2006 ORD O-02-06 Urgency - Laserfiche WebLink

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 URGENCY ORDINANCE NO. 0-02-06 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON ESTABLISHING POLICY RELATING TO THE USE OF LAND FOR DELHI SANDS FLOWER LOVING FLY MITIGATION AND ADDING CHAPTER 18.31 TO THE COLTON MUNICIPAL CODE ESTABLISHING THE DELHI SANDS FLOWER LOVING FLY CONSERVATION OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: SECTION 1. Urgency Findings. The City Council of the City of Colton hereby adopts this Urgency Ordinance based on the following: I . The City Council finds that based on the Inventory of Natural Resources utilized by the United States Fish and Wildlife Service, certain properties in the City of Colton may have a soil type that is conducive to habitat for the Delhi Sands Flower Loving Fly ("Habitat"), a species that is on the federal endangered species list. Further, while there are other habitat areas for other endangered species in the City, no habitat area contains as much land for a single species than the habitat area that, according to the U.S. Department of Fish & Wildlife, may be needed for the Delhi Sands Flower Loving Fly; 2. The City has recently learned that some properties in the City of Colton have already been set-aside as Habitat for the Delhi Sands Flower Loving Fly ("Delhi Fly") and have been restricted as such by open space conservation agreements, easements and other contractual mechanisms by their owners to insure that these properties will never be used for anything except open space conservation and Delhi Fly Habitat, despite the properties' current land use and zoning designations which may allow for some reasonable development. 3. Further, the City currently has no reasonably convenient mechanism to track the number, size, and length of time that properties are encumbered by such contracts and conservation easements. 4. In May of 2004, the City Council directed its Planning Staff to undertake a comprehensive analysis and revision of the Land Use Element of the General Plan. Since that time, staff and the City's General Plan consultants, P&D Consultants, have been working to gather information and prepare development scenarios for consideration by the Planning Commission and City Council. P&D and City staff are at the stage where they are analyzing data for the development of recommendations for proposed development scenarios and land uses. These will be presented at a joint meeting of the City Council and Planning Commission on January 24, 2006. These development scenarios include making recommendations about proposed land uses and building intensities for proposed land use designations. At the same time, staff has learned that more than 70 acres of the City have been or will be encumbered by conservation easements and agreements that require these lands to be used for habitat conservation and/or open space uses for prolonged periods of time. (Source: Slover Avenue Biological Opinion, pp. 11.) In other words, these easements and contracts will preclude all development of these properties in the foreseeable future despite the fact that the City's General Plan and Zoning Ordinance would otherwise permit development of some type. ORANGENMARTINEZ\23217.1 - I -