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ITEM #5 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF DECEMBER 4, 2007 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: DAVID R. ZAMORA, COMMUNITY DEVELOPMENT DIRECTOR <br />SUBJECT: APPROVAL OF AN URGENCY ORDINANCE OF THE OF THE CITY <br />COUNCIL OF THE CITY OF COLTON IN ACCORDANCE WITH <br />GOVERNMENT CODE SECTION 65858 ENACTING FOR A PERIOD <br />OF FORTY-FIVE (45) DAYS A MORATORIUM ON THE APPROVAL <br />OF LAND USE ENTITLEMENTS AND PERMIT APPLICATIONS <br />WITHIN THE REGIONAL PARK STUDY AREA <br />DATE: <br />November 27, 2007 <br />BACKGROUND: <br />The San Bernardino County Regional Park Project has been a County -led effort, in conjunction <br />with the City of Colton and the Wildlands Conservancy, to locate in Colton the first new County <br />Regional Park in over 20 years. The project has been delayed due to difficulties in obtaining the <br />property necessary for the Park at its proposed location situated on approximately 100 acres of <br />land north and west of the Santa Ana River, east of La Cadena Avenue, and south of Congress <br />Street and 21 acres south of the Santa Ana River and west of La Cadena (APN 0275-192-06- <br />0000) ("Regional Park Study Area"). Current land uses in the Regional Park Study Area include <br />Residential (R-1), Industrial Park (IP), and Open Space (OS). However, a vast majority of the <br />Regional Park Study Area is currently zoned Open Space. While there are no pending <br />development applications and no pending zone change requests for parcels located in the <br />Regional Park Study Area, there have been several inquiries by developers expressing interest in <br />developing property within the Regional Park Study Area. <br />At the same time, the City of Colton continues to proceed in amending its current General Plan <br />and Zoning Ordinance. Indeed, the City's Planning Consultants were recently authorized to <br />proceed with Phase II of the General Plan development program. Of course, development of the <br />new General Plan will necessarily study existing and proposed land uses in the entire City and the <br />Regional Park Study Area in particular. Recently, concerns have been expressed about delays <br />in the identification and implementation of the Regional Park. In fact, the City has communicated, <br />on multiple occasions, with County elected officials and staff members to identify options on how <br />to proceed. <br />Given the uncertainties of the scope of the Regional Park and the City's current General Plan and <br />Zoning efforts, the City Council requested that City staff prepare a moratorium ordinance to <br />assure that the City has a mechanism in place to prevent the development of land uses that could <br />be incompatible with the Regional Park. A proposed 45 -day moratorium ordinance preventing the <br />issuance of land use entitlements and other permits in the Regional Park Study Area is attached. <br />DISCUSSION / ANALYSIS: <br />California Government Code, Section 65858 authorizes the City to adopt an interim urgency <br />ordinance prohibiting any uses which may be in conflict with a contemplated General Plan, <br />