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HomeMy WebLinkAbout11A - ORDINANCE AMENDING CH 36STRIKETHROUGH VERSION ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36, ARTICLE IV OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING REGULATIONS TO TRANSFER THE PARKING OPERATIONS PROGRAM TO THE COMMUNITY DEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council has determined that a parking meter system is justified to defray the cost of installation, operation, and control, as well as the costs of other parking management related activities; and B. Planned new development and expansion in Downtown Santa Ana together with the Orange County Street Car Project currently under construction in Santa Ana are likely to increase traffic and parking demand and reduce the number of available on -street parking spaces; and C. The City has designated on -street parking spaces with parking meters in order to regulate and manage traffic circulation and parking availability; and D. The location of and hours for parking directly impact traffic and parking circulation patterns, traffic congestion and other traffic hazards, and parking availability; and E. The City Council is authorized pursuant to section 2508 of the California Vehicle Code, to set parking hours and parking zones; and F. The City Council may determine the City agency which shall be vested with the administrative duties and authority to administer the City's parking meter system and related parking meter system regulations; and G. Based on the foregoing, it is necessary to amend various sections of the Code in order to transfer administrative authority for the City's Parking Operations Program from the Finance and Management Services Agency to the Community Development Agency to better coordinate, control, and regulate traffic and parking circulation within the City's parking district in keeping with the City's community development efforts to improve the City's transportation network in order to promote a more sustainable transportation system; to ensure adequate parking availability for residents, workers, and visitors; to prevent traffic congestion and hazardous traffic conditions; and to promote compliance and facilitate more efficient and effective notice and enforcement, all of which will promote the public health, safety, and general welfare. Ordinance No. NS-XXX Page 1 of 4 11 A-1 SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Section 36-399 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 36-399. - Hours. (a) Except as otherwise provided in subsection (b) of this section, the provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (b) In the following parking meter zones effective parking hours shall be as follows: (1) Willard Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (2) Midtown Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (3) Downtown Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 10:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (c) Legal holiday shall be defined as those legal holidays observed by city employees as identified in section 9-135 of the Santa Ana Municipal Code. Ordinance No. NS-XXX Page 2 of 4 11 A-2 (d) The executive director of the r^^^^^ ;;Rd meRt Gscommunity development agency or designee is authorized to place signs or markings, on or immediately adjacent to parking meters, prohibiting parking in excess of twelve (12) minutes, fifteen (15) minutes, twenty-four minutes (24), thirty (30) minutes, one (1) hour, two (2) hours, three (3) hours or four (4) hours on any portion of any street within such parking meter district zone, for any time period up to and including twenty-four (24) hours per day. Such restrictions may be limited so as not to apply on specified days. SECTION 4. Section 36-421 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 36-421. Change in reference. (a) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the finance and management services earnmunity development agency, such section, subsection, provision, or clause shall mean the FRaRre QRGI MARagemeRt6eRtiGeS community development agency. (b) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the executive director of the finance and management services Gern unit„ deve'^^^n^^t agency, such section, subsection, provision. or clause shall mean the executive director of the fiRaRA^ ".,t .. eRt sepvi^^4s community development agency. (c) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the treasury and customer services manager , such section, subsection, provision, or clause shall mean the executive director of the communitv development aaencv or his or her desicineetFeaS Fy and a ,st,.rner SECTION 5. Severability. 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6. Effective Date. This Ordinance after its adoption by the City Council of the City of Santa Ana shall first be effective July 1, 2020. H H Ordinance No. NS-XXX Page 3 of 4 11 A-3 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:r Ryan O. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 12020. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- 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: Ordinance No. NS-XXX Page 4 of 4 Daisy Gomez Clerk of the Council City of Santa Ana 11 A-4 CLEAN VERSION ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36, ARTICLE IV OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING REGULATIONS TO TRANSFER THE PARKING OPERATIONS PROGRAM TO THE COMMUNITY DEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council has determined that a parking meter system is justified to defray the cost of installation, operation, and control, as well as the costs of other parking management related activities; and B. Planned new development and expansion in Downtown Santa Ana together with the Orange County Street Car Project currently under construction in Santa Ana are likely to increase traffic and parking demand and reduce the number of available on -street parking spaces; and C. The City has designated on -street parking spaces with parking meters in order to regulate and manage traffic circulation and parking availability; and D. The location of and hours for parking directly impact traffic and parking circulation patterns, traffic congestion and other traffic hazards, and parking availability; and E. The City Council is authorized pursuant to section 2508 of the California Vehicle Code, to set parking hours and parking zones; and F. The City Council may determine the City agency which shall be vested with the administrative duties and authority to administer the City's parking meter system and related parking meter system regulations; and G. Based on the foregoing, it is necessary to amend various sections of the Code in order to transfer administrative authority for the City's Parking Operations Program from the Finance and Management Services Agency to the Community Development Agency to better coordinate, control, and regulate traffic and parking circulation within the City's parking district in keeping with the City's community development efforts to improve the City's transportation network in order to promote a more sustainable transportation system; to ensure adequate parking availability for residents, workers, and visitors; to prevent traffic congestion and hazardous traffic conditions; and to promote compliance and facilitate more efficient and effective notice and enforcement, all of which will promote the public health, safety, and general welfare. Ordinance No. NS-XXX Page 1 of 4 11 A-5 SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Section 36-399 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 36-399. - Hours. (a) Except as otherwise provided in subsection (b) of this section, the provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (b) In the following parking meter zones effective parking hours shall be as follows: (1) Willard Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (2) Midtown Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (3) Downtown Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 10:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday of each week, except such parking limitations shall not be operative on any legal holiday_ Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (c) Legal holiday shall be defined as those legal holidays observed by city employees as identified in section 9-135 of the Santa Ana Municipal Code. Ordinance No. NS-XXX Page 2 of 4 11 A-6 (d) The executive director of the community development agency or designee is authorized to place signs or markings, on or immediately adjacent to parking meters, prohibiting parking in excess of twelve (12) minutes, fifteen (15) minutes, twenty-four minutes (24), thirty (30) minutes, one (1) hour, two (2) hours, three (3) hours or four (4) hours on any portion of any street within such parking meter district zone, for any time period up to and including twenty-four (24) hours per day. Such restrictions may be limited so as not to apply on specified days. SECTION 4. Section 36-421 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 36-421. Change in reference. (a) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the finance and management services agency, such section, subsection, provision, or clause shall mean the community development agency. (b) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the executive director of the finance and management services agency, such section, subsection, provision, or clause shall mean the executive director of the community development agency. (c) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the treasury and customer services manager, such section, subsection, provision, or clause shall mean the executive director of the community development agency or his or her designee. SECTION 5. Severability. 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6. Effective Date. This Ordinance after its adoption by the City Council of the City of Santa Ana shall first be effective July 1, 2020. // Ordinance No. NS-XXX Page 3 of 4 11 A-7 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ Ryan O.Hodg& Assistant -City ,attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 12020. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- 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: Ordinance No. NS-XXX Page 4 of 4 Daisy Gomez Clerk of the Council City of Santa Ana 11 A-8