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1 <br />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 />URGENCY ORDINANCE NO. 0-05-13 <br />AN URGENCY ORDINANCE OF THE CITY COUNCIL OF <br />THE CITY OF COLTON AMENDING THE ZONING <br />ORDINANCE (CMC TITLE 18) AND OFFICIAL ZONING <br />MAP TO ENSURE CONSISTENCY WITH THE ADOPTED <br />GENERAL PLAN UPDATE LAND USE AND HOUSING <br />ELEMENT GOALS, POLICIES, PROGRAMS AND <br />OBJECTIVES (DAP -001- 095), AND SETTING FORTH THE <br />FACTUAL BASIS FOR SAME AS AN URGENCY <br />ORDINANCE. <br />THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, HEREBY FINDS <br />AND DETERMINES AS FOLLOWS: <br />A. Section 36937 of the California Government Code authorizes the City Council to <br />adopt an ordinance that will take effect immediately if it is an ordinance for the immediate <br />preservation of the public peace, health or safety, containing a declaration of the facts <br />constituting the urgency, and is passed by a four-fifths (4/5) vote of the City Council. <br />B. The City of Colton is required by State law to accommodate the development of <br />lower-income housing units as its assigned share of the region's housing needs for persons <br />within this income range for the 4`h Housing Element cycle. <br />C. In order to meet this State mandate, the City must complete the rezoning of <br />sufficient property to accommodate its share of low-income housing prior to October 15, 2013. <br />D. The possible ramifications under State law for failing to make adcuate sites <br />available to accommodate the City's allocated share of the regional needs for the 4` Housing <br />Element cycle prior to October 15, 2013 are significant and include (1) a carryover of <br />unaccommodated need pursuant to Government Code Sec. 65584.09, which would substantially <br />increase the number of high density units that the City must rezone for; and (2) a possible <br />finding that the City's Housing Element is out of compliance, which could result in litigation, <br />exposure to attorneys' fees and judicial intervention in the City's land use authority, all of which <br />could impact the public peace, <br />E. For the reasons stated above and to preserve the public peace, health and safety, <br />this Ordinance is being adopted as an urgency ordinance pursuant to Government Code Section <br />36937. <br />NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES <br />ORDAIN AS FOLLOWS: <br />SECTION 1. The City Council hereby incorporates the Recitals set forth above as <br />findings supporting this Ordinance to be adopted as an urgency measure. <br />SECTION 2. The City hereby adopts the attached Zoning Map and Zoning Text <br />Amendment to be consistent with Resolution No. R-61-13 adopted by City Council on August <br />20, 2013, approving a General Plan Update for the Land Use, Mobility and Housing Elements. <br />- 1 - <br />