2013-10-10 Special Council Minutes (approved 11.5.13)

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MAP TO ENSURE CONSISTENCY WITH THE ADOPTED GENERAL PLAN UPDATE LAND USE AND HOUSING ELEMENT GOALS, POLICIES, PROGRAMS AND OBJECTIVES (DAP -001- 095), AND SETTING FORTH THE FACTUAL BASIS FOR SAME AS AN URGENCY ORDINANCE. THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: A. Section 36937 of the California Government Code authorizes the City Council to adopt an ordinance that will take effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths (4/5) vote of the City Council. B. The City of Colton is required by State law to accommodate the development of lower-income housing units as its assigned share of the region's housing needs for persons within this income range for the 4°i Housing Element cycle. C. In order to meet this State mandate, the City must complete the rezoning of sufficient property to accommodate its share of low-income housing prior to October 15, 2013. D. The possible ramifications under State law for failing to make adequate sites available to accommodate the City's allocated share of the regional needs for the 41 Housing Element cycle prior to October 15, 2013 are significant and include (1) a carryover of unaccommodated need pursuant to Government Code Sec. 65584.09, which would substantially increase the number of high density units that the City must rezone for; and (2) a possible finding that the City's Housing Element is out of compliance, which could result in litigation, exposure to attorneys' fees and judicial intervention in the City's land use authority, all of which could impact the public peace, E. For the reasons stated above and to preserve the public peace, health and safety, this Ordinance is being adopted as an urgency ordinance pursuant to Government Code Section 36937. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby incorporates the Recitals set forth above as findings supporting this Ordinance to be adopted as an urgency measure. SECTION 2. The City hereby adopts the attached Zoning Map and Zoning Text Amendment to be consistent with Resolution No. R-61-13 adopted by City Council on August 20, 2013, approving a General Plan Update for the Land Use, Mobility and Housing Elements. The proposed Zoning Map and Zoning Text Amendment are part of the implementation consistency program of the General Plan Update deleting, renaming and adding new zoning districts and categories in the City of Colton, County of San Bernardino. SECTION 3. An Environmental Impact Report (EIR) was previously certified, SCH #2012031037, on August 20, 2013 by resolution number R-60-13 that addresses all of the environmental impacts of the General Plan Update which is being implemented in this 2013 OCTOBER 10 SPECIAL CC/SARDA/CUA/CPFA/CHA MEETING - 2 -