(3)AR 121509 Environmental Addendum

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RESOLUTION NO. jR:qq 0q A RESOLUTION OF THE CITY OF COLTON, CALIFORNIA APPROVING AN ADDENDUM TO THE AGUA MANSA COMMERCE CENTER FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARING HOUSE NO. 2007-071010) WHEREAS, the City of Colton, California (the "City") on June 17, 2008 approved the proposed development of an industrial business park, known as the Agua Mansa Commerce Center ("Project"). The Project is located on approximately 94.18 acres west of the Santa Ana River at the southeast intersection of Riverside Avenue and Agua Mansa Road ("Property"). The Project contains approximately 1,365,450 square feet of industrial development; and WHEREAS, On July 18, 2008, the City of Rialto filed its Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief entitled, City of Rialto v. City of Colton, Case No.: CIVSS 809613. Trial was held before Judge Alvarez on April 24, 2009. On May 21, 2009, Judge Alvarez ruled on the Petition for Writ of Mandate; and WHEREAS, on September 1, 2009, the Court entered a judgment, consistent with the ruling, stating that the Final EIR, as well as the City's Findings and Statement of Overriding Considerations regarding the Project, fully comply with the California Environmental Quality Act, (California Public Resources Code section 21000 et seq.) ("CEQA"), except for their analysis in the following four areas: 1. The administrative record did not support the EIR's designation of 1,081,782 square feet of High Cube warehouse distribution use. 2. The EIR was deficient in its explanation of the methodology used to calculate the traffic growth in the vicinity of the Project. 3. The Court found that certain assumptions related to completion by another agency of traffic signal synchronization were uncertain and therefore could not be relied upon in determining the baseline for the Project. The Court found that, because the traffic signal synchronization could not be counted upon to establish the baseline traffic conditions, the EIR's description of the level of service at the affected intersections was inaccurate. 4. The Court found that, because of the above deficiencies in the EIR's traffic analysis, the estimate of the traffic generated by the Project was inaccurate, and as a result the mitigation measures proposed for the Project, particularly those requiring the payment of "fair share fees," were insufficient. WHEREAS, as part of the judgment, the Court issued a peremptory writ of mandate directing the City to conduct analysis in the four areas set forth above; and WHEREAS, the City prepared an addendum to the Final EIR (the "Addendum") in compliance with CEQA that satisfies all requirements in the peremptory writ of mandate issued by the Court by sufficiently: (i) Clarifying the Project square footage designated as High Cube warehouse distribution use.