Item 23 - Zoning Ordinance Amendment (2021-01) – Light Processing (Recycling) Facilities Urgency Ordinance

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ZOA No. 2021-01 – Light Processing (Recycling) Facilities Urgency Ordinance May 4, 2021 Page 3 6 9 7 briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing, are known to have detrimental effects on surrounding properties due to the noise, odor, vibration, vermin infestation, visual, and traffic impacts caused by inbound and outbound truck movements to and from such facilities. The absence of a CUP requirement for such facilities severely circumscribes the City’s ability, through its administrative review process, to impose conditions on such operations that would otherwise protect the health, welfare, and safety of residents and visitors to properties abutting or in the vicinity of light processing facilities. There currently exist 12 light processing facilities in the City. Of these, six are located in the Light Industrial (M-1) zoning district and five are operating without a Conditional Use Permit. Out of the 12 light processing facilities, 11 are within 1,000 feet of property zoned or used for residential purposes. The proposed SAMC amendment would ensure continued consistency of the Zoning Code’s regulations with SAMC Section 41-1, which articulates the purpose of the City’s Zoning Code. The absence of a Conditional Use Permit requirement for light processing facilities is inconsistent with the goals expressed by SAMC Section 41-1 in that discretion by the Planning Commission and City Council may not be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC Sections 41-1 (a), (b), (e), and (f). Specifically, these include goals to encourage the most appropriate use of land; conserve and stabilize property value; lessen congestion on streets and highways, and; promote the health, safety and the general welfare of the people, all as part of the Santa Ana General Plan. Urgency Ordinance Pursuant to Charter Section 415 of the Santa Ana Municipal Code and California Government Code Section 65858, the City Council is authorized to adopt an interim (urgency) ordinance, without following the procedures otherwise required for the adoption of an ordinance. The ordinance will protect the public safety, health, and welfare, prohibiting a use that has been determined to be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the Planning Division is considering or studying or intends to study within a reasonable time. Concurrent with this effort, the Planning Division is preparing a permanent ordinance that will require Planning Commission review before consideration by the City Council. Upon adoption, that ordinance would become effective 30 days after the City Council’s second reading. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on