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<br />expansion of Warehousing and Truck Storage Facilities within and surrounding the City has increased truck
<br />traffic, caused extensive damage to local streets, contributed to the loss of potential economic revenue, and
<br />is deteriorating the air quality, noise, and aesthetics of the City. An urgency ordinance extending the
<br />Moratorium is therefore necessary to protect the immediate public safety, health, and welfare pursuant to
<br />Government Code Sections 65858, 36934, and 36937.
<br />This Moratorium is enacted pursuant to the authority conferred upon the City Council of the City of
<br />Colton by Government Code Section 65858, and therefore shall be in full force and effect immediately upon
<br />its adoption by a four-fifths (4/5) vote of the City Council. This Moratorium shall continue in effect for
<br />forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect, unless,
<br />after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends the
<br />Moratorium for an additional period of time pursuant to Government Code Section 65858.
<br />SECTION 4. 10 -Day Report. In accordance with Government Code Section 65858(d), on June 1,
<br />2021, the City Council issued a written report describing the measures being taken to alleviate the conditions
<br />that lead to the adoption of the Moratorium and this extension thereof, attached hereto as "Exhibit A".
<br />SECTION 5. Moratorium Extension. The City Council hereby extends the Moratorium on any
<br />establishment, expansion, or modifications of Warehouses and Truck Storage Facilities (3 -axle trucks or
<br />greater) in the City, as these are defined in Title 18 of the Colton Municipal Code. During the Moratorium
<br />extension period, the City shall not issue any permits or entitlements, for such uses within the boundaries of
<br />the City of Colton. The prohibitions contained in this section shall not apply to permits issued for existing
<br />lawful establishments, expansions, or modifications of warehouses, distribution centers and truck storage
<br />facilities and related uses approvals on or before the effective date of Urgency Ordinance No. 0-03-21.
<br />Notwithstanding the moratorium, the following uses shall not be subject to the moratorium: Consideration
<br />of Projects or which an Application has been submitted and received a determination of completeness,
<br />pursuant to the California Permit Streamlining Act, prior to the effective date of the 45 day moratorium.
<br />Further, in accordance with Buildinglndustry Legal Defense Foundation v. Superior Court, this moratorium
<br />shall prohibit the issuance of approvals, permits and/or entitlements pursuant to this Section, but shall not
<br />prevent the processing of lawfully -filed applications.
<br />SECTION 6. Duration of Ordinance. The Moratorium is hereby extended for an additional ten (10)
<br />months and fifteen (15) days beyond its original expiration date, such that the Moratorium will now expire
<br />on May 3, 2022, or until the City Council adopts an ordinance addressing the issues related to the
<br />establishment, expansion, or modifications of Warehouses and Truck Storage Facilities, whichever occurs
<br />first. Thereafter, this Moratorium extension shall be of no further force and effect unless, after a duly noticed
<br />public hearing, the City Council further extends the Moratorium for an additional period of time pursuant to
<br />Government Code Section 65858.
<br />SECTION 7. City Action. During the period of this Moratorium extension period, the Development
<br />Director or his designees shall: (1) review and consider options for the regulation of warehouses, truck
<br />storage facilities, and related uses, and (2) shall issue a written report describing the measures which the
<br />City has taken to address the conditions which lead to the adoption of this Ordinance with the City Council
<br />ten (10) days prior to the expiration of this Moratorium, or any extension thereof, and such report shall be
<br />made available to the public.
<br />SECTION 8. Enforcement. The City of Colton may enforce any provision of this Ordinance by
<br />mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction.
<br />SECTION 9. Environmental Review. Pursuant to Section 15378(b)(5) of the California
<br />Environmental Quality Act (CEQA), this Ordinance is an organizational or administrative activity of the
<br />City that will not result in direct or indirect physical changes in the environment, and therefore not a project.
<br />23152.06000\24600698.2 - 3
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