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Item 23 - Zoning Ordinance Amendment (2021-01) – Light Processing (Recycling) Facilities Urgency Ordinance
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Item 23 - Zoning Ordinance Amendment (2021-01) – Light Processing (Recycling) Facilities Urgency Ordinance
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Agenda Packet
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Clerk of the Council
Item #
23
Date
5/4/2021
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jmf 4-28-21 <br />Ordinance No. NS-XXX <br />Page 4 of 8 <br /> <br /> <br /> <br />process, and (2) prevents the Planning Commission and City Council from <br />imposing conditions of approval to ensure compatible and harmonious <br />operations of such facilities with surrounding properties and neighborhoods. <br /> <br />2. Operations typical of Light Processing Facilities, which include preparation of <br />material for efficient shipment, or to an end-user's specifications, by such <br />means as baling, briquetting, compacting, flattening, grinding, crushing, <br />mechanical sorting, shredding, cleaning, and remanufacturing, are known to <br />have detrimental effects on surrounding properties due to the noise, odor, <br />vibration, vermin infestation, visual, and traffic impacts caused by inbound <br />and outbound truck movements to and from such facilities. The absence of a <br />Conditional Use Permit requirement for such facilities severely circumscribes <br />the City’s ability, through its administrative review process, to impose <br />conditions on such operations that would otherwise protect the health, <br />welfare, and safety of residents and visitors to properties abutting or in the <br />vicinity of Light Processing Facilities. <br /> <br />O. Prevention of detrimental impacts to residents, the public interest, health, <br />safety and welfare requires the immediate enactment of this Urgency Ordinance. <br />The absence of this Urgency Ordinance will create a serious threat to the orderly <br />and effective implementation of any code amendments, General Plan amendments <br />or specific plan amendments which may be adopted by the City. Light Processing <br />Facilities permitted by-right may be in conflict with or frustrate other provisions of the <br />SAMC intended to guarantee or preserve the public peace, health, or safety. <br />Moreover, permitting such facilities without requiring a Conditional Use Permit would <br />create impacts on the public health, safety and welfare that the City Council, in <br />adopting this ordinance, has found to be unacceptable. <br /> <br />P. The Request for Council Action for this ordinance dated May 4, 2021 and <br />duly signed by the Executive Director of the Planning and Building Agency shall, by <br />this reference, be incorporated herein, and together with this ordinance, any <br />amendments or supplements, and oral testimony constitute the necessary findings <br />for this ordinance. <br /> <br />Q. The City Council finds, determines and declares that the current and <br />immediate threat to the public health, safety and welfare of the city and its citizens <br />necessitates the immediate enactment of the ordinance. The facts constituting such <br />urgency are set forth in paragraphs A through O of this ordinance. <br />R. The City Council of the City of Santa Ana intends that nothing in this <br />article shall be deemed to conflict with State or Federal law, nor to otherwise permit <br />any activity that is prohibited under the California Beverage Container Recycling & <br />Litter Reduction Act or other applicable law.
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