(3)AR 121509 Environmental Addendum

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Agua Mansa Commerce Center Colton, California Addendum to Environmental Impact Report Introduction The City of Colton (the "City") has prepared this Addendum pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ( "CEQA") in response to the Superior Court of San Bernardino County's ( "Court") May 21, 2009 Ruling on Petition for Writ of Mandate ( "Ruling"). The City previously certified an approximately 317 -page (plus Appendices and Exhibits) Environmental Impact Report (State Clearinghouse # 2007-071010) ( "EIR") for the development of an industrial business park on approximately 94.18 acres located north of the Santa Ana River at the southeast intersection of Riverside Avenue and Agua Mansa Road ("Property") with approximately 1,365,450 square feet of industrial development, a truck/trailer parking lot and a detention basin, all as more particularly described in the EIR Project Description, specifically page A.R., 1 1916-1918 ( "Project"). On May 13, 2008, the Colton Planning Commission adopted Resolution No. R- 03-08 that (i) certified the final EIR for the Project, (ii) adopted environmental findings pursuant to CEQA, a Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Plan ("MMRP"), and (iii) approved the Project. The Notice of Determination ("NOD") was filed on May 13, 2008. On May 21, 2008, the City of Rialto ("Rialto") drafted a letter seeking an appeal to the May 13, 2008 Planning Commission approval of the Project. On June 17, 2008, by Resolution No. R-58-08, the Colton City Council denied Rialto's appeal, certified the final EIR prepared for the Project, adopted environmental findings pursuant to CEQA, adopted a Statement of Overriding Considerations, adopted the MMRP, adopted tentative map findings, and approved the Project. The NOD was filed on June 17, 2008, and was received and properly posted by the clerk of the Board of the County of San Bernardino on June 18, 2008. On July 18, 2008, Rialto filed its Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief. Trial was held before Judge Alvarez on April 24, 2009. On May 21, 2009, Judge Alvarez ruled on the Petition for Writ on Mandate. On September 1, 2009, Judge Alvarez entered the City's Proposed Judgment and Proposed Peremptory Writ of Mandate, consistent with the ruling, as the Judgment on Petition for Writ of Mandate and the Peremptory Writ of Mandate. This Addendum will respond to Judge Alvarez's concerns regarding traffic issues raised in the Ruling and will provide clarification and details necessary to address the deficiencies in the EIR identified by Judge Alvarez. t Administrative Record ("A.R."); page ("p."); pages ("pp.") lodged in these Court proceedings. wc-141612