O-07-22 Urgency Ordinance- Extending a Moratorium on the Establishment, Expansion, or Modifidcation of Warehouses, Distriubution Centers, Truck Storage FAcilities and

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 traffic, caused extensive damage to local streets, contributed to the loss of potential economic revenue, and is deteriorating the air quality, noise, and aesthetics of the City. An urgency ordinance extending the Moratorium is therefore necessary to protect the immediate public safety, health, and welfare pursuant to Government Code Sections 65858, 36934, and 36937. This Moratorium is enacted pursuant to the authority conferred upon the City Council of the City of Colton by Government Code Section 65858, and therefore shall be in full force and effect immediately upon its adoption by a four -fifths (4/5) vote of the City Council. This Moratorium shall continue in effect for one (1) year from the date of its adoption and shall thereafter be of no further force and effect. SECTION 4. 10-Day Report. In accordance with Government Code Section 65858(d), on April 5, 2022 the City Council issued a written report describing the measures being taken to alleviate the conditions that lead to the adoption of the Moratorium and this extension thereof, attached hereto as "Exhibit A". SECTION 5. Moratorium Extension. The City Council hereby extends the Moratorium on any establishment, expansion, or modifications of Warehouses and Truck Storage Facilities, in the City. During the Moratorium extension period, the City shall not issue any permits or entitlements, for such uses within the boundaries of the City of Colton. The prohibitions contained in this section shall not apply to permits issued for existing lawful establishments, expansions, or modifications of warehouses, distribution centers and truck storage facilities and related uses approvals on or before the effective date of Urgency Ordinance No. 0-03-21. Notwithstanding the continuation of these lawful uses, and in accordance with Building Industry Legal Defense Foundation v. Superior Court, which held that the "power to establish uses does not include the power to fix procedures for processing development applications." Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.App.4th, 1410. SECTION 6. Duration of Ordinance. The Moratorium is hereby extended for an additional one year beyond its expiration date, such that the Moratorium will now expire on May 3, 2023, or until the City Council adopts an ordinance addressing the issues related to the establishment, expansion, or modifications of Warehouses and Truck Storage Facilities, whichever occurs first. Thereafter, this Moratorium extension shall be of no further force and effect. SECTION 7. City Action. During the period of this Moratorium extension period, the Development Director or his designees shall: (1) review and consider options for separation requirements from sensitive uses, and (2) shall issue a written report describing the measures which the City has taken to address the conditions which lead to the adoption of this Ordinance with the City Council ten (10) days prior to the