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RESO@BCE RECOYERV fAci[rrr June 17, 2025 VIA E-MAIL Jennifer L. Hall City Clerk City of Santa Ana eComment u,santa-ana.or Re: Objections to Item 20 of June 17, 2025 City Council MeetiuE Dear Honorable Mayor and Members of the City Council: I am the Legislative Director for Ware Disposal Inc. and JBW Enterprises, LLC (collectively"Ware"),which owns and operates certain facilities located within the Transit Zoning Code ("TZC") Zone. This letter is intended to object to the City's Proposed adoption of Zoning Ordinance Amendment No. 2024-02 and Amendment Application No. 2024-03 (the "Proposed Ordinance"), and to respectfully request that the City, at a minimum,make necessary revisions to the Proposed Ordinance to avoid certain constitutional infirmities,and to otherwise protect Ware's and other industrial property owners' vested rights to continue to operate their buildings. As explained below, the City's use of an Addendum to the 2010 environmental impact report("EIR")is not permitted under the California Environmental Quality Act("CEQA")and the Addendum's project description is fatally deficient due to its material failure to adequately describe the reach and environmental impacts of the Proposed Ordinance. Prior to acting on the Proposed Ordinance, the City must prepare an EIR in accordance with CEQA. Further, the City's Proposed Ordinance is facially defective, and must be abandoned in its entirety. If the City were to adopt the Ordinance as currently drafted, it would be so fatally defective so as to be rendered unenforceable, while exposing the City to substantial financial liability. Instead of adopting the Ordinance as currently proposed,Ware is requesting that the City table the Ordinance, and work with Ware and other stakeholders to address City staff's stated concerns, while also being protective of the stakeholders' interests. P.O. Box 1108 Santa Ana, CA 92702 (714)664-0159 Fax(714)664-0696