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Docusign Envelope ID:9CBEDCE3-6968-4C55-9FC6-3ABDE96636F9 <br /> 3.4 Bruce Metal contends that it has lawfully conducted recycling <br /> activities at the Property from at least 1974 to present. <br /> 3.5 Bruce Metal was located in a part of Santa Ana designated as an <br /> M2 ("Heavy Industrial") zone until 2010 when the City adopted the Transit <br /> Zoning Code ("TZC"), subzone Urban Center, and the Industrial Overlay Zone <br /> which permitted industrial uses under the current provisions of the Santa <br /> Ana Municipal Code for the M2 district. The TZC is intended to be a <br /> pedestrian-friendly, mixed-use residential and commercial community. <br /> 3.6 In 2022, Santa Ana updated its General Plan consistent with the <br /> requirements of SB 1000 and California state law to address long-standing <br /> environmental justice issues and economic disparities that exist in Santa <br /> Ana, including the Lacy neighborhood where Bruce Metal is located. In 2022, <br /> Santa Ana also updated its General Plan Housing Element for the 6th Cycle <br /> planning period (2021-2029). <br /> 3.7 Santa Ana Code Enforcement conducted an inspection of Bruce <br /> Metal on February 15, 2024 and determined the Property constituted a public <br /> nuisance. On February 27, 2024, the City issued a Notice and Order to Bruce <br /> Metal. Bruce Metal appealed the Notice and Order. <br /> 3.8 Santa Ana is currently preparing the Specific Development No. <br /> 84 (SD-84) TZC amendment to rezone the SD-84 zoning district to remove <br /> the Industrial Overlay Zone in certain areas, including the Property. <br /> 3.9 Santa Ana adopted Urgency Ordinance NS-3063 on April 16, <br /> 2024 imposing a temporary moratorium on issuing building permits for <br /> SETTLEMENT AGREEMENT <br /> 4 <br /> 7315$25Dv1 <br />