Ordinance_Urgency_SB 6 - #32 - Laserfiche WebLink

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ordinance adopted to implement SIB 6 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 SIB 6, and an absence of a local ordinance adopting SB 6 and the exemption of parcels as described therein in California Government Code Section 65852.24(e), 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 section 65852.24(h), the adoption of an ordinance by a city implementing the provisions of SIB 6 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 SIB 6, exempts the parcels listed in Attachment 1 from the approval process for eligible projects provided by Government Code Section 65852.24. 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. Section 6. 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, Ordinance No. NS-XXX Page 3 of 5