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Item 27 - Public Hearing Sunshine, Safe and Sane Fireworks, and Zoning Ordinance Updates
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Item 27 - Public Hearing Sunshine, Safe and Sane Fireworks, and Zoning Ordinance Updates
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1/23/2024 9:17:20 AM
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1/17/2024 4:41:14 PM
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City Clerk
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Agenda Packet
Agency
Planning & Building
Item #
27
Date
1/16/2024
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Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this <br />Ordinance is exempt from CEQA review because it will not result in a direct or reasonably <br />foreseeable indirect physical change in the environment, as there is no possibility it will <br />have a significant effect on the environment and it is not a "project", as defined in Section <br />15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review <br />No. 2023-125, will be filed upon adoption of this ordinance. <br />Section 3. Section 2-153 (Public input through community meetings prior to <br />discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows: <br />Sec. 2-153. — Public input through community meetings prior to discretionary approval. <br />(a) Applicability. The requirements of this article apply to development projects <br />requiring discretionary approval and that meet one (1) or more of the following <br />criteria: <br />(1) City -sponsored development projects; <br />(2) New residential projects containing twenty-five (25) or more units, except <br />that the director of the Planning and Building Agency may exempt a <br />developer from one (1) or more of the requirements of this article if, in the <br />case of affordable housing, the developer can show that it will be in jeopardy <br />of losing tax credits, or if an applicable project does not require a resubmittal <br />following initial submittal;_ <br />(3) New non-residential projects (including additions to existing buildings) of ten <br />thousand (10,000) square feet or more and which are, in the determination <br />of the city, subject to a negative declaration, mitigated negative declaration <br />or environmental impact report as defined under the California <br />Environmental Quality Act; <br />(4) Development projects requiring a zone change, specific plan amendment, <br />specific development amendment, or general plan amendment. <br />Section 4. 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 5. This ordinance shall become effective thirty (30) days after its adoption. <br />Ordinance No. NS-XXX <br />Page 2 of 4 <br />
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