AR 112106 extension of moratorium

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Projects That Are Already Exempt Two of the projects listed on Exhibit C are already exempt from the moratorium because they have received land use entitlements prior to the adoption of the moratorium (Larry Lord - Approved Design Review and Minor Variance) or do not propose actual land uses that require compliance with the City's Zoning Ordinance (G.W. Singletary Project - Extension of High Grove - County Flood Control Channel). Discussion of Other Exemptions 1. Medlin Property. The Medlin Property is located west of Tropica Rancho Road in a portion of the Pellisier Ranch Area that is somewhat isolated from the remainder of the moratorium area. In fact, the Medlin Property is surrounded on three side by the Santa Ana River on the north, the County landfill on the west and hillsides and an Edison easement on the south. As a result, excluding the Medlin Property from the moratorium boundaries will not impact the goals of the proposed Pellisier Ranch Area Specific Plan and will not create a future land use incompatibility, given its isolated location. As a result, the moratorium boundaries have been revised to exclude the Medlin property from the moratorium. 2. Countv CountProperties. The County of San Bernardino operates a sanitary landfill generally between the Santa Ana River to the north, the Edison Easement area to the south and the Medlin property to the east. The County also owns several properties which we understand it intends to develop as parkland and a trail system. Generally, cities and counties are mutually exempt from each other's zoning and other ordinances. Thus, development of the County owned property situated in the City may be exempt from compliance with the City's ordinances, including its land use regulations. Although development of County may be exempt from compliance with the City's ordinances, the County would still be required to submit its planned project(s) to the City to determine consistency with the City's General Plan pursuant to Government Code 65402. As a result, City staff believe that maintaining the County properties within the boundaries of the moratorium area would continue to encourage cooperative dialogue between the City and County as to the County's development plans for their properties. 3. Sandoval/Earp Property. This property is located at 2671 Security Avenue. It is currently the subject of a code enforcement case that requires the property owner to abate certain illegal uses and buildings. While staff does not recommend that the property be exempted from the moratorium boundaries, it is necessary to allow the issuance of permits that may be needed to abate the illegal uses and buildings on the property. Otherwise the moratorium would prevent the owners from complying with the City's requirements. As a result, language has been added to the moratorium exemptions for "permits required to