2 0
2 5
4 CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on August __, 2023.
Date: ___________________ ____________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
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7 8/29/2023
Planning and Building Agency
santa-ana.org/planning-and-building
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 29, 2023
TOPIC: 3600 South Bristol Street
AGENDA TITLE
Authorize the Planning Division to Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for a Proposed Mixed-Use Development Project Located on the 41-Acre Site at 3600 South Bristol Street Currently Undergoing Public Review and Entitlements Processing with the City
RECOMMENDED ACTION
Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with a proposed mixed-use development project on a 41-acre site located at 3600 South Bristol Street and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics.
DISCUSSION
Pursuant to Public Utility Code (PUC) Section 21676(b), prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the Orange County Airport Land Use Commission (ALUC) pursuant to Sections 21676 and 21676.5 of the PUC for the John Wayne Airport (JWA), the City shall first refer the proposed action to ALUC. If ALUC determines that the proposed action is inconsistent with the John Wayne Airport Environs Land Use Plans (AELUP), the City may, after a public hearing, propose to overrule the Commission by a two-thirds vote of the City Council if it makes specific consistency findings in accordance with PUC Section 21670.
Adhering to this procedure, it is standard practice for the City to refer projects governed by PUC section 21676(b) under the AELUP to the ALUC for their review and determination during the project review phase. The City referred the proposed project to ALUC for their review and determination because the project is located within the AELUP. On July 20, 2023, ALUC held a public hearing on the proposed project and found a proposed mixed- use development proposed on a 41-acre site at 3600 South Bristol Street, known as the
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ALUC Overrule – 3600 South Bristol Street
August 29, 2023
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Related Bristol Specific Plan, to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport pursuant to AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674.
These sections empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. Before the decision to overrule the ALUC’s Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process.
The first step in the overrule process is to provide notice to ALUC and the California Department of Transportation (Caltrans) Division of Aeronautics of the City's intention to overrule the ALUC's determination by providing the two agencies with a Notice of Intent at least 45 days in advance of the overruling action by the City Council. In turn, ALUC may provide comments to the City Council within 30 days of receiving the Notice of Intent. If ALUC's comments are not available within this time limit, the City Council may act without them.
The comments by ALUC are advisory to the City Council. However, should comments be received, the City Council must include comments from ALUC in the public record of any final decision to overrule ALUC. The second step in the overrule process is to conduct a public hearing through which the City Council needs to make specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670.
The City Council's adoption of this resolution is procedural and does not constitute the project's approval nor does it predispose the City's future action on the project or the decision to overrule or not. Following the date of adoption of the resolution, there is no maximum time limit by which the City Council must hold the public hearing on the proposed project and overrule the ALUC’s determination. As a result, the recommendation to approve the resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency does not set forth any required timeframes for future hearing dates and actions.
ENVIRONMENTAL IMPACT
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not
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ALUC Overrule – 3600 South Bristol Street
August 29, 2023
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have a significant effect on the environment. Environmental Impact Report No. 2022-01 (State Clearinghouse No. 2020029087) has been prepared for the proposed project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment and amendment application, at a future hearing date.
EXHIBIT(S)
1. Resolution: Authorization to Provide Notice
2. Draft Notice
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manage
City Council
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3 8/29/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE PLANNING DIVISION TO
INITIATE THE PREPARATION AND DRAFTING OF FINDINGS IN
SUPPORT OF OVERRULING THE ORANGE COUNTY AIRPORT
LAND USE COMMISSION’S DETERM INATION OF
INCONSISTENCY ASSOCI ATED WITH A PROPOSED MIXED-
USE DEVELOPMENT PROJECT ON A 41-ACRE SITE LO CATED
AT 3600 SOUTH BRISTO L STREET AND TO PROVIDE NOTIC E
IN ACCORDANCE WITH S ECTION 21676(B) OF T HE PUBLIC
UTILITIES CODE TO THE COUNTY OF ORANGE LAND USE
COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION’S DIVISION OF AERONAUT ICS AT
LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING
DATE FOR THE PROPOSED PROJECT AND PROPOS ED
OVERRULING ACTION BY THE CITY COUNCIL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. On July 20, 2023, the County of Orange Airport Land Use Commission (ALUC) held a public hearing on the above-referenced project and found a proposed mixed-use development proposed on a 41 -acre site at 3600 South Bristol Street, known as the Related Bristol Specific Plan, to be inconsistent with the 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport pursuant to AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674.
B. Following the July 20, 2023 public hearing, the ALUC found the proposed project to be inconsistent with the 2008 John Wayne Airport Environs Land Use Plan on a 6-0 vote. ALUC’s findings were made pursuant to AELUP Sections
1.2 and 2.1.4, and Public Utilities Code Section 21674. These sections empower the ALUC “to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses, ” and “to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare.”
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Resolution No. 2023-XXX
C. As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. Before the decision to overrule the ALUC’s Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process.
D. At least 45 days prior to any decision to overrule ALUC, the governing body shall provide ALUC and the State Department of Transportation (Caltrans) Division of A eronautics a copy of the proposed decision to overrule along with supportive findings. ALUC may provide comments to the City Council within 30 days of receiving the proposed decision and findings. If ALUC’s comments are not available within this time limit, the City Council may act without them.
Should comments be received, the City Council must include the comments from ALUC in the public record of any final decision to overrule ALUC. This decision shall be determined at a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in Publ ic Utilities Code Section 21670.
E. Staff is hereby directed to conduct further studies as necessary in order to draft and provide notice of the findings in support of the overrule. The 45 -day period will begin after staff has forwarded the intent to overrule along with the supportive findings.
F. The Council's a doption of t his Resolution is procedural and does not constitute the proposed project ’s approval nor does it predispose the City ’s future action on the project or any decision to overrule.
G. Should the Council adopt this R esolution directing staff to conduct furth er studies as necessary in order to make the findings in support of the overrule, a public hearing will be required for Council consideration of the final supplemental environmental impact report, and any associated entitlement applications, for the Related Bristol Specific Plan.
Section 2. The City Council finds that the requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. Environmental Impact Report No. 2022- 01 (State Clearinghouse No. 2020029087) has been prepared for the proposed project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment and amendment application, at a future hearing date.
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Resolution No. 2023-XXX
Section 3. The City Council directs staff to forward a letter to the Airport Land Use Commission and State Department of Transportation Division of Aeronautics , indicating the City of Santa Ana’s intent to overrule any determination of the Airport Land Use Commission that the proposed Related Bristol Specific Plan is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan.
S ection 4. The City Council directs sta ff to conduct further studies, as necessary, in order to prepare and forward findings to the Airport Land Use Commission and State Department of Transportation Division of Aeronautics in support of the City’s intent to overrule the Airport Land Use Commission’s determination that the proposed Related Bristol Specific Plan is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan.
Section 5
. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
A
DOPTED this ___ day of _____________ , 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers _______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
City Council
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Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2023.
Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council
19 –
7 8/29/2023
SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
[Insert Date]
Lea U. Choum, Executive Officer
Orange County Airport Land Use Commission
3160 Airway Avenue
Costa Mesa, CA 92626
RE: NOTICE OF INTENT TO OVERRULE THE DETERMINATION OF INCONSISTENCY FOR THE RELATED BRISTOL SPECIFIC PLAN PROPOSED ON A 41-ACRE SITE LOCATED AT 3600 SOUTH BRISTOL STREET
The purpose of this letter is to inform you of the City of Santa Ana’s intention to recommend that the Santa Ana City Council adopt the attached findings to overrule the July 20, 2023 Airport Land Use Commission’s (ALUC) determination of inconsistency for Related Bristol Specific Plan proposed on a 41-acre site located at 3600 South Bristol Street.
On August 29, 2023, the Santa Ana City Council met and (1) approved issuing a Notice of Intent to overrule and (2) determined to give notice to the ALUC of its decision to overrule as required by California Public Utilities Code (PUC) Section 21676(b).
Pursuant to PUC Section 21676, the City hereby respectfully gives proper notice of its intention to overrule and submit s the attached findings (attached hereto as Exhibit A) for review. PUC Section 21676(b) requires that a public agency making a decision to overrule shall give notice to the California Department of Transportation (Caltrans), Aeronautics Division, and ALUC at least 45 days prior to the final decision to overrule. After this notification, the ALUC and Caltrans have 30 days from the receipt of this notice to provide advisory comments to the City.
This letter shall commence the 45- day notification period, with the City looking forward to receiving comments within 30 days hereof. At this time, the proposed Related Bristol Specific Plan has not been scheduled for public hearing for certification of its draft supplemental environmental impact report or its associated entitlement applications.
City Council
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City of Santa Ana Notice of Intent to Overrule & Findings – Related Bristol Specific Plan 3600 South Bristol Street
[Insert Date]
Should you have any questions regarding this notice and/or on the proposed project, please contact me by phone at (714) 647-5882 or by email at APezeshkpour @santa-ana.org. Thank you for your prompt attention on this matter.
Sincerely,
Ali Pezeshkpour, AICP
Planning Manager
C: Minh Thai, Executive Director of Planning & Building Agency John M. Funk, Chief Assistant City Attorney
Attachment:
Resolution with Findings to Overrule ALUC’s Determination
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Public Works Agency
www.santa-ana.org/public-works
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 29, 2023
TOPIC: Ordinance Amending Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits
AGENDA TITLE
Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22-2992) (Non-General Fund)
RECOMMENDED ACTION
Approve first reading of an ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the city.
DISCUSSION
The California Vehicle Code requires the City to conduct speed survey studies every five years to establish, among other things, legal speed limits on City streets. The last survey was conducted in 2016. The next survey was due in 2021, however due to the COVID-19 pandemic, the survey was delayed and conducted in 2023. AGA Engineers, Inc. conducted the city-wide survey in accordance to the State of California codes and regulations and produced the survey report (Exhibit 1). The survey report makes recommendations on speed limits based on three major factors: streets geometric characteristics, spot speed, and accident rates.
The survey report included an evaluation of 177 segments made up of arterial and commuter streets, which was based on the California Roads System map (CRS). The CRS dictates which streets to be included in the survey.
The 2023 Survey Report follows the California Vehicle Code to set the speed limits to be at or near the 85 percent of the surveyed speed. Of the 177 segments surveyed, no change in the posted speed limits was recommended to 167 locations. The survey report requires decreasing the speed limit at two locations and increasing the speed at two others. There were six locations that are currently under construction that will be resurveyed next year. One residential street segment was removed since residential streets have a posted speed limit set at 25 miles per hour. The survey reports with
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Ordinance Amending Chapter 36 of the Santa Ana Municipal Code August 29, 2023
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these requirements have been reviewed and supported by the Santa Ana Police Department.
Once the ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code (Exhibit 2) is approved, the recommendations displayed in the speed study will then be able to be enforced.
FISCAL IMPACT
Funds for the installation of speed limit signs estimated at $5,000 is available in the FY 2023-24 budget (Accounting Unit No. 03217662-66220, Project 22-6992).
EXHIBIT(S)
1. Engineering & Traffic Study Summary
2. Ordinance Amending Article VII, Prima Facie Speed Limits Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
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Engineering & Traffic Survey for Speed Limit Updates
12 10-Mile % in 85 th Existing Recommended
Location No. Segment Limits Dir. Date Pace 10-Mile Percentile Speed Limit Speed Limit Comments (mph) Pace (m ph) (mph) (mph)
Alton Avenue 1 Susan Street to Greenvi l l e Street E/W 12/1/2022 34-43 77 42 45 45 No Change 2 Greenvi l l e Street to Bri stol Street E/W 1 2/1/2022 36-45 66 47 45 45 No Change 3 Main Street to Standard Avenue E/W 1 /17/2022 31-40 69 39 40 40 No Change Bear Street 4 Sunflower Avenue to MacArthur Boulevard N /S 12/12/2022 36-45 77 44 40 40 No Change 5 MacArthur Boulevard to Alton Avenue N/ S 12/14/2022 34-43 78 42 40 40 No Change 6 Al ton Avenue to Segerstrom Avenue N/ S 12/1/2022 33-42 78 41 40 40 No Change Bristol Street 7 Hesperian Street/SR-22 EB On-ramp to Santa Clara Avenue N /S 11/17/2022 39-48 76 47 45 40 Decrease, Conti nui ty of Speed, Mul ti pl e Dri veways, Trap Lane (NB at SR-22, SB at Memory Lane), High Accident Rate
8 Santa Cl ara Avenue to 17th Street N/ S 11/17/2022 37-46 72 45 45 40 Decrease, Continuity of Speed, Lane Drop with short transition (north of 17th Street), adjacent to Santiago Elementary
9 17th Street to Civic Center Drive N/ S 11/17/2022 34-43 73 42 40 40 No Change 10 Ci vi c Center Dri ve to 1st Street N/ S 11/16/2022 36-45 75 44 35 40 Increase, 85th %, Continuity of Speed, Bike Lanes 11 1st Street to McFadden Avenue N/ S 11/16/2022 39-48 69 46 40 40 No Change, Continuity of Speed, Bike Lanes 12 McFadden Avenue to Edinger Avenue N/ S 11/16/2022 36-45 70 46 40 40 No Change, Continuity of Speed, Bike Lanes 13 Edinger Avenue to Warner Avenue N/ S 11/16/2022 33-42 74 41 40 40 No Change 14 Warner Avenue to Segerstrom Avenue N/ S 11/16/2022 33-42 69 42 40 40 No Change 15 Segerstrom Avenue to MacArthur Boul evard N/ S 11/16/2022 37-46 73 45 40 40 No Change, Continuity of Speed, On-Street Parking 16 MacArthur Boulevard to Sunflower Avenue N/ S 11/16/2022 35-44 73 44 40 40 No Change Broadway/Broadway Place 17 Mai npl ace Dri ve to 17th Street N /S 12/13/2022 33-42 76 42 40 40 No Change 18 17th Street to Washington Avenue N/ S 6/1/2023 31-40 79 39 35 35 No Change 19 Washington Avenue to Civic Center Drive N/ S 1/12/2023 32-41 78 38 30 30 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Multiple Drive ways
20 Ci vi c Center Dri ve to 1st Street N/ S 1/12/2023 24-33 77 32 25 25 No Change, High Pedestrian Activity, On-Street Parking 21 1st Street to McFadden Avenue N/ S To be posted prima facie 25 MPH. Deleted from survey segments 22 McFadden Avenue to Edinger Avenue N/ S To be posted prima facie 25 MPH. Deleted from survey segments 23 Edinger Avenue to Main Street 250' N/O Warner Avenue N/ S To be posted prima facie 25 MPH. Deleted from survey segments Cabrillo Park Drive/Sherry Lane 24 17th Street to 4th Street N /S 1/17/2023 32-41 73 41 35 35 No Change, High Accident Rate, Horizontal Curve, Park Cambridge Street 25 North City Limit/SR-22 to Fairhaven Avenue N /S 12/15/2022 35-44 78 42 40 40 No Change Chestnut Avenue 26 Main Street to Standard Avenue E/ W 11/15/2022 24-33 77 32 30 30 No Change 27 Standard Avenue to Grand Avenue E/W 1 1/15/2022 26-35 88 34 35 35 No Change 28 Grand Avenue to El k Lane/Mai n Street/East Ci ty Li mi t E/W 1 1/15/2022 30-39 77 40 35 35 No Change, High Pedestrian Activity, Continuity of Speed, Multiple Driveways Civic Center Drive 29 Fai rvi ew Street to Bri stol Street E/ W 11/15/2022 33-42 83 41 35 35 No Change, High Accident Rate, Continuity of Speed, Multiple Driveways, On-Street Parking
30 Bri stol Street to Fl ower Street E/W 1 1/15/2022 32-41 71 41 35 35 No Change, Bike Lane, High Accident Rate, Continuity of Speed 31 Fl ower Street to Broadway E/W 1 1/15/2022 26-35 71 36 25 25 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Bike L ane , High Pe de strian A ctivity, Multiple Drive ways 32 Broadway to French Street E/W 1 1/15/2022 23-32 86 31 25 25 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Bike L ane /Route , High Pe de strian A ctivity, Multiple Drive ways, Traffic Circle s Dyer Road 33 Fl ower Street to Mai n Street E/ W 12/7/2022 35-44 71 45 40 40 N o Change , Railroad, Bike Trail Crossings 34 Mai n Street to Hal l aday Street E/W 1 2/7/2022 35-44 65 47 40 40 No Change 35 Halladay Street to SR-55 SB Off-Ramp E/W 1 2/7/2022 34-43 79 43 40 40 No Change 36 SR-55 SB Off-Ramp to Barranca Parkway/Red Hill Avenue E/W 1 2/7/2022 37-46 70 46 40 45 Increase, 85th %, Continuity of Speed, 55 MPH in Irvine Table 2: 2022 Segment Spot Speed Summary
City of Santa Ana
EXHIBIT 1
City Council
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Engineering & Traffic Survey for Speed Limit Updates
13 10-Mile % in 85th Existing Recommended
Location Segment Limits Dir. Date Pace 10-Mile Percentile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph)
Edinger Avenue 37 West City Limit E/O Euclid Street to Richardson Street E/W 11/29/2022 35-44 75 43 40 40 No Change 38 Santa Ana Ri ver to Fai rvi ew Street E/W 11/29/2022 35-44 73 43 40 40 No Change 39 Fairview Street to Raitt Street E/W 11/29/2022 34-43 77 42 35 35 No change, Bike Lane, High Accident Rate, High Pedestrian Activity, Multiple Driveways 40 Raitt Street to Bristol Street E/W 11/29/2022 37-46 76 43 35 35 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Bi ke Lane, Hi gh Acci dent Rate, Mul ti pl e Dri veways, On-Street Parki ng 41 Bri stol Street to Fl ower Street E/W 11/29/2022 33-42 67 44 40 40 No change, Bike lane 42 Fl ower Street to Mai n Street E/W 11/29/2022 36-45 73 44 40 40 No Change, High Accident Rate 43 Main Street to Standard Avenue E/W 11/29/2022 35-44 69 45 40 40 No Change, Bike Lane, Continuity of Speed 44 Standard Avenue to Ritchey Street E/W 11/29/2022 36-45 70 45 45 45 No Change 45 Ritchey Street to Auto Mall Drive/SR-55 SB Off-Ramp E/W 11/29/2022 35-44 68 45 45 45 No Change Euclid Street 46 Westmi nster Avenue to 1st Street N/S 11/10/2022 35-44 75 45 40 40 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Multiple Drive ways
47 1st Street to Lehnhardt Avenue N/S 11/10/2022 37-46 80 45 45 45 No Change Fairhaven Avenue 48 Grand Avenue to Linwood Avenue E/W 12/15/2022 33-42 65 43 40 40 No Change 49 Li nwood Avenue to Greengrove Street (East Ci ty Li mi t) E/W 12/15/2022 35-44 70 45 40 40 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS)
Fairview Street 50 SR-22 EB Off-Ramp to 5th Street N/S 11/9/2022 37-46 72 46 45 45 No Change 51 5th Street to Edinger Avenue N/S 11/9/2022 39-48 66 50 45 45 No Change, Continuity of Speed, Horizontal Curve 52 Edinger Avenue to Warner Avenue N/S 11/9/2022 39-48 70 48 45 45 No Change 53 Warner Avenue to Alton Avenue N/S 11/10/2022 36-45 60 50 45 45 No Change, Continuity of Speed, Multiple Driveways 54 Alton Avenue to Sunflower Avenue N/S 11/10/2022 37-46 68 47 45 45 No Change Fifth Street 55 Euclid Street to Harbor Boulevard E/W 1/18/2023 25-34 74 36 30 30 No Change, High Accident Rate, Narrow Roadway, On-Street Parking, Multiple Driveways 56 Harbor Boulevard to Fairview Street E/W 1/18/2023 36-45 67 44 35 35 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate, Continuity of Speed
57 Fai rvi ew Street to Hawl ey Street E/W 11/9/2022 31-40 74 40 35 35 No Change, High Accident Rate, Continuity of Speed, Multiple Driveways, School Zone, Park
First Street 58 West Ci ty Li mi t W/O Eucl i d Street to Newhope Street E/W 12/6/2022 38-47 68 46 40 40 No Change, Bike Lane, Continuity of Speed 59 Newhope Street to Harbor Boul evard E/W 12/6/2022 40-49 61 48 40 40 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate, Continuity of Speed
60 Harbor Boulevard to Raitt Street E/W 12/6/2022 38-47 70 46 40 40 No Change, High Accident Rate, Continuity of Speed, Multiple Driveways 61 Raitt Street to Flower Street E/W 12/6/2022 36-45 68 46 40 40 No Change, High Accident Rate, Continuity of Speed, Multiple Driveways 62 Fl ower Street to Mai n Street E/W 12/6/2022 35-44 74 43 40 40 No Change 63 Main Street to Standard Avenue E/W 12/6/2022 35-44 73 43 40 40 No Change 64 Standard Avenue to Tustin Avenue/East City Limit E/W 12/6/2022 35-44 71 43 40 40 No Change Flower Street 65 17th Street to Santa Ana Boulevard N/S 1/12/2023 30-39 65 42 35 35 No Change, Continuity of Speed, Multiple Driveways 66 Santa Ana Boulevard to Bishop Street N/S 1/12/2023 28-37 78 38 35 35 No Change 67 Bishop Street to Warner Avenue N/S 1/12/2023 27-36 78 36 30 30 No Change, High Accident Rate, Bike Lane, Multiple Driveways, Narrow Roadway 68 Warner Avenue to Sakioka Drive/Sunflower Avenue N/S 1/12/2023 37-46 70 48 40 40 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Bike Trail, High A ccide nt Rate
Fourth Street 69 Morti mer Street to McCl ay Street E/W 12/15/2022 32-41 82 39 35 35 No Change 70 McClay Street to I-5 SB Off-Ramp E/W 12/15/2022 34-43 74 43 35 35 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Continuity of Speed
71 I-5 SB Off-Ramp to SR-55 SB On-Ramp E/W 12/15/2022 32-41 73 42 35 35 No Change, Continuity of Speed, Multiple Driveways, 40 mph in Tustin Table 2: 2022 Segment Spot Speed Summary
City of Santa Ana
City Council
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4 8/29/2023
Engineering & Traffic Survey for Speed Limit Updates
14 10-Mile % in 85th Existing Recommended
Location Segment Limits Dir. Date Pace 10-Mile Percentile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph)
Grand Avenue 72 SR-22 Ramps to Fairhaven Avenue N/S 12/14/2022 31-40 80 39 35 35 No Change 73 Fairhaven Avenue to Santa Clara Avenue N/S 12/14/2022 38-47 66 46 40 40 No Change, Bike Lane, Continuity of Speed, On-Street Parking 74 Santa Cl ara Avenue to 17th Street N/S 12/14/2022 37-46 75 44 40 40 No Change 75 17th Street to 1st Street N/S 11/15/2022 33-42 71 41 40 40 No Change 76 1st Street to McFadden Avenue N/S 11/15/2022 36-45 64 47 45 45 No Change 77 McFadden Avenue to Edinger Avenue N/S 12/14/2022 37-46 71 46 45 45 No Change 78 Edinger Avenue to Warner Avenue N/S 12/14/2022 36-45 69 47 45 45 No Change 79 Warner Avenue to Dyer Road N/S 12/14/2022 36-45 66 47 45 45 No Change Greenville Street 80 Edinger Avenue to Warner Avenue N/S 12/1/2022 30-39 80 38 30 30 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate, High Pedestrian Activity, Residential 81 Warner Avenue to Sunflower Avenue/Wimbledon Way N/S 12/1/2022 37-46 65 45 35 35 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Multiple Drive ways
Halladay Street 82 Warner Avenue to Dyer Road N/S 1/17/2023 29-38 76 38 30 30 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Lane Drop
83 Dyer Road to Alton Avenue N/S 1/17/2023 24-33 72 34 30 30 No Change Harbor Boulevard 84 Westmi nster Avenue to 5th Street N/S 1/18/2023 35-44 70 46 40 40 No Change, Bi ke Lane, Mul ti pl e Dri veways 85 5th Street to 1st Street N/S 1/18/2023 33-42 70 42 40 40 No Change 86 1st Street to 600' S/O Kent Avenue N/S 1/11/2023 34-43 74 44 40 40 No Change 87 North Ci ty Li mi t N/O Warner Avenue to Segerstrom Avenue N/S 1/11/2023 37-46 72 47 40 40 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS)
88 Segerstrom Avenue to MacArthur Boul evard N/S 1/11/2023 37-46 64 48 40 40 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS)
Hazard Avenue 89 Euclid Street to Harbor Boulevard E/W 1/18/2023 29-38 80 37 30 30 No Change, Hi gh Acci dent Rate, Bi ke Lane, On-Street Parki ng Lake Center Drive 90 Harbor Boulevard to Susan Street E/W 1/19/2023 25-34 73 35 35 35 No Change Lincoln Avenue 91 Fairhaven Avenue to Santa Clara Avenue N/S 1/11/2023 29-38 62 39 35 35 No Change, High Accident Rate 92 Santa Cl ara Avenue to 17th Street N/S 1/11/2023 31-40 73 40 35 35 No Change, Continuity of Speed, Narrow Road, On-Street Parking 93 17th Street to Washington Avenue N/S 1/11/2023 31-40 80 39 35 35 No Change, High Accident Rate Lyon Street 94 1st Street to McFadden Avenue N/S 1/17/2023 31-40 80 40 35 35 No Change, High Accident Rate, Narrow Road, On-Street Parking 95 McFadden Avenue to Edinger Avenue N/S 1/17/2023 33-42 74 41 35 35 No Change, Continuity of Speed, School Zone 96 Edinger Avenue to St Andrew Place N/S 1/17/2023 29-38 79 37 35 35 No Change, High Accident Rate MacArthur Boulevard 97 Harbor Boulevard to Fairview Street E/W 1/11/2023 35-44 73 44 40 40 No Change 98 Fai rvi ew Street to Mai n Street E/W 1/11/2023 38-47 69 47 40 40 No Change, Continuity of Speed 99 Main Street to SR-55 E/W 1/11/2023 35-44 71 44 40 40 No Change MainPlace Drive 100 Main Street (N) to Broadway E/W 3/28/2023 28-37 78 36 35 35 No Change 101 Broadway to Main Street (S) E/W 1/24/2023 28-37 73 36 35 35 No Change Table 2: 2022 Segment Spot Speed Summary
City of Santa Ana
City Council
20 –
5 8/29/2023
Engineering & Traffic Survey for Speed Limit Updates
15 10-Mile % in 85th Existing Recommended
Location Segment Limits Dir. Date Pace 10-Mile Percentile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph)
Main Street 102 North City Limit/SR-22 to 17th Street N/S 3/23/2023 31-40 72 39 35 35 No Change 103 17th Street to Washington Avenue N/S 3/23/2023 32-41 81 39 35 35 No Change, High Accident Rate 104 Washington Avenue to 1st Street N/S 6/1/2023 29-38 74 40 30 30 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate
105 1st Street to Chestnut Avenue N/S 3/23/2023 26-35 82 34 35 35 No Change 106 Chestnut Avenue to Edinger Avenue N/S 3/23/2023 29-38 77 38 35 35 No Change, High Accident Rate 107 Edinger Avenue to Warner Avenue N/S 3/23/2023 28-37 80 35 35 35 No Change 108 Warner Avenue to Goetz Avenue N/S 3/23/2023 36-45 69 44 40 40 No Change 109 Goetz Avenue to MacArthur Boulevard N/S 3/28/2023 34-43 68 44 40 40 No Change 110 MacArthur Boulevard to Sunflower Avenue N/S 3/28/2023 38-47 67 48 45 45 No Change McFadden Avenue 111 West City Limit/Sail Street to Euclid Street E/W 11/30/2022 37-46 70 47 40 40 No Change, Bike Lane, Continuity of Speed, 40 mph in City of Westminster 112 Eucl i d Street to Newhope Street E/W 11/30/2022 37-46 68 45 40 40 No Change, Bike Lane, Continuity of Speed 113 Newhope Street to Harbor Boul evard E/W 12/1/2022 38-47 74 46 40 40 No Change, Bike Lane, Continuity of Speed 114 Harbor Boulevard to Fairview Street E/W 11/30/2022 36-45 68 46 40 40 No Change, High Pedestrian Activity, Horizontal Curve, Limited Sight Distance 115 Fairview Street to Raitt Street E/W 11/30/2022 32-41 73 43 35 35 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate
116 Raitt Street to Bristol Street E/W 11/30/2022 33-42 69 44 35 35 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate
117 Bri stol Street to Fl ower Street E/W 11/30/2022 27-36 81 36 30 30 No Change, High Accident Rate, Narrow Road, On-Street Parking 118 Fl ower Street to Mai n Street E/W 11/30/2022 27-36 87 35 35 35 No Change 119 Main Street to Standard Avenue E/W 11/30/2022 29-38 72 38 35 35 No Change, High Accident Rate 120 Standard Avenue to Grand Avenue E/W 11/30/2022 31-40 74 39 35 35 No Change, High Accident Rate 121 Grand Avenue to East City Limit E/W 11/30/2022 31-40 70 42 35 35 No Change, High Accident Rate, Continuity of Speed Memory Lane 122 West City Limit/Santa Ana River to Bristol Street E/W 1/18/2022 36-45 68 46 40 40 No Change, Continuity of Speed, 40 MPH in Garden Grove 123 Bri stol Street to Fl ower Street E/W 1/18/2022 32-41 79 41 35 35 No Change, Bi ke Lane, On-Street Parki ng 124 Mai n Street/Mai nPl ace Dri ve to Parker Street/North Ci ty Li mi t E/W 1/18/2022 33-42 69 42 35 35 No Change, Adjacent to Senior Center, Horizontal Curve, Lane Drop Newhope Street 125 Westmi nster Avenue to 1st Street N/S 11/29/2022 36-45 67 44 35 35 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), Bi ke Lane
126 1st Street to Edinger Avenue N/S 11/29/2022 32-41 76 40 35 35 No Change, Bi ke Lane Pullman Street 127 Warner Avenue to Dyer Road N/S 1/19/2023 32-41 72 41 40 40 No Change 128 Dyer Road to Garry Avenue N/S 1/19/2023 32-41 76 41 40 40 No Change Raitt Street 129 1st Street to Willits Street N/S 12/14/2022 27-36 85 34 30 30 No Change 130 Willits Street to McFadden Avenue N/S 12/14/2022 31-40 79 40 35 35 No Change, High Accident Rate, High Pedestrian Activity, On-Street Parking, Midblock Crosswalk
131 McFadden Avenue to Edinger Avenue N/S 12/14/2022 38-47 71 47 40 40 No Change, High Accident Rate, On-Street Parking, No Left-Turn Pockets 132 Edinger Avenue to Saint Gertrude Place N/S 11/17/2022 36-45 71 46 40 40 No Change, High Accident Rate, Continuity of Speed, School 133 Saint Gertrude Place to Warner Avenue N/S 11/17/2022 34-43 79 42 40 40 No Change 134 Warner Avenue to Segerstrom Avenue N/S 11/17/2022 32-41 74 42 40 40 No Change 135 Segerstrom Avenue to Al ton Avenue N/S 11/17/2022 33-42 73 44 40 40 No Change 136 MacArthur Boulevard to Fuchsia Street/Sunflower Avenue N/S 1/19/2023 27-36 66 38 35 35 No Change Ritchey Street 137 McFadden Avenue to Edinger Avenue N/S 1/24/2023 32-41 71 39 40 40 No Change 138 Edi nger Avenue to Wri ght Street N/S 1/24/2023 32-41 39 42 45 45 No Change Table 2: 2022 Segment Spot Speed Summary
City of Santa Ana
City Council
20 –
6 8/29/2023
Engineering & Traffic Survey for Speed Limit Updates
16 10-Mile % in 85th Existing Recommended
Location Segment Limits Dir. Date Pace 10-Mile Percentile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph)
Santa Ana Boulevard 139 Raitt Street to Bristol Street E/W 35 Under Construction 140 Bri stol Street to Fl ower Street E/W 35 Under Construction 141 Fl ower Street to Ross Street E/W 30 Under Construction 142 Ross Street to French Street E/W 25 Under Construction 143 French Street to Santi ago Street E/W 30 Under Construction 144 Santiago Street to Grand Avenue E/W 35 Under Construction Santa Clara Avenue 145 Lincoln Avenue to Grand Avenue E/W 11/9/2022 28-37 80 36 35 35 No Change 146 Grand Avenue to Wright Street E/W 11/9/2022 37-46 76 44 40 40 No Change 147 Wright Street to Tustin Avenue E/W 11/9/2022 35-44 75 44 40 40 No Change 148 Tustin Avenue to East City Limit/SR-55 E/W 11/9/2022 36-45 80 43 40 40 No Change Segerstrom Avenue 149 West Ci ty Li mi t/Santa Ana Ri ver to Bear Street E/W 1/24/2023 37-46 63 46 40 40 No Change, Hori zontal Curve near Rai tt Street, Lane Drop 150 Bear Street to Fl ower Street E/W 6/1/2023 34-43 61 46 40 40 No Change, Horizontal Curve east of Bristol Street, School zone (Saddleback High School) Seventeenth Street 151 Buena Street/West Ci ty Li mi t to Fai rvi ew Street E/W 11/10/2022 35-44 68 46 40 40 No Change, Continuity of Speed 152 Fai rvi ew Street to Bri stol Street E/W 1/17/2023 36-45 69 44 40 40 No Change 153 Bri stol Street to Fl ower Street E/W 1/17/2023 34-43 69 43 40 40 No Change, High Accident Rate 154 Fl ower Street to Mai n Street E/W 1/12/2023 32-41 79 39 35 35 No Change 155 Mai n Street to Eastsi de Avenue/Wri ght Street E/W 1/12/2023 30-39 75 39 35 35 No Change 156 Eastside Avenue/Wright Street to Tustin Avenue E/W 1/17/2023 34-43 69 43 40 40 No Change Standard Avenue 157 1st Street to Chestnut Avenue N/S 11/16/2022 25-34 71 34 30 30 No Change 158 Chestnut Avenue to McFadden Avenue N/S 11/16/2022 32-41 73 40 30 30 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate
159 McFadden Avenue to Edinger Avenue N/S 11/17/2022 32-41 62 40 30 30 No Change, AB 43 (Per City records, no changes in roadway configuration since last E&TS), High Accident Rate
160 Edinger Avenue to Warner Avenue N/S 11/17/2022 32-41 60 41 35 35 No Change, High Accident Rate, On-Street Parking Susan Street 161 Harvard Street to Pendleton Avenue N/S 12/6/2022 26-35 69 37 35 35 No Change 162 Warner Avenue to MacArthur Boulevard N/S 12/6/2022 30-39 64 38 35 35 No Change 163 MacArthur Boulevard to Sunflower Avenue N/S 12/6/2022 32-41 73 38 35 35 No Change Third Street 164 Lacy Street to Spurgeon Street E/W To be posted prima facie 25 MPH. Deleted from survey segments Tustin Avenue 165 North Ci ty Li mi t/Fai rhaven Avenue to 17th Street N/S 12/15/2022 38-47 75 46 40 40 No Change, High Accident Rate, Continuity of Speed, Multiple Driveways 166 17th Street to Fruit Street N/S 12/15/2022 34-43 79 42 40 40 No Change 167 Fruit Street to 1st Street N/S 12/15/2022 38-47 75 46 40 40 No Change, Continuity of Speed, On-Street Parking Warner Avenue 168 West Ci ty Li mi t W/O Harbor Boul evard to Fai rvi ew Street E/W 11/30/2022 39-48 66 48 45 45 No Change 169 Fairview Street to Raitt Street E/W 11/30/2022 40-49 66 48 45 45 No Change 170 Raitt Street to Bristol Street E/W 12/7/2022 37-46 72 47 45 45 No Change 171 Bri stol Street to Fl ower Street E/W 12/7/2022 32-41 75 44 40 40 No Change, High Accident Rate 172 Fl ower Street to Mai n Street E/W 1/24/2023 36-45 68 46 40 40 No Change, High Accident Rate, Continuity of Speed 173 Main Street to Grand Avenue E/W 3/28/2023 33-42 67 43 40 40 No Change, High Accident Rate 174 Grand Avenue to SR-55 E/W 12/7/2022 36-45 66 47 45 45 No Change 175 SR-55 to Redhill Avenue E/W 12/7/2022 37-46 70 46 45 45 No Change Westminster Avenue 176 Eucl i d Street to Newhope Street E/W 11/10/2022 37-46 72 46 45 45 No Change 177 Newhope Street to Cl i nton Street E/W 11/10/2022 35-44 65 47 45 45 No Change Table 2: 2022 Segment Spot Speed Summary
City of Santa Ana
City Council
20 –
7 8/29/2023
Ordinance No. NS-XXX
O
RDINANCE NO. NS-XXX
A
N ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING AND
REENACTING IN ITS ENTIRETY ARTICLE VII OF
CHAPTER 36 OF THE SANTA ANA MUNICIPAL
CODE ESTABLISHING PRIMA FACIE SPEED
LIMITS
T
HE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
S ECTION 1 . The City Council of the City of Santa Ana hereby finds, determines, and declares as follows.
A. S
ections 22357 and 2235 8 of the California Vehicle Code authorize local authorities to declare prima facie speed limits at the rate found reasonable, safe, and most appropriate to facilitate the orderly movement of traffic based on engineering and traffic surveys.
B. S
ections 40801 and 40802 of the C alifornia Vehicle Code require that engineering and traffic surv eys be conducted within five years prior to the date of an alleged violation of such speed limit s if enforcement of the speed limits involves the use of radar or any other electronic device that measures the speed of moving objects.
C. T
he City of Santa Ana last completed an engineering and traffic survey in 2016 and completed a new study in 2023 in accordance with the above law.
D. B
ased on the 20 23 study, the prima facie speed limits set forth in Article VII of Chapter 36 of the Santa Ana Municipal Code shall be updated by repealing and reenacting in its entirety Article VII of Chapter 36 of the Santa Ana Municipal Code, consisting of Sections 36-227 through 36-397.
S ECTION 2. Article VII of Chapter 36 of the Santa Ana Municipal Code is hereby repealed in its entirety and reenacted in its entirety as follows:
A
RTICLE VII. PRIMA FACIE SPEED LIMITS
S
ec. 36-227. Prima facie speed limits in general.
T
he City Council of the City of Santa Ana determines and declares, upon the basis of engineering and traffic surveys made on or after August 29, 2023, which surveys are public records on file in the offices of the Public Works Agency of the C ity, that the prima facie speed limits specified in those sections are reasonable, safe and most appropriate to facilitate the orderly movement of traffic upon the streets and portions of streets specified in those sections, which streets and portions of streets EXHIBIT 2
City Council
20 –
8 8/29/2023
Ordinance No. NS-XXX
would otherwise be subject to the prima facie speed limits established in the California Vehicle Code.
These prima facie speed limits shall be effective when appropriate signs giving notice thereof are erected upon the streets and portions of streets to which they pertain.
The provisions of this article shall not apply to any twenty -five (25) mile per hour prima facie speed limit which is applicable when passing a school or the grounds thereof.
Sec. 36-228. Alton Avenue.
The speed limits (in miles per hour) for the following portions of Alton Avenue are as follows:
Between Susan Street and Greenville Street 45
Between Greenville Street and Bristol Street 45
Between Main Street and Standard Avenue 40
Sec. 36-229. Bear Street.
The speed limits (in miles per hour) for the following portions of Bear Street are as follows:
Between Sunflower Avenue and MacArthur Boulevard 40
Between MacArthur Boulevard and Alton Avenue 40
Between Alton Avenue and Segerstrom Avenue 40
Sec. 36-230. Bristol Street.
The speed limits (in miles per hour) for the following portions of Bristol Street are as follows:
Between Hesperian St/SR 22 EB On-Ramp & Santa Clara Ave. 40 Between Santa Clara Avenue and Seventeenth Street 40
Between Seventeenth Street and Civic Center Drive 40
Between Civic Center Drive and First Street 40
Between First Street and McFadden Avenue 40
Between McFadden Avenue and Edinger Avenue 40
Between Edinger Avenue and Warner Avenue 40
Between Warner Avenue and Segerstrom Avenue 40
Between Segerstrom Avenue and MacArthur Boulevard 40
Between MacArthur Boulevard and Sunflower Avenue 40
City Council
20 –
9 8/29/2023
Ordinance No. NS-XXX
Sec. 36-231. Broadway and Broadway Place.
The speed limits (in miles per hour) for the following portions of Broadway and Broadway Place are as follows:
Between MainPlace Drive and Seventeenth Street 40
Between Seventeenth Street and Washington Avenue 35
Between Washington Avenue and Civic Center Drive 30
Between Civic Center Drive and First Street 25
Sec. 36-232. Cabrillo Park Drive.
The speed limit (in miles per hour) for the following portion of Cabrillo Park Drive is as follows:
Between Seventeenth Street and Fourth Street 35
Sec. 36-233. Cambridge Street.
The speed limit (in miles per hour) for the following portions of Cambridge Street is as follows:
Between the North City Limit (NCL)/Route 22
and Fairhaven Avenue 40
Sec. 36-234. Chestnut Avenue.
The speed limits (in miles per hour) for the following portions of Chestnut Avenue are as follows:
Between Main Street and Standard Avenue 30
Between Standard Avenue and Grand Avenue 35
Between Grand Avenue and the East City
Limit (ECL)/Elk Lane/Main Street 35
Sec. 36-235. Civic Center Drive.
The speed limits (in miles per hour) for the following portions of Civic Center Drive are as follows:
Between Fairview Street and Bristol Street 35
Between Bristol Street and Flower Street 35
Between Flower Street and Broadway 25
Between Broadway and French Street 25
City Council
20 –
10 8/29/2023
Ordinance No. NS-XXX
Sec. 36-236. Dyer Road.
The speed limits (in miles per hour) for the following portions of Dyer Road are as follows:
Between Flower Street and Main Street 40
Between Main Street and Halladay Street 40
Between Halladay Street and Route 55 Freeway Off-Ramp 40 Between Route 55 Freeway Off-Ramp and Barranca
Parkway/Red Hill Avenue 45
Sec. 36-237. Edinger Avenue.
The speed limits (in miles per hour) for the following portions of Edinger A venue are as follows:
Between the West City Limit (WCL) east of
Euclid Street and Richardson Street 40
Between Santa Ana River (WCL) and Fairview Street 40
Between Fairview Street and Raitt Street 35
Between Raitt Street and Bristol Street 35
Between Bristol Street and Flower Street 40
Between Flower Street and Main Street 40
Between Main Street and Standard Avenue 40
Between Standard Avenue and Ritchey Street 45
Between Ritchey Street and the East City Limit (ECL) 45
Sec. 36-238. Euclid Street.
The speed limits (in miles per hour) for the following portions of Euclid Street are as follows:
Between Westminster Avenue and First Street 40
Between First Street and the South City Limit
(SCL)/Lenhardt Avenue 45
Sec. 36-239. Fairhaven Avenue.
The speed limits (in miles per hour) for the following portions of Fairhaven Avenue are as follows:
Between Grand Avenue and Linwood Avenue 40
Between Linwood Avenue and Greengrove Street
East City Limit (ECL) 40
City Council
20 –
11 8/29/2023
Ordinance No. NS-XXX
Sec. 36-240. Fairview Street.
The speed limits (in miles per hour) for the following portions of Fairview Street are as follows:
Between Route 22 EB Off-Ramp and Fifth Street 45
Between Fifth Street and Edinger Avenue 45
Between Edinger Avenue and Warner Avenue 45
Between Warner Avenue and Alton Avenue 45
Between Alton Avenue and Sunflower Avenue 45
Sec. 36-241. Fifth Street.
The speed limits (in miles per hour) for the following portions of Fifth Street are as follows:
Between Euclid Street and Harbor Boulevard 30
Between Harbor Boulevard and Fairview Street 35
Between Fairview Street and Hawley Street 35
Sec. 36-242. First Street.
The speed limits (in miles per hour) for the following portions of First Street are as follows:
Between the West City Limit (WCL) west of
Euclid and Newhope Street 40
Between Newhope Street and Harbor Boulevard 40
Between Harbor Boulevard and Raitt Street 40
Between Raitt Street and Flower Street 40
Between Flower Street and Main Street 40
Between Main Street and Standard Avenue 40
Between Standard Avenue and Tustin Avenue/the East
City Limit (ECL) 40
Sec. 36-243. Flower Street.
The speed limits (in miles per hour) for the following portions of Flower Street are as follows:
Between Seventeenth Street and Santa Ana Boulevard 35
Between Santa Ana Boulevard and Bishop Street 35
Between Bishop Street and Warner Avenue 30
Between Warner Avenue and Sakioka Drive/Sunflower Avenue 40
City Council
20 –
12 8/29/2023
Ordinance No. NS-XXX
Sec. 36-244. Fourth Street.
The speed limits (in miles per hour) for the following portions of Fourth Street are as follows:
Between Mortimer Street and McClay Street 35
Between McClay Street & Interstate 5 Freeway SB Off-Ramp 35 Between Interstate 5 Freeway SB Off-Ramp &
Route 55 Freeway 35
Sec. 36-245. Grand Avenue.
The speed limits (in miles per hour) for the following portions of Grand Avenue are as follows:
Between the North City Limit (NCL)/ SR 22
Ramps and Fairhaven Avenue 35
Between Fairhaven Avenue and Santa Clara Avenue 40
Between Santa Clara Avenue and Seventeenth Street 40
Between Seventeenth Street and First Street 40
Between First Street and McFadden Avenue 45
Between McFadden Avenue and Edinger Avenue 45
Between Edinger Avenue and Warner Avenue 45
Between Warner Avenue and Dyer Road 45
Sec. 36-246. Greenville Street.
The speed limits (in miles per hour) for the following portions of Greenville Street are as follows:
Between Edinger Avenue and Warner Avenue 30
Between Warner Avenue & Sunflower Avenue /
Wimbledon Way 35
Sec. 36-247. Halladay Street.
The speed limits (in miles per hour) for the following portions of Halladay Street are as follows:
Between Warner Avenue and Dyer Road 30
Between Dyer Road and Alton Avenue 30
City Council
20 –
13 8/29/2023
Ordinance No. NS-XXX
Sec. 36-248. Harbor Boulevard.
The speed limits (in miles per hour) for the following portions of Harbor Boulevard are as follows:
Between Westminster Avenue and Fifth Street 40
Between Fifth Street and First Street 40
Between First Street and a point six hundred (600) feet south of Kent Avenue 40
Between the City Limits (N/O Warner) and Segerstrom Avenue 40 Between Segerstrom Avenue and MacArthur Boulevard 40
Sec. 36-249. Hazard Avenue.
The speed limit (in miles per hour) for the following portion of Hazard Avenue is as follows:
Between Euclid Street and Harbor Boulevard 30
Sec. 36-250. Lake Center Drive.
The speed limit (in miles per hour) for the following portion of Lake Center Drive is as follows:
Between Harbor Boulevard and Susan Street 35
Sec. 36-251. Lincoln Avenue.
The speed limits (in miles per hour) for the following portion of Lincoln Avenue are as follows:
Between Fairhaven Avenue and Santa Clara Avenue 35
Between Santa Clara Avenue and Seventeenth Street 35
Between Seventeenth Street and Washington Avenue 35
Sec. 36-252. Lyon Street.
The speed limits (in miles per hour) for the following portion of Lyon Street are as follows:
Between First Street and McFadden Avenue 35
Between McFadden Avenue and Edinger Avenue 35
Between Edinger Avenue and Saint Andrew Place 35
City Council
20 –
14 8/29/2023
Ordinance No. NS-XXX
Sec. 36-253. MacArthur Boulevard.
The speed limits (in miles per hour) for the following portion of MacArthur Boulevard are as follows:
Between the West City Limit (WCL) at
Harbor Boulevard and Fairview Street 40
Between Fairview Street and Main Street 40
Between Main Street and the East City Limit (ECL)
at SR 55 40
Sec. 36-254. Main Place Drive.
The speed limit (in miles per hour) for the following portions of Main Place Drive is as follows:
Between Main Street/ North Memory Lane and Broadway 35 Between Broadway and Main Street/S Town & Country Road 35
Sec. 36-255. Main Street.
The speed limits (in miles per hour) for the following portions of Main Street are as follows:
Between the North City Limit (NCL) at SR 22
and Seventeenth Street 35
Between Seventeenth Street and Washington Avenue 35
Between Washington Avenue and First Street 30
Between First Street and Chestnut Avenue 35
Between Chestnut Avenue and Edinger Avenue 35
Between Edinger Avenue and Warner Avenue 35
Between Warner Avenue and Goetz Avenue 40
Between Goetz Avenue and MacArthur Boulevard 40
Between MacArthur Boulevard and Sunflower Avenue 45
Sec. 36-256. McFadden Avenue.
The speed limits (in miles per hour) for the following portions of McFadden Avenue are as follows:
Between the Sail Street/West City Limit (WCL)
and Euclid Street 40
Between Euclid Street and Newhope Street 40
Between Newhope Street and Harbor Boulevard 40
Between Harbor Boulevard and Fairview Street 40
Between Fairview Street and Raitt Street 35
City Council
20 –
15 8/29/2023
Ordinance No. NS-XXX
Between Raitt Street and Bristol Street 35
Between Bristol Street and Flower Street 30
Between Flower Street and Main Street 35
Between Main Street and Standard Avenue 35
Between Standard Avenue and Grand Avenue 35
Between Grand Avenue and the East City Limit (ECL) 35
Sec. 36-257. Memory Lane.
The speed limits (in miles per hour) for the following portions of Memory Lane are as follows:
Between Santa Ana River/West City Limit (WCL)
and Bristol Street 40
Between Bristol Street and Flower Street 35
Between Main Street and the North City Limit (NCL)/
Parker Street 35
Sec. 36-258. Newhope Street.
The speed limits (in miles per hour) for the following portion of Newhope Street are as follows:
Between Westminster Avenue and First Street 35
Between First Street and Edinger Avenue 35
Sec. 36-259. Pullman Street.
The speed limits (in miles per hour) for the following portion of Pullman Street are as follows:
Between Warner Avenue and Dyer Road 40
Between Dyer Road and Garry Avenue 40
Sec. 36-260. Raitt Street.
The speed limits (in miles per hour) for the following portions of Raitt Street are as follows:
Between First Street and Willits Street 30
Between Willits Street and McFadden Avenue 35
Between McFadden Avenue and Edinger Avenue 40
Between Edinger Avenue and Saint Gertrude Place 40
Between Saint Gertrude Place and Warner Avenue 40
Between Warner Avenue and Segerstrom Avenue 40
Between Segerstrom Avenue and Alton Avenue 40
City Council
20 –
16 8/29/2023
Ordinance No. NS-XXX
Between MacArthur Boulevard and Sunflower Avenue 35
Sec. 36-261. Ritchey Street.
The speed li mits (in miles per hour) for the following portions of Ritchey Street are as follows:
Between McFadden Avenue and Edinger Avenue 40
Between Edinger Avenue and Wright Street 45
Sec. 36-262. Reserved.
Sec. 36-263. Santa Clara Avenue.
The speed limits (in miles per hour) for the following portions of Santa Clara Avenue are as follows:
Between Lincoln Avenue and Grand Avenue 35
Between Grand Avenue and Wright Street 40
Between Wright Street and Tustin Avenue 40
Between Tustin Avenue and East City Limit (ECL)/Route 55 40
Sec. 36-264. Segerstrom Avenue.
The speed limits (in miles per hour) for the following portions of Segerstrom Avenue are as follows:
Between Santa Ana River/West City Limit (WCL)
and Spruce Street 40
Between Spruce Street and Flower Street/Dyer Road 40
Sec. 36-265. Seventeenth Street.
The speed limits (in miles per hour) for the following portions of Seventeenth Street are as follows:
Between West City Limit and Fairview Street 40
Between Fairview Street and Bristol Street 40
Between Bristol Street and Flower Street 40
Between Flower Street and Main Street 35
Between Main Street and Wright Street/Eastside Avenue 35 Between Wright Street/Eastside Avenue and Tustin 40
City Council
20 –
17 8/29/2023
Ordinance No. NS-XXX
Sec. 36-266. Standard Avenue.
The speed limits (in miles per hour) for the following portions of Standard Avenue are as follows:
Between First Street and Chestnut Avenue 30
Between Chestnut Avenue and McFadden Avenue 30
Between McFadden Avenue and Edinger Avenue 30
Between Edinger Avenue and Warner Avenue 35
Sec. 36-267. Susan Street.
The speed limits (in miles per hour) for the following portions of Susan Street are as follows:
Between Harvard Street and Pendleton Avenue 35
Between Warner Avenue and MacArthur Boulevard 35
Between MacArthur Boulevard and Sunflower Avenue 35
Sec. 36-268. Reserved.
Sec. 36-269. Tustin Avenue.
The speed limits (in miles per hour) for the following portions of Tustin Avenue are as follows:
Between North City Limit (NCL)/Fairhaven Avenue
and Seventeenth Street 40
Between Seventeenth Street and Fruit Street 40
Between Fruit Street and the South City Limit (SCL)
north of First Street 40
Sec. 36-270. Warner Avenue.
The speed limits (in mile s per hour) for the following portions of Warner Avenue are as follows:
Between the West City Limit (WCL)/Santa Ana River
west of Harbor Boulevard and Fairview Street 45
Between Fairview Street and Raitt Street 45
Between Raitt Street and Bristol Street 45
Between Bristol Street and Flower Street 40
Between Flower Street and Main Street 40
Between Main Street and Grand Avenue 40
Between Grand Avenue and the Route 55 Freeway 45
Between the Route 55 Freeway and Red Hill Avenue 45
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Ordinance No. NS-XXX
Sec. 36-271. Westminster Avenue.
Between Euclid Street and Newhope Street 45
Between Newhope Street and Clinton Street 45
Sec. 36-272 – 36-397. Reserved.
SECTION 3. 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 4. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be c onstrued as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.
ADOPTED this 29TH day of August, 2023.
_______________________
Valeria Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
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Ordinance No. NS-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance a dopted 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: ________________ ____________________________________ City Clerk
City of Santa Ana
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City Council Meeting Date
August 29, 2023
Subject
Rent Stabilization and Just Cause Eviction Ordinance Amendments Councilmember-Requested Item Title
Discuss and consider directing the City Manager to prepare an ordinance for City Council’s consideration to amend the City of Santa Ana’s Rent Stabilization and Just Cause Eviction Ordinance to require supermajority approval of the total number of Councilmembers for certain future amendments to the ordinance.
Discussion
After many years of painstaking advocacy by residents, the City of Santa Ana’s Rent Stabilization Ordinance (“RSO”)1 and Just Cause Eviction Ordinance (“JCEO”) 2 were adopted in fall 2021, and amended in fall 2022,3 as the first city-wide rent stabilization ordinance in Orange County. Since its adoption, the City of Santa Ana has adopted a $100 annual Rental Registry fee 4 to establish a Rental Registry, support a Rental Board, and hire staff to support programs implementing the provisions of the RSO and JCEO.
Since its adoption, rent stabilization ordinances have been contemplated and adopted throughout the United States. Most recently, the White House lauded Santa Ana’s Rental Registry as a model for supporting renters who are increasingly facing evictions, homelessness, and displacement due to skyrocketing rents.5
The RSO is one tool in Santa Ana’s toolbox to help address the housing crisis. Rent stabilization 1 Ordinance No. NS-3009.
2 Ordinance No. NS-3010.
3 Ordinance No. NS-3027.
4 Resolution No. 2023-031 (adopted June 6, 2023).
5 The White House, “White House Fact Sheet: Biden-Harris Administration Takes Action to Protect Renters,” accessed July 27, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/27/fact-sheet- biden-harris-administration-takes-action-to-protect-
renters/#:~:text=Santa%20Ana's%20new%20rental%20registry,and%20supports%20to%20qualified%20household s.
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does just that—it stabilizes residents, their families, and the communities in which they live.
Homeowners have “mortgage control” in the form of 1978’s Proposition 13, which prohibits the government from increasing property taxes more than 1% of a property’s market value at the time of acquisition per year and limited the growth of a home’s taxable value to 2% a year. 6 Renters make up approximately 55% of Santa Ana residents, 7 many of whom have lived in the same unit for decades, and they deserve the same stability as homeowners. Most recently, a group of 32 economist signed a joint letter to the Federal Housing Finance Agency in support of rent stabilization.8 The JCEO is one other tool in the City’s toolbox that addresses the housing crisis and helps to alleviate one of the causes of homelessness. The JCEO helps to ensure that tenants who timely pay their rents and who comply with provisions of their rental agreement are not unfair evicted. In particular, the JCEO provides that tenants who are evicted for no-fault just cause receive some assistance relocating.
Exhibit A to this Council Requested Item Memorandum is an Ordinance Amending the City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance. It would require a supermajority of the total number of Councilmembers (five out of seven) to adopt an amendment to the RSO and JCEO relating to:
1. The RSO’s repeal;
2. The JCEO’s repeal;
3. Increasing the maximum allowable annual rent increase above 3% per year or 100% of the Consumer Price Index (as defined in the RSO) or whichever is lower;
4. Dissolution of the Rental Registry and/or the Rental Registry fee;
5. Dissolution of the Rental Board;
6. Removal or amendment of circumstances established as no-fault just cause for purposes of eviction; and/or
7. Changes to the RSO which may have the same or substantially similar results as items 1- 6 listed above.
The amendments to the RSO and JCEO as evidenced in the attached Exhibit A are crucial for ensuring the continuity and longevity of these protections.
Submitted By
•Councilmember Thai Viet Phan
Attachment
•Exhibit A - An Ordinance of the City Council of the City of Santa Ana Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances
6 Matt Levin, “What is Prop 13?”accessed August 17, 2023, https://projects.scpr.org/prop-13/history/. 7 See United States Census Bureau, QuickFacts, accessed August 17, 2023, https://www.census.gov/quickfacts/fact/table/santaanacitycalifornia/HSG445221#HSG445221. 8 Letter re Tenant Protections for Enterprise-Backed Multifamily Properties Request for Input (July 28, 2023), https://peoplesaction.org/wp-content/uploads/2023/07/Economist-Sign-on-Letter_-FHFA-RFI-Response-1.pdf.
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Ordinance No. NS - ____
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8
OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO
THE RENT STABILIZATION AND JUST CAUSE EVICTION
ORDINANCES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines, and declares as follows:
A. At the City Council meetings on September 21, 2021, and October 5, 2021, the City Council discussed the City of Santa Ana's (“Santa Ana” or “City”) ability to address rent increases on residential real property and in mobilehome parks wherein hundreds of City residents provided spoken and written comments about their experiences of landlords purporting tenant crimes without proof as justification for evictions, unjust rent increases without a proportional increase in the quality of housing provided, and various quality of life issues as residents, renters, and property owners in Santa Ana.
B. On October 19, 2021, the City Council adopted Ordinance No. NS- 3009, known as the Rent Stabilization Ordinance (“RSO”) and Ordinance No. NS-3010, known as the Just Cause Eviction Ordinance (“JCEO”) appearing as Article X, Division 4 and Division 5 in the Santa Ana Municipal Code (“SAMC”). The RSO and JCEO were adopted to regulate rent increases and evictions in certain rental properties and mobilehome spaces in the City of Santa Ana.
C. The findings in Ordinance No. NS-3009 and Ordinance No. NS-3010 articulate that significant rent increases and housing instability pose a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in Santa Ana. These findings are still true and incorporated herein.
D. Additionally, the City Council adopted Resolution No. 2021-054, directing staff to:
(1) Conduct further study of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and, (2) Include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof.
E. On October 4, 2022, the City Council adopted amendments to the RSO and JCEO to implement efficient and effective program services to rental property
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Ordinance No. NS - ____
owners and tenants and promote long-term sustainability of the programs, which include:
1. Create a Rental Housing Board;
2. Create a Rental Registry;
3. Adopt a Rental Registry Fee;
4. Develop a Work Plan;
5. Conduct a Fee Study Based on the Work Plan and Staffing Needs;
6. Expand Compliance Activities;
7. Create a Capital Improvement Petition and Tenant Petition;
8. Establish Petition Fees and a Petition Review Process;
9. Create a Voluntary Mediation Process; and,
10. Join the Rent Stabilization Consortium.
F. Since the adoption of the RSO and JCEO, Santa Ana residents have made multiple reports about landlords who have refused to comply with the law relating to rent increase and improper evictions.
G. Requiring supermajority approval for changes to certain provisions in Article XIX in Chapter 8 of the Santa Ana Municipal Code pertaining to the RSO and JCEO shall help to provide tenants, landlords, Mobilehome residents, and interested parties with consistency and ongoing stability relating to the implementation of the RSO and JCEO as well as the programs and services related thereto.
H. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.
I. The City Council finds, determines, and declares that the threat to the public health, safety and welfare of the City and its residents necessitates the enactment of the Ordinance.
J. The Request for City Council Action for amendments to these Ordinances dated _______________, 2023, shall, by this reference, be incorporated herein, and together with this Ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this Ordinance.
Section 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference.
Section 3. Section 8-3103 of Division 1 (Generally) of Article X (Property Maintenance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to read as follows:
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Sec. 8-3103. - Implementing regulations, policies and procedures.
The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures.
The Santa Ana City Council shall not repeal or render ineffective, or take other actions which may have the same or substantially similar results as repealing or rendering ineffective, the Rent Stabilization and Just Cause Eviction Ordinance, without approval of at least a supermajority (5/7) of all members of the City Council.
Section 4. Subsubsection 1) of Subsection (b) of Section 8-3120 (Restrictions on Termination of Tenancy Without Just Cause) of Division 2 (Just Cause Evictions) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to add the following before the phrase “At-fault just cause, which includes any of the following:”:
(1) The Santa Ana City Council shall not remove, amend, render ineffective, or take other action which may have the same or substantially similar results to removing, amending, or rendering ineffective, the circumstances established as at-fault just cause, without approval of at least a supermajority (5/7) of all members of the City Council.
Section 5. Subsubsection 2) of Subsection (b) of Section 8-3120 (Restrictions on Termination of Tenancy Without Just Cause) of Division 2 (Just Cause Evictions) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to add the following before the phrase “No-fault just cause, which includes any of the following:”:
1) The Santa Ana City Council shall not remove, amend, render ineffective, or take other action which may have the same or substantially similar results to removing, amending, or rendering ineffective, the circumstances established as no-fault just cause, without approval of at least a supermajority (5/7) of all members of the City Council.
Section 6. Subsection (a) of Section 8-3140 (Prohibited Increases) of Division 3 (Rent Stabilization) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended as follows:
Section 8-3140 – Prohibited Increases.
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(a) Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty percent (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach- Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City’s calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in Rent. The Santa Ana City Council shall not adjust or amend this section to allow for increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or one hundred percent (100%) of the change in the Consumer Price Index, without approval of at least a supermajority (5/7) of all members of the City Council.
Section 7. Subsection (l) is added to Section 8-3160 (Rental Registry) of Division 4 (Rental Registry and Rental Registry Fee) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code as follows:
(l) The Santa Ana City Council shall not dissolve, render ineffective, or take other action which may have the same or substantially similar results to dissolving or rendering ineffective, the Rental Registry, without approval of at least a supermajority (5/7) of all members of the City Council.
Section 8. Subsection (a) of Section 8-3161 (Rental Registry Fee) of Division 4 (Rental Registry and Rental Registry Fee) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended as follows:
(a)Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord’s Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City’s Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council’s findings in this regard shall be final. The Santa Ana City Council shall not dissolve, render ineffective, or take other action which may have the same or
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substantially similar results to dissolving or rendering ineffective, the Rental Registry Fee, without approval of at least a supermajority (5/7) of all members of the City Council.
Section 9. Subsection (g) is added to Section 8-3180 (Rental Housing Board) of Division 5 (Rental Housing Board) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code as follows:
(g)Dissolution of the Rental Housing Board. The Santa Ana City Council shall not dissolve, render ineffective, or take other action which may have the same or substantially similar results to dissolving or rendering ineffective, the Rental Housing Board, without approval of at least a supermajority (5/7) of all members of the City Council.
Section 10. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (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 State CEQA Guidelines. Furthermore, the proposed Ordinance falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 11. 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 12. This Ordinance shall become effective thirty (30) days after its adoption.
Section 13. 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.
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Ordinance No. NS - ____
ADOPTED this ___ day of ___________________, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
John Funk
Assistant City Attorney
AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers: ________________________________________
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Ordinance No. NS - ____
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original Ordinance adopted by the City Council of the City of Santa Ana on .
Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
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