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50A - EMERGENCY ORD MORATORIUM RECYCLING FACILITIES
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50A - EMERGENCY ORD MORATORIUM RECYCLING FACILITIES
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Last modified
7/31/2014 3:52:30 PM
Creation date
7/31/2014 2:54:48 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
50A
Date
8/5/2014
Destruction Year
2019
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F. If the recycling facility is permitted in the City without further review and potential <br />regulation, it will pose a serious threat to the public interest, health, safety and <br />welfare for the following reasons: <br />1. Recycling and processing facilities create detrimental impacts such as noise, <br />trash, traffic, vibration and air quality concerns. <br />2. Residents living near recycling and processing facilities have expressed <br />concerns related to noise and vibration impacts resulting from crushing, <br />baling, after -hours loading and sorting activities. Others have experienced <br />increased levels of traffic congestion due to off -site loading, debris and <br />undesirable odors from these uses due to lack of property maintenance and <br />compliance with operational standards currently in place. <br />G. In order to prevent frustration and detrimental impacts on residents, the public <br />interest, health, safety and welfare require the immediate enactment of this <br />ordinance. The absence of this ordinance would create a serious threat to the <br />orderly and effective implementation of any code amendments, general plan <br />amendments or specific plan amendments which may be adopted by the city as a <br />result of the studies in that the establishment or construction of recycling and <br />processing facilities may be in conflict with or frustrate the contemplated updates <br />and revisions to the Code. Moreover, permitting such recycling and processing <br />facilities to be established or constructed during said studies and implementation <br />would create impacts on the public health, safety and welfare that the city council, in <br />adopting this ordinance, has found to be unacceptable. <br />H. The Request for Council Action for this ordinance dated August 5, 2014 and duly <br />signed by the City Manager shall, by this reference, be incorporated herein, and <br />together with this ordinance, any amendments or supplements, and oral testimony <br />constitute the necessary findings for this ordinance. <br />I. The city council finds, determines and declares that the current and immediate threat <br />to the public health, safety and welfare of the city and its citizens necessitates the <br />immediate enactment of the ordinance. The facts constituting such urgency are set <br />forth in paragraphs A -1 of this ordinance. <br />Section 2. Prohibition <br />No recycling or processing facility as defined in Article XIV of Chapter 41 of the <br />Code shall be established, constructed, permitted or expanded in the City of Santa Ana. <br />Section 3. <br />California Government Code Section 65858 authorizes the City Council to adopt <br />an interim urgency ordinance, by a four - fifths vote, without following the procedures <br />otherwise required for the adoption of an ordinance, to protect the public safety, health, <br />Ordinance No. NS - _ <br />Page 2 of 4 <br />50A -4 <br />
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