Item 28 -Urgency Interim Ordinance Regarding aTransit Zoning

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Ordinance No. NS -XXXX Page 6 of 8 WHEREAS, the City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of this urgency ordinance by a four-fifths vote of the City Council. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation or expansion of uses in the zoning district. Section 3. California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time. Section 4. The City Council, in accordance with Government Code Section 65858, hereby adopts this urgency ordinance establishing a 45-day moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC while City staff researches appropriate regulations and whether an extension pursuant to the Government Code is necessary. For the purposes of this Ordinance, “industrial uses” includes those specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific Development No. 84). Section 5. This ordinance shall have no further force and effect forty-five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four/fifths (4/5) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and subsequently, after public hearing, the City Council members, by four/fifths (4/5) vote, extend this ordinance one more year. Section 6. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.