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

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Ordinance No. NS - ____ Page 1 of 11 UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, EXTENDING A MORATORIUM ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT FOR AN ADDITIONAL ONE (1) YEAR PURSUANT TO GOVERNMENT CODE SECTION 65858 WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety and welfare, to ad opt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to s tudy within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect forty -five (45) days from its date of adoption, unless duly extended; and WHEREAS, on April 16, 2024, the City Council adopted a moratorium on the approval, commencement, establishment, relocation or expansion of industrial uses within Specific Development No. 84 (“SD-84”) also known as the Transit Zoning Code (“TZC”) by adoption of Urgency Ordinance No. NS-3063 to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods in the TZC (SD-84) through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness (“Moratorium”); and WHEREAS, Government Code Section 65858 specifically authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending a moratorium for ten (10) months and fifteen (15) days, upon approval by a fourth-fifths vote, and upon making the same findings required for the adoption of the initial forty-five (45) day moratorium, and then subsequently extend the interim ordinance for one (1) year; and WHEREAS, Government Code Section 65858(d) also requires the City Council, ten (10) days prior to the expiration of a moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of a moratorium; and Exhibit 1 - Uncodified Urgency Ordinance Extending Moratorium for Up To One Year (12 Months)