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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />F. Government Code, Section 65858 authorizes the City to adopt an interim <br />Urgency Ordinance to protect the public safety, health and welfare and to <br />prohibit uses which may be in conflict with a contemplated General Plan or <br />zoning proposal which the City is considering, studying or intends to study <br />within a reasonable time. <br />G. The purpose of this moratorium is to protect the public safety, health and <br />welfare of the citizens of the City of Colton by prohibiting the approval of land <br />use entitlement applications and other permits for land uses in the Regional <br />Park Study Area that may adversely impact the planning efforts of the City's <br />Planning Staff and Consultants in studying an proposing appropriate land uses <br />in the Regional Park Study Area. As a result, the City Council wishes to adopt <br />this temporary moratorium on the approval of land use applications and the <br />issuance of building, occupancy and other permits until the City and its <br />Consultants can analyze such uses and propose policies, standards and <br />implementation measures to assure that future uses are compatible with <br />contemplated land uses. <br />H. The City Council finds that the approval of a moratorium is a tool to allow the <br />City to effectively establish a plan for the Regional Park Study Area. It's <br />intent is to restrict approval of land uses that would result in a current and <br />immediate threat to the public safety, health, or welfare because consideration <br />and approval of such uses may be inconsistent with proposed land use <br />designations and contemplated general and specific plan policies now being <br />studied for the Regional Park Study Area. The moratorium would protect and <br />promote the planning process by, among other things, prohibiting the <br />introduction of potentially nonconforming land uses that could defeat the City's <br />later -adopted General Plan and zoning ordinance. <br />SECTION 2. Moratorium. The City of Colton shall not issue or approve any <br />General Plan amendment, zone change, building permit, occupancy permit, conditional use <br />permit, variance, subdivision map or other land use entitlement or permit required to comply <br />with the provisions of the City of Colton Zoning Ordinance for development of any use, <br />building, or structure on any properties described in the attached Exhibit "A" ("Regional Park <br />Study Area") during the time that this interim urgency ordinance is in effect, and continuing <br />for the time set forth in Section 7 below. <br />The prohibitions contained in this section shall not apply to (1) the issuance of <br />building and other permits issued for existing lawful uses and buildings that do not result in <br />expansion of the existing floor area of such uses or buildings in the Regional Park Study <br />Area; and (2) the issuance of permits described in Colton Municipal Code Section <br />15.040.010, including building, electrical, plumbing, mechanical and grading permits, for <br />buildings and uses that have received discretionary land use entitlement approvals on or <br />before the effective date of this urgency ordinance. <br />SECTION 3. Compliance with California Environmental Quality Act. The City <br />Council finds that this Urgency Ordinance is not subject to the California Environmental <br />Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct <br />or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the <br />activity is not a project as defined in Section 15378) of the CEQA Guidelines, California <br />Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical <br />change to the environment, directly or indirectly ; it prevents changes in the environment <br />pending the completion of the contemplated General Plan and zoning code revisions and <br />-2- <br />