AR 091906 Moratorium ordinance - Laserfiche WebLink

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and General Plan goals and policies that attempt to mitigate the impacts of intense land uses on surrounding properties. DISCUSSION / ANALYSIS: California Government Code, Section 65858 authorizes the City to adopt an interim urgency ordinance prohibiting any uses which may be in conflict with a contemplated General Plan or zoning proposal which the City is studying or intends to study within a reasonable time. Such and ordinance must be approved by 4/5 vote of the City Council. On June 20, 2006, the City Council approved the 2006/07 Redevelopment Agency Budget, which includes the West Valley Specific Plan Amendment (Exhibit B). The approval of a moratorium covering the West Valley area is a tool that will allow the City to effectively establish a plan for this area. A moratorium on the approval of land use entitlements and permits would restrict approval of land uses that would result in a current and immediate threat to the public safety, health, or welfare because consideration and approval of such uses may be inconsistent with proposed land use designations and contemplated general and specific plan policies now being studied for the West Valley area. The moratorium would protect and promote the planning process by, among other things, prohibiting the introduction of potentially nonconforming land uses that could defeat the City's later -adopted General Plan, specific plan amendment and/or zoning ordinance for the West Valley area. A moratorium would further promote the public's interest in the development of an accurate General Plan document and protect the economic revitalization efforts in the City of Colton. In addition, in recent months, the City of Colton has been working with representatives from the United States Fish & Wildlife Service (USFWS) to arrive at a solution that allows the City of Colton to develop a local economy. The best solution is to generate an economy while the conservation and recovery needs for the Delhi Sands Flower Loving Fly (DSF) are met. As a result of the discussions between the City of Colton and the USFWS, the Colton Best Management Plan (CBMP) has emerged. The CBMP is a comprehensive plan that provides funding, expansion, protection, enhancement, and restoration of DSF habitats in the Colton Recovery Unit, which is located north of the 1-10 freeway and includes the West Valley area. It is essential that the City of Colton maximize the tax generation from this "Colton Superblock" area to produce future revenue, avoid damaging financial impacts with elimination of the utility tax in 2011, and continue to adequately fund public safety and other city services for the community. Thus, another purpose for the moratorium is to allow staff to map the future economy of this area at a finer level of detail than that provided by the current specific plan. Existing Applications There is one pending land use application in the West Valley area. DAP -000-217 consists of Design Review, Major Variance and Environmental Assessment applications for a proposed 6,700 SF cold storage distribution and warehouse facility on the west side of Wildrose Avenue and north of Valley Blvd. However, this application has been stalled due to impacts on the Delhi Sands Flower Loving Fly. As a result, we do not expect that this application will move forward within the time period that may be covered by the moratorium. There are no additional applications that are pending with the City that might be impacted by this moratorium.