O-02-25- Amending Section 16.16.240 of the Colton Municipal Code Relating to Tentative Map Ectensions

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1 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 ORDINANCE NO. 0-02-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA AMENDING SECTION 16.16.240 OF THE COLTON MUNICIPAL CODE RELATING TO TENTATIVE MAP EXTENSIONS WHEREAS, the City of Colton ("City") is a California municipal corporation organized pursuant to the California Constitution; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, provisions contained in the City's subdivision regulations contained in Chapter 16 of the City's Municipal Code authorizes subdividers to submit requests for extensions of approved tentative maps and authorizes the Colton Planning Commission to grant such requests for a period not to exceed an additional 12 months; and WHEREAS, California Government Code Section 66452.6 (California Subdivision Map Act), provides that "[A]n approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months;" and WHEREAS, In Griffis v County of Mono (1985) 163 CA3d 414, a California appeals court held that restricting extensions to a 1-year period was invalid; and WHEREAS, the City intends to comport its current subdivision regulations with established California law and previous extensions granted by the Planning Commission; and WHEREAS, adopting an amendment to Section 16.16.240 of the Colton Municipal Code to maintain consistency with state laws and court opinions is in the public interest and consistent with the Colton General Plan because authorizing additional time for developers to reccrr57r5aps and promote the Land Use Goals and Policies in the General Plan, including, but not limited to, LU -1, LU Policy 1.6, Goal LU-8, LU Policy 8.3 which seek to encourage development of attractive residential developments that meet the housing needs of the City of Colton and the region. NOW, THEREFORE, the City Council of the City of Colton, California, does ordain as follows: SECTION 1. Incorporation of Recitals. The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.