Ordinance_Urgency_AB 2011 - #32 - Laserfiche WebLink

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WHEREAS, pursuant to California Government Code Section 65912.114(o) and 65912.124(o), a local government may adopt an ordinance to implement the provisions of AB 2011, and an ordinance adopted to implement AB 2011 shall not be considered a "project" under Division 13 (commencing with Section 21000) of the Public Resources Code; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of AB 2011, and an absence of a local ordinance adopting AB 2011 and the exemption of parcels as described therein in California Government Code Sections 65912.114(i) and 65912.124(i), leading to uncertainty of implementation of the local land use plan in a consistent and equitable manner that may also be otherwise consistent with the General Plan. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a two-thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Under California Government Code sections 65912.114(o) and 65912.124(o), the adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, the proposed Ordinance is statutorily exempt from CEQA. Section 3. The City Council, based upon the written findings required for exemption under AB 2011, exempts the parcels listed in Attachments 1 and 2 from the streamlined approval process for eligible projects provided by Government Code sections 65912.114 and 65912.124. Section 4. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section 5. This Ordinance shall become effective immediately upon its adoption. Ordinance No. NS-XXX Page 4 of 6