2008 ORD O-03-08 - 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 URGENCY ORDINANCE NO. 0-03-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON REPEALING URGENCY ORDINANCE NO. 0-01-08 AND REPEALING THE MORATORIUM ON THE ISSUANCE OF LAND USE ENTITLEMENTS AND PERMIT APPLICATIONS IN THE COLTON REGIONAL PARK STUDY AREA THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: SECTION 1. Urgency Findings. In accordance with California Government Code, Section 36937 and in order to protect the public the public peace, health and safety, the City Council of the City of Colton finds as follows: A. On December 4, 2007, the City Council of the City of Colton adopted Urgency Ordinance No. 0-21-07 enacting for a period of 45 days a moratorium on the issuance of land use entitlements and permits over an area situated on approximately 100 acres of land north and west of the Santa Ana River, east of La Cadena Avenue, and south of Congress Street and 21 acres south of the Santa Ana River and west of La Cadena (APN 0275-192-06-0000) ("Regional Park Study Area"). B. The purpose of the moratorium and the basis upon which it was adopted was the City's recent efforts to master plan the Regional Park Study Area, including the development of a Regional Park, and the uncertainty of proposed land use designation being considered by the City and its land use consultants. An additional purpose of this moratorium was to protect the public safety, health and welfare of the citizens of the City of Colton by prohibiting the approval of land use entitlement applications and other permits for land uses in the Regional Park Study Area that may adversely impact the planning efforts of the City's Planning Staff and Consultants in studying an proposing appropriate land uses in the Regional Park Study Area and the surrounding area. C. On January 15, 2008, Urgency Ordinance No. 0-21-07 was extended by an additional period of 120 days with the adoption by the Colton City Council of Urgency Ordinance No. 0-01-08. At that time, the city council indicated to property owners that they would repeal the moratorium prior to the 120 day period if at any time it became apparent that the moratorium was unnecessary. D. On February 7, 2008, the City of Colton and the County of San Bernardino determined that the development of a regional park in the Regional Park Study Area was not likely to occur, citing the difficulty in acquiring the necessary acreage from parties that own property in the Regional Park Study Area, including the City of Riverside - Public Utilities Department. In fact, in a letter dated February 4, 2008, the Riverside Public Utilities General Manager informed the City of Colton that Riverside will use the majority of its acreage for groundwater recharge purposes. 28 II ORANGE\MMARTINEZ\45030.1 - I -