|
0
<br />7
<br />9
<br />10
<br />11
<br />12
<br />13
<br />14
<br />15
<br />16
<br />17
<br />18
<br />19
<br />20
<br />21
<br />22
<br />23
<br />24
<br />25
<br />26
<br />27
<br />28
<br />URGENCY ORDINANCE NO. 0-05-21
<br />AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
<br />CITY OF COLTON, CALIFORNIA, IN ACCORDANCE WITH
<br />GOVERNMENT CODE SECTION 65858 EXTENDING A
<br />MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR
<br />MODIFICATION OF WAREHOUSES, DISTRIBUTION
<br />CENTERS, TRUCK STORAGE FACILITIES AND RELATED
<br />USES THAT ARE LOCATED, WITHIN THE CITY OF COLTON
<br />FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15)
<br />DAYS
<br />THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS:
<br />SECTION 1. Urgency Findings. In accordance with California Government Code, Section
<br />65858 and in order to protect the public health, safety and welfare, the City Council of the City of Colton
<br />finds as follows:
<br />A. The City of Colton ("City") has the police power, pursuant to Article XI, section 7 of the
<br />California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional
<br />boundaries, to the extent such regulations are not in conflict with the general laws of the State of California;
<br />and
<br />B. Government Code Section 65858 expressly authorizes the City Council, in order to protect
<br />public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict
<br />with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning
<br />commission, or the planning department is considering or studying or intends to study within a reasonable
<br />time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption,
<br />and shall be of no further force and effect 45 days from its date of adoption, unless duly extended; and
<br />C. Government Code Sections 36934 and 36937 expressly authorize the City Council to enact
<br />urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the
<br />public peace, health, or safety, containing a declaration of the facts constituting the urgency, and which must
<br />be passed by a four-fifths vote of the City Council; and
<br />D. On May 4, 2021, the City Council adopted Urgency Ordinance No. 0-03-21, an urgency
<br />ordinance establishing a 45 -day moratorium on the establishment, expansion, or modification of
<br />warehouses, distribution centers, truck storage facilities and related uses ("Moratorium"), by a unanimous
<br />vote; and
<br />E. The Moratorium will expire on June 18, 2021, unless extended pursuant to Government
<br />Code Section 65858, which authorizes the City Council, after notice pursuant to Government Code Section
<br />65090 and a public hearing, to adopt an ordinance extending the Moratorium for 10 months and 15 days,
<br />upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the
<br />Moratorium; and,
<br />F. Government Code Section 65858(d) requires the City Council, ten days prior to expiration
<br />of the Moratorium or any extension thereof, to issue a written report describing the measures taken to
<br />alleviate the condition which led to the adoption of the Moratorium; and
<br />G. In accordance with Government Code Section 65858(d), on June 1, 2021 the City Council
<br />approved and issued the ten-day report, describing the measures being taken to alleviate the conditions which
<br />23152.06000\24600698.2 - 1
<br />
|