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Item 34 - Ordinance Amendment No. 2023-03: 2nd Reading
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Item 34 - Ordinance Amendment No. 2023-03: 2nd Reading
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7/13/2023 10:59:04 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
34
Date
7/18/2023
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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. <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. This ordinance shall become effective thirty (30) days after its <br />adoption. <br />Section 5. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />Section 6. The Clerk of the Council shall certify the adoption of this Ordinance <br />and shall cause the same to be published as required by law. <br />ADOPTED this day of , 2023. <br />Valerie Amezcua <br />Mayor <br />Ordinance No. NS-XXX <br />Page 4 of 5 <br />
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