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Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 7 of 18 Page ID #:55 ORDINANCE NO. NS-XXX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MEDICAL OFFICES OPERATED BY GOVERNMENT, GOVERNMENT-SUBSIDIZED, NOT-FOR-PROFIT, OR PHILANTHROPIC ENTITIES, AND DEFINITIONS FOR OTHER OFFICE USES WHEREAS, pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update due to a number of disadvantaged communities located within the City; and WHEREAS, the City Council adopted the General Plan Update on April 19, 2022, which included numerous goals, policies, and implementation actions associated with addressing environmental justice; and WHEREAS, developing, adopting, implementing, and enforcement of environmental laws, regulations, and policies can help address longstanding environmental impacts on communities; and WHEREAS, Land Use Element action 3.2 states that the City will undertake updating the zoning code's development and operational standards to address incompatibility of industrial uses in close proximity to sensitive receptors; and WHEREAS, the absence of clear and consistent use of terms and definitions for professional, business, and administrative office, medical office, and counseling service is inconsistent with the goals expressed by Santa Ana Municipal Code (SAMC) Section 41-1 (Purpose) in that the City cannot effectively carry out regulations and provide for their enforcement without clear and enforceable terms and definitions; and WHEREAS, the absence of a conditional use permit requirement for medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that discretion by the Planning Commission and City Council cannot be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC sections 41-1 (a), (b), (e), and (f); and WHEREAS,AB 358 was adopted August of 2021, authorizing property owners that meet specified requirements to install and operate electrified fences on their property to protect and secure commercial or industrial property, but the absence of locally-adopted standards in the Zoning Code allowing and regulating electrified fences on private property poses a threat to the health, safety, and welfare of property owners and passers- by in Santa Ana, leading to potentially dangerous configurations of electrified fences that City Council 39 —6 o� r, � s xxx Page 1 of 12