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8 5. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance extending the moratorium on drive-through service facilities in the Central Business-Artist Village zone. 6. Without adoption of this ordinance, properties located in the C3-A zoning district could quickly establish drive-through window service facilities throughout the C3- A zone, despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revised Code sections to address concerns created by said drive-through window facilities. 7. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue appropriate revisions to the Code. Since the adoption of the emergency ordinance, staff has begun the preparation of the background research necessary to address the Council concerns and anticipates completion of the Code revisions and presentation to the Planning Commission within the next 30-45 days. 8. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would 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 as a result of the studies, in that new drive-through facilities in the C3-A zoning district may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans. Moreover, permitting such drive-throughs to be established during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. 9. 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 the ordinance. The facts constituting such an urgency are set forth in paragraphs 1-8, inclusive of this ordinance. 10. The City Council further finds that this is a matter of City-wide importance and is not directed towards nor targeted at any particular parcel of property or proposed use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1 :Prohibition. No new drive-through window service shall be established or permitted in conjunction with any of the permitted uses or uses subject to a conditional use permit Ordinance No. NS-2418 Page 2 of 4