NS-3063 - Urgency Ordinance Transit Zoning Code 45-Day Industrial Moratorium

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WHEREAS, MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning -related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area; and WHEREAS, the policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and WHEREAS, given these concerns, the City Council hereby directs that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and WHEREAS, based on the foregoing, the City Council finds that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City's completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and WHEREAS, if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons: (1) Adversely impacts surrounding businesses and neighborhoods; (2) Adversely impacts sensitive uses such as residences, schools, parks, and places where children congregate; (3) Conflicts with the goals and policies of the City's General Plan; (4) Long-term incompatibility and inconsistency with surrounding uses; and (5) Risks to the public health, safety and welfare of the City; and WHEREAS, prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this urgency ordinance. The absence of this urgency ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create Ordinance No. NS - 3063 Page 5 of 8