defined as any installation that adds to the structural capacity