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STAFF REPORT <br />ITEM NO. 9 <br />DATE: DECEMBER 15, 2009 <br />TO: MAYOR AND CITY COUNCIL <br />FROM: ROD FOSTER, CITY MANAGER <br />PREPARED BY: CANDACE E. CASSEL, ECONOMIC DEVELOPMENT DIRECTO <br />SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION ADOPTING THE <br />ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE <br />AGUA MANSA COMMERCE CENTER PURSUANT TO THE CALIFORNIA <br />ENVIRONMENTAL QUALITY ACT IN RESPONSE TO THE SUPERIOR COURT <br />OF SAN BERNARDINO COUNTY'S MAY 21, 2009 RULING ON PETITION FOR <br />WRIT OF MANDATE <br />RECOMMENDED ACTION <br />It is recommended that the City Council approve a Resolution, adopting the Addendum to the Final <br />Environmental Impact Report for the Agua Mansa Commerce Center pursuant to the California <br />Environmental Quality Act in response to the Superior Court of San Bernardino County's May 21, 2009 <br />Ruling on Petition for Writ of Mandate. <br />GOAL STATEMENT <br />The proposed action will support the City's goal to comply with CEQA, process land use entitlements as <br />submitted by property owners and encourage economic development. <br />BACKGROUND <br />On May 13, 2008, the Colton Planning Commission adopted Resolution No. R-03-08, certifying the final <br />Environmental Impact Report (State Clearinghouse # 2007-071010) ("EIR") for the development of an <br />industrial business park, known as the Agua Mansa Commerce Center ("Project"). The Project is located <br />on approximately 94.18 acres west of the Santa Ana River at the southeast intersection of Riverside <br />Avenue and Agua Mansa Road ("Property"). The Project contains approximately 1,365,450 square feet of <br />industrial development. <br />On May 21, 2008, the City of Rialto ("Rialto") drafted a letter seeking an appeal to the May 13, 2008 <br />Planning Commission approval of the Project. On June 17, 2008, (Resolution No. R-58-08) the Colton <br />City Council denied Rialto's appeal, certified the final EIR prepared for the Project, adopted <br />environmental findings pursuant to CEQA, adopted a Statement of Overriding Considerations, adopted <br />the MMRP, adopted tentative map findings, and approved the Project. The Notice of Determination <br />