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4 - CUP19-46_3820 S FARIVEW STREET_COMMENTS
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02-10-20
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4 - CUP19-46_3820 S FARIVEW STREET_COMMENTS
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<br />SECTION 1. Recitals. The Recitals set forth above are true and correct and <br />incorporated herein by reference. <br />SECTION 2. This Urgency Ordinance shall explicitly prohibit the issuance of any <br />zoning, land use, discretionary permit, building permit, environmental approval, business <br />license or any other entitlement involving businesses described as carwashes, whether <br />intended as primary uses or accessory uses in the City of Escondido for forty-five (45) <br />days. Notwithstanding the foregoing, any existing carwash facility shall be allowed to obtain <br />their annual City of Escondido business license. Any carwash facilities under construction <br />with a valid building permit on the effective date of this Urgency Ordinance shall be exempt <br />from this Urgency Ordinance. <br />SECTION 3. CEQA. The City Council finds this Urgency Ordinance is exempt <br />from the California Environmental Quality Act (Public Resources Code § 21000, et seq.) <br />(“CEQA”) because it can be seen with certainty that there is no possibility that it will have a <br />significant effect on the environment (CEQA Guidelines 14 CCR §§ 15061(b)(3)) and <br />because it consists of regulations and restrictions on activities to assure the maintenance, <br />restoration, or enhancement of natural resources and the environment by prohibiting <br />environmentally destructive components of currently permitted carwash facilities (CEQA <br />Guidelines 14 CCR §§ 15307, 15308). This Ordinance is also exempt from CEQA because <br />it is an urgency measure necessary to protect the City from a current and immediate threat <br />to the public health, safety, and welfare. (Public Resources Code § 21080(b)(4); CEQA <br />Guidelines 14 CCR § 15269.). The City Council, therefore, directs that a Notice of <br />Exemption, (attached as Exhibit “A” and incorporated by this reference), be filed with the <br />County Clerk of the County of San Diego in accordance with CEQA Guidelines.
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