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NS-3045
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NS-3045
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Last modified
10/24/2023 12:13:53 PM
Creation date
6/28/2023 9:31:28 AM
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Template:
City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3045
Item #
32
Date
6/20/2023
Destruction Year
P
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Government Code sections 65912.114 and 65912.124; and <br />WHEREAS, pursuant to California Government Code Section 65912.114(o) and <br />65912.124(o), a local government may adopt an ordinance to implement the provisions <br />of AB 2011, and an ordinance adopted to implement AB 2011 shall not be considered a <br />"project" under Division 13 (commencing with Section 21000) of the Public Resources <br />Code; and <br />WHEREAS, there is a current and immediate threat to the public health, safety, or <br />welfare based on the passage of AB 2011, and an absence of a local ordinance adopting <br />AB 2011 and the exemption of parcels as described therein in California Government <br />Code Sections 65912.114(i) and 65912.124(i), leading to uncertainty of implementation <br />of the local land use plan in a consistent and equitable manner that may also be otherwise <br />consistent with the General Plan. These threats to public safety, health, and welfare justify <br />adoption of this Ordinance as an urgency ordinance to be effective immediately upon <br />adoption by a two-thirds vote of the City Council; and <br />WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on <br />the above findings, this Ordinance is declared by the City Council to be necessary as an <br />emergency measure to protect and preserve the health, safety and welfare of the citizens <br />of the City of Santa Ana and will become effective immediately if passed by the affirmative <br />votes of at least two-thirds (2/3) of the members of the City Council. The City Council <br />hereby finds that there is an urgent need to adopt these regulations in order to address <br />the current and immediate threats set forth above. <br />NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as <br />follows: <br />Section 1. The recitals above are each incorporated by reference and adopted <br />as findings by the City Council. <br />Section 2. Under California Government Code sections 65912.114(o) and <br />65912.124(o), the adoption of an ordinance by a city implementing the provisions of AB <br />2011 is statutorily exempt from the requirements of the California Environmental Quality <br />Act ("CEQA" ). Therefore, the proposed Ordinance is statutorily exempt from CEQA. <br />Section 3. The City Council, based upon the written findings required for <br />exemption under AB 2011, exempts the parcels listed in Attachments 1 and 2 from the <br />streamlined approval process for eligible projects provided by Government Code sections <br />65912.114 and 65912.124. <br />Section 4. The City Council hereby declares, based on the findings set forth <br />above, the urgency exists and that this Ordinance is necessary and appropriate to <br />preserve the public health, safety, and welfare. <br />Ordinance No. NS-3045 <br />Page 4 of 6 <br />
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