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Case 8:23-cv-00504 Document 1-2 Filed 03120/23 Page 8 of 18 Page ID #:56 do not meet local development standards that would otherwise ensure the safe design and installation of such fences; and WHEREAS, there have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of conditional use requirements on medical offices operated by government, government-subsidized, not-far-profit, or philanthropic entities in the Professional (P) zone; the lack of clear land use definitions that may work an adverse impact on existing communities, as well as negatively impact property values, personal privacy, and fire safety; and the lack of standards for the installation of electric fences on private property. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a two-thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as finding by the City Council. Section 2. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-44.6. - Counseling services. A facility where personnel provide counseling sees,in individual orgroup sessions that focus specifically on mental development,„recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. Fora practice roviding counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office,"which is separately defined. Section 3. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows: City Council 39 —7 0J3QJ;9. -xxx Page 2 of 12