2006 ORD O-17-06 Urgency - Laserfiche WebLink

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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 D. 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 considering, studying or intends to study within a reasonable time. E. The City Council is concerned that continued acceptance of entitlement applications for the land uses north of 1-10, south of San Bernardino Avenue, and west of Hermosa Avenue to the westerly city limit (as shown on Exhibit A) will 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 acceptance of land use applications and the issuance of building permits for certain land uses, exempting existing land uses that do no result in an expansion flooring, until the City and its Consultants can analyze appropriate areas of the City where such uses may locate and propose policies to standards to assure that such uses are not incompatible with other contemplated land uses. F. On June 20, 2006, the City Council approved the 2006/07 Economic Development Budget, which included the West Valley Specific Plan Amendment. (A section of area within this specific plan is outlined in Exhibit A.) The approval of a geographic moratorium is a tool to allow the City to effectively establish a plan for these defined areas. It restricts 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. The geographic 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 the acceptance and 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 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. Pursuant to Government Code Section 65858, the City Council of the City of Colton hereby suspends the acceptance, consideration, processing, or review and issuance of any new application, permit, entitlement or development approval for development of any land, exempting existing land uses that do no result in an expansion flooring, effective upon the adoption of this Urgency Ordinance, and continuing for the time set forth at Section 5 below. Such suspension shall not apply to any conditional use permit, variance or site plan/design review permit or building permit approval previously granted but not vested in accordance with California law. The geographic areas that are subject to this moratorium are more specifically defined in the attached Exhibit A. -2-