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Item 15 - Ten-Day Written Report Pursuant to California Government Code Section 65858(d)
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Item 15 - Ten-Day Written Report Pursuant to California Government Code Section 65858(d)
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5/13/2024 12:38:18 PM
Creation date
5/2/2024 5:48:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
15
Date
5/7/2024
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Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the <br />Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) <br />May 7, 2024 <br />Page 3 <br />4 <br />2 <br />4 <br />4 <br />City staff continues to gather, review, and analyze information regarding affected <br />industrial businesses within the TZC. Specific data and reporting pertains to applications <br />submitted by industrial businesses for permits, entitlements, certificates of occupancy, <br />business licenses, and other relevant records immediately prior to and following the <br />adoption of the Urgency Interim Ordinance and currently being reviewed by City staff. <br />Requests for information on calls for service and incident activities responded to by <br />public safety departments of the Santa Ana Police Department and Orange County Fire <br />Authority (OCFA) are being reviewed by City staff to understand and validate public <br />safety concerns or impacts shared by neighbors in disadvantaged communities with <br />actual calls and emergencies reported. <br />In addition, City staff continues to monitor Code Enforcement Division activities and <br />implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code <br />Enforcement staff will broaden data reports that show enforcement activity beyond the <br />Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the <br />Urgency Interim Ordinance on April 16, 2024, 17 active open cases were issued Notice <br />of Violations and administrative citations for the following types of violations: illegal <br />storage, land use, zoning, property and landscape maintenance, unpermitted work, <br />business license, and certificate of occupancy. Such violations include issues of odors, <br />dust, traffic, noise, vibrations, and other documented impacts. The close proximity of <br />active open industrial cases during a short period is creating a public nuisance that is <br />harming public health, safety, and general welfare of the two residential neighborhoods <br />from the concentration of open code enforcement cases nearby. <br />Review of Records and Activities of External Agencies <br />To broaden the analysis beyond the City's local land use impacts, City staff have <br />initiated public records requests of violation records and violation status of outside <br />regulatory agencies, and have contacted staff from external regulatory agencies such <br />as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional <br />Quality Water Control Board, the Department of Toxic Substances Control, and others <br />responsible for issuing supportive permits for industrial uses in the TZC. Specifically, <br />these agencies are responsible for permit issuance, compliance activities, and/or <br />monitoring hazardous clean-up sites, or other industrial facility-related activities and <br />have received current data requests for sites located within SD No. 84. <br />Data from external regulatory agencies would assist City staff in further understanding <br />activities between external regulatory agencies and industrial businesses that may <br />place additional impacts on public health, safety, and welfare in affected neighborhoods <br />adjacent to industrial businesses in the TZC. This information would enable City staff to <br />understand the correlation and environmental burdens that may be attributed to <br />permitted activities for industrial businesses in historically environmentally <br />disadvantaged communities, specifically the Logan and Lacy neighborhoods. In
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