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ORDINANCE NO. NS-XXXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. <br />OF CHAPTER 36 "VENDING VEHICLES' (SANTA ANA <br />MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63) <br />AND REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD <br />VENDING VEHICLES' (SANTA ANA MUNICIPAL CODE <br />SECTIONS 36-700 THROUGH 36-720) <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The City Council of the City of Santa Ana previously adopted Article XIV in <br />Chapter 36 "Food Vending Vehicles' in December 1994 (Santa Ana <br />Municipal Code sections 36-700 through 36-720). <br />B. The City Council later adopted Division 3 of Article 1 in Chapter 36 <br />"Vending Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) <br />codified as Santa Ana Municipal Code sections 36-50 through 36-63. <br />C. The later ordinances were challenged in an action filed in Orange County <br />Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). <br />The Court ruled for the plaintiffs, finding that California Vehicle Code <br />section 22455 preempted the City ordinances because the City <br />regulations were not limited to protecting public safety. <br />D. Following the Vasquez case, the City has not sought to enact or enforce <br />further regulation of food vending vehicles, even though Vehicle Code <br />section 22455 allows a local authority to adopt additional requirements for <br />mobile vending which restricts the time, place and manner of vending in <br />order to protect the public safety. <br />E. In an effort to update the Santa Ana Municipal Code (SAMC), the City <br />Council hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles' <br />(SAMC section 36-700 through 36-720) as well as Division 3 of Article 1 in <br />Chapter 36 "Vending Vehicles" (SAMC section 36-50 through 36-63). <br />Section 2. In accordance with the California Environmental Quality Act, the <br />recommended action is categorically exempt from further review per section <br />15061(b)(3), in that it can be seen with certainty that the project will have no possible <br />Exhibit 2 Ordinance No. NS-XXXX <br />Page 1 <br />75D-13 <br />