Laserfiche WebLink
commission, or development services director. The City shall promptly notify the Applicant of <br />1 any claim, action, or proceeding concerning the project and the City shall cooperate fully in the <br />defense of the matter. The City reserves the right, at its own option, to choose its own attorney to <br />2 represent the City, its officers, employees, and agents in the defense of the matter. <br />3 SECTION 6. If any sentence, clause or phrase of this Ordinance is for any reason held to <br />be unconstitutional or otherwise invalid, such decisions shall not affect the validity of the <br />4 remaining provisions of this Ordinance. <br />5 SECTION 7. The project described is approved despite the existence of certain <br />6 significant environmental effects identified in the EIR, and this City Council, makes and adopts <br />the findings described in City of Colton Resolution R-38-18 with respect to each pursuant to <br />7 CEQA Guidelines Section 15091 and Public Resources Code Section 21081 and declares that it <br />considered the evidence described in connection with each finding. Pursuant to Public Resources <br />8 Code Section 21081 and CEQA Guidelines Section 15093, this City Council approves and adopts <br />a "Statement of Overriding Considerations" and finds that the impacts of the project which <br />9 remain significant and unavoidable are outweighed by the project's overriding benefits. This City <br />10 Council finds and determines that the EIR is complete and adequate in scope, was completed in <br />compliance with CEQA, and that it was presented to and considered by, and reflects the <br />11 independent judgement of, this City Council. The City Council hereby adopts and makes a <br />condition of project approval the related Mitigation Monitoring and Reporting Program, as <br />12 described in resolution R-38-18. <br />13 SECTION 8. Pursuant to CEQA Guidelines an Environmental Impact Report (EIR) has <br />been prepared for this project, as described above, to assess potential environmental impacts. An <br />14 EIR is comprised of two parts, the Draft EIR and the Final EIR. A Draft EIR was made available <br />and circulated for public review and comment, pursuant to the provisions of the California <br />15 Environmental Quality Act (CEQA), for a 45 -day public review period from August 7, 2017 to <br />16 September 21, 2017. The Final EIR responds to the comments and includes text revisions to the <br />Draft EIR in response to input received on the Draft EIR. Unlike the Draft EIR, comments on the <br />17 Final EIR are not required to be responded to by the City. If written comments are received, they <br />will be provided to the Planning Commission as part of the staff report for the project. The EIR <br />18 will be submitted to the Planning Commission and City Council for requested certification and <br />19 action on the Project. <br />20 SECTION 9. Certification/Publication. The City Clerk shall certify to the passage of the <br />Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after <br />21 adoption in a newspaper of general circulation published and circulated in the City of Colton. <br />22 SECTION 10. This Ordinance shall become effective thirty (30) days after its adoption <br />in accordance with the provisions of California law. <br />23 <br />24 PASSED, APPROVED AND ADOPTED on this 5`" day of June, 2018. <br />25 I <br />26 <br />RICHARD A. DELAROSA, Mayor <br />27 ATT T: ¢ n <br />28 / �`- <br />CAROLINA A. PADILLA, City Clerk <br />