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HomeMy WebLinkAbout11A - 2ND READ ORD - OVERSIZED VEHICLESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 T1 TLE:i SECOND READING OF ORDINANCE CONCERNING OVERSIZED VEHICLES {STRATEGIC PLAN NOS. 5, 41 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Consider adoption of the Ordinance for Second Reading of the Oversized Vehicle Ordinance: 1. Adopt with the misdemeanor penalty as originally proposed in the First Reading of the Ordinance, KO 2. Alternatively adopt without the misdemeanor penalty as amended by the City Council in the First Reading of the Ordinance. DISCUSSION During the Introduction and First Reading of the Ordinance, a Council Member requested the removal of the penalty provision making a violation of the ordinance a misdemeanor. Upon further discussion with the Santa Ana Police Department and the City Attorney's Office, staff recommends retaining the misdemeanor provision in the ordinance for the second reading. The ordinance, as written, provides officers the discretion to issue an administrative or misdemeanor citation. However, if the issuance of an administrative citation does not achieve compliance, in order to bring the matter before a judge for prosecution, the officer must issue a misdemeanor citation. Staff is seeking Council's support to retain the misdemeanor option as an enforcement tool in this Ordinance. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability). 11 A-1 Second Reading of Ordinance Concerning Oversized Vehicles October 15, 2019 Page 2 FISCAL IMPACT There are no fiscal impacts associated with the second reading of the ordinance. David Valentin Chief of Police Santa Ana Police Department Exhibits: 1. Final Ordinance with the misdemeanor enforcement provision 2. Final Ordinance without the misdemeanor enforcement provision 11 A-2 EXHIBIT 1 ORDINANCE NO. NS-XXXX 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 PROHIBTION 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 11 A-3 1 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 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 et 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 11 A-4 2 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 36 (Traffic), Article I (In General), Division 1 (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. A. 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. B. 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. C. 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 11 A-5 Park road shall mean a right-of-way within a public park that is not a publicly dedicated street. D. 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 11 A-6 4 construction of any building or structure 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 11 A-7 5 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: 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 11 A-8 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. 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 day of 12019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: amara Bogosian Assistant City Attorney /_\'/X.�orouM, 11LaiilTM NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11 A-9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019 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 11A-10 EXHIBIT 2 ORDINANCE NO. NS-XXXX 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 PROHIBTION 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 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 et 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 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 36 (Traffic), Article I (In General), Division 1 (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. A. 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. B. 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. C. 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 11A-13 Park road shall mean a right-of-way within a public park that is not a publicly dedicated street. D. 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 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 ''hater sha° +, „e c;h;;" c+,+„+e sepaFate offeRse. Alteraativey, *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 ^rimina' enfornernent anrdle 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: 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 11A-16 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. 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 day of 12019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 11/11WL—�-, By: T a ogosian Assistant City Attorney NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11A-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019 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 11A-18