AR 101706 Amended urgency ordinance O-21-06

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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 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 considering, studying or intends to study within a reasonable time. E. The City Council is concerned that approval of entitlement applications for land uses in the Pellisier Ranch Area may adversely impact the short-term planning efforts of the City's Planning Staff and Consultants to study existing and proposed land uses in the City. As a result, the City Council wishes to adopt a temporary moratorium on the approval of land use applications and the issuance of building permits until the City and its Consultants can analyze such uses and propose policies to standards to assure that future uses are not compatible with other contemplated land uses. F. On May 30, 2006, the City Manager's office presented images as possible blueprints for the La Loma Hills / Pellisier Ranch Area. The proposed uses were discussed along with the necessary steps to move towards ensuring quality and consistent development in a proposed La Loma Hills / Pellisier Ranch Area Specific Plan (Exhibit A). The approval of a moratorium is a tool to allow the City to effectively establish a plan for the La Loma Hills / Pellisier Ranch Area. It 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 Pellisier Ranch 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 and/or zoning ordinance. 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. G. Consequently, the City Council finds that this Urgency Ordinance is necessary to protect the public health, safety and welfare by providing the City with a mechanism to suspend and/or deny the approval of certain permits and entitlements that establish land uses that may be inconsistent and in conflict with the current general plan revision effort. The City Council further finds that the approval of additional subdivisions, building permits, or other entitlements and permits 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. Such prohibitions on entitlements 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 and/or zoning ordinance. This moratorium further promotes the public's interest in the development of an accurate general plan document and protects the economic revitalization efforts in the City of Colton. SECTION 2. The City of Colton shall not issue or approve any general plan amendment, zone change, building permit, conditional use permit, variance, subdivision map or other land use entitlement or permit required to comply with the provisions of the City of Colton Zoning Ordinance for development of any use, building structure on any properties described in the attached Exhibit "A" ("Study Area") during the time that this interim urgency ordinance is in effect, and continuing for the time set forth in Section 7 below. The prohibitions contained in this section shall not apply to (1) the issuance of building and other permits issued for existing lawful uses and buildings that do not result in expansion of the existing floor area of such uses or buildings in the Study Area; and (2) the issuance of permits described in Colton Municipal Code Section 15.040.010, including building electrical, plumbing mechanical and grading permits for buildings and uses that have received discretionary land use entitlement approvals on or before the effective date of this urgency ordinance. ORANGE\MMARTINEZ\30644.1 - 2 -