2007 ORD O-02-07 - Laserfiche WebLink

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2 3 0 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 0-02-07 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON REPEALING ORDINANCE NO. 0-02-06 REGARDING REQUIREMENTS FOR THE REVIEW OF LAND TO BE USED AS OPEN SPACE MITIGATION FOR SPECIES CONSERVATION THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: SECTION 1. Urgency Findings. The City Council of the City of Colton hereby adopts this Urgency Ordinance based on the following: 1. The City Council adopted Urgency Ordinance No. 0-02-06 on January 17, 2006 to promote the City's dual interests in preservation of habitat for the Delhi Sands Flower Loving Fly and certainty in its land use planning. The City Council found that ordinance to be exempt from the California Environmental Quality Act ("CEQA') as an action by a regulatory agency to protect the environment and that involves the creation of open space, and under the general rule that CEQA does not apply to activities having no adverse effect on the environment. (State CEQA Guidelines, §§ 15064(b)(3), 15308, 15317.) Following a challenge to the City's CEQA determination, the Superior Court of San Bernardino County concluded that the exemptions on which the City relied in adopting ordinance No. 0-02-06 did not apply. (Calmat v. City of Colton, et al., San Bernardino County Superior Court, Case No. SCVSS135476.) The court reached that conclusion in part because it found that the ordinance as drafted could interfere with efforts to protect the Delhi Fly. Accordingly, the court ordered the City to rescind the ordinance, and notify the court of what action it has taken within 30 days of service of the writ. 2. Due to the timeframe in the court's order, the City must rescind Ordinance No. 0-02-06 immediately. 3. Following adoption of Ordinance No. 0-02-06, City staff has participated in discussions with the United States Fish and Wildlife Service and others regarding potential region -wide efforts to protect the Delhi Sands Flower Loving Fly, which would, if successful, obviate the continued need for Ordinance No. 0-02-06. 4. While the City disagrees with the court's decision and is considering all available options, including appeal, the City nevertheless wishes to comply with the court's direction to rescind Ordinance No. 0-02-06 and to pursue other alternatives that would result in the establishment of a region -wide solution to species conservation while facilitating the City's land use planning efforts. 5. Consequently, based on the forgoing declaration of facts, the City Council finds that this Urgency Ordinance is necessary to promote the immediate preservation of the public peace, health and safety. SECTION 2. Urgency Ordinance No. 0-02-06, which added Chapter 18.31 to the Colton Municipal Code, is hereby repealed. - 1 -