Item 26 - Final Extension of Moratorium for Industrial Uses in Specific Development No. 84

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Ordinance No. NS - ____ Page 9 of 11 potential regulation, it will pose a serious threat to the public interest, health, safety and welfare due to adverse impacts on surrounding businesses and neighborhoods; adverse impacts on sensitive uses such as residences, schools, parks, and places where children congregate; conflicts with the goals and policies of the City’s General Plan; and the effect of long term incompatibility and inconsistency with surrounding uses. Section 3. In accordance with Government Code Section 65858(d), on April 1, 2025, the City Council issued a written report describing the measures being taken to alleviate the conditions that lead to the adoption of the Moratorium and this extension thereof, attached hereto as Exhibit A and incorporated herein by reference. Section 4. 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 of the planning department is considering or studying or intends to study within a reasonable time. Section 5. Government Code Section 65858(a) provides that the City Council, after notice and a public hearing, may subsequently extend the interim Ordinance for (1) one year after the first extension of ten (10) months and fifteen (15) days. Any extension requires a four-fifths vote. Section 6. The City Council, in accordance with Government Code Section 65858 and Santa Ana Charter Sections 415 and 417 hereby adopts this uncodified Urgency Ordinance extending the Moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC for a period of one (1) year, commencing April 16, 2025. The Moratorium will now expire on April 16, 2026, or upon City Council adoption of an ordinance providing further, permanent action to address the land use conflicts presented by industrial uses in the TZC. For the purposes of this Urgency 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 7. This Ordinance shall have no further force and effect after a period of one (1) year, commencing April 16, 2025, and ending April 16 2026, unless automatically repealed upon the adoption and effectiveness of a City- Council adopted ordinance to address the land use conflicts presented by industrial uses in the TZC. Section 8. 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.