O-04-26 - Approving a Development Agreement No. O-04-26 Between the City of Colton and IDI Agua Mansa, LLC for the Agua Mansa Logistics Center Project for Property Generally Located at 1400 Agua Mansa Road

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2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council has found that this Development Agreement is consistent with the City's General Plan; and WHEREAS, the City Council has determined that by entering into the Development Agreement: (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will be created for City residents and the public generally from increased employment, property tax revenue, and contributions from Developer toward public capital improvements; and WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to conditions and requirements set for therein; and WHEREAS, previously, on June 20 and July 18, 2023, City Council adopted Resolution Nos. R-6-23 and R-73-23, which approved the Tentative Parcel Map No. 20358 and other related project approvals, including Ordinances Nos. 0-06-23 and 0-05-23 and the approval and adoption of the Initial Study/15183 Analysis pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 ("15183 Analysis"); and WHEREAS, subsequently, the San Bernardino Superior Court (Case No. CIVSB2317228) issued a peremptory writ of mandate, directing the City of Colton to void, vacate, and set aside the approvals set forth in Resolution Nos. R-6-23 and R-73-23, and any other resolutions related to the project, and further directed that prior to City Council taking any action with regard to issuance of any approvals related to Resolution Nos. R-60-23 and R-73- 23, the City shall conduct a mitigation analysis as it pertains to operational air quality impacts pursuant to the Court's June 3, 2024 ruling and State CEQA Guidelines section 15183; and WHEREAS, on February 3, 2025, City Council adopted Resolution No. R-04-26, to void, vacate, and set aside the approvals set forth in Resolution Nos. R-60-23, R-73-23, R-15- 24, R-16-24, and R-17-24 and Ordinances Nos. 0-06-23 and 0-05-23; and WHEREAS, in order to address the peremptory writ of mandate in Case No. CIVSB2317228, the City prepared a revised 15183 Analysis, in accordance with the provisions of the California Environmental Quality Act ("CEQA"); and WHEREAS, pursuant to CEQA Guidelines section 15183, projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site; and WHEREAS, IDI Agua Mansa, LLCis seeking City approval to allow for the construction of a new warehouse/office building at 1400 Agua Mansa Road and developer IDI Logistics is seeking City approval to allow for the construction and operation of a new warehouse/office buildings at 1500 Agua Mansa Road ("Project");and