O-04-24 - Approve a Second Amended and Restated Development Agreement With Iron Horse Hills LLC

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1 benefits will be created for City residents and the public generally from increased employment and property tax revenue created by the Project; and 2 WHEREAS, on March 19, 2024, the City Council held a duly advertised public hearing on 3 the Development Agreement; and 4 WHEREAS,the City Council considered the Staff Report, the Development Agreement, all recommendations by staff, and public testimony; and 5 WHEREAS, on September 5, 2006, the City Council, as the lead agency under the 6 California Environmental Quality Act ("CEQA") affirmed Planning Commission Resolution No. R- 06-06, certifying the Environmental Impact Report ("EIR") (SCH No. 2005041028) for Tentative 7 Tract Map No. 16798, and as part of its approval of the Project, City adopted Findings of Fact, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the 8 Project; and 9 WHEREAS, an Addendum to the EIR has been prepared to analyze the impacts of the minor changes to the Project, including the Second Amendment,pursuant to CEQA, because no new 10 significant impacts or a substantial increase in the severity of previously identified significant impacts have occurred and therefore no additional environmental review is required for approval 11 pursuant to State CEQA Guidelines Section 15162 and Public Resources Code section 21166; and 12 WHEREAS,the Planning Commission has reviewed and considered the Addendum prior to recommending City Council action on the Second Amendment. 13 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES RESOLVE AS FOLLOWS: 15 SECTION 1. The City Council has, by separate action taken on March 19, 2024, adopted a 16 resolution adopting the Addendum to the EIR (SCH No. 2005041028) which was certified on September 5, 2006 by the City Council. The Addendum analyzed the environmental impacts of the 17 actions taken in this Resolution. Adopting the Addendum satisfied the Planning Commission's obligations under the California Environmental Quality Act regarding the Project, and none of the 18 conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environmental review is required as adoption of this Resolution falls within the 19 scope of the adopted Addendum and previously certified EIR. 20 SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, the Planning Commission finds this Second Amended and Restated 21 Development Agreement not be detrimental to the health, safety and welfare of the community because the Development Agreement will permit land uses that best reflect community needs, 22 including the need for local employment opportunities and increased property tax revenue to fund City services, and will allow for the most efficient and logical development of the real property 23 governed by the Development Agreement in the City. SECTION 3. Pursuant to California Government Code Section 65867.5(b) and based on the 24 entire record before the City Council, including all written and oral evidence presented,the Planning Commission hereby finds that the Second Amendment is consistent with the General Plan because it 25 will result in the development of the Property that is consistent with the uses and intensity allowed under the General Plan. 26 SECTION 4. Based on the entire record before the City Council, including all written and 27 oral evidence presented, the City Council finds this Second Amendment to be compatible with the uses authorized in, and the regulations prescribed for, the Reche Canyon Specific Plan land use 28 designations in which the real property is located. - 2 - 23152.06329\41826893.1