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Exhibit 1 - Resolution No. 2024-082

Corona City Council
August 7, 2024

Document
Exhibit 1 - Resolution No. 2024-082
Meeting
August 7, 2024
Body
Corona City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on corona.legistar1.com. That file is the official record.

RESOLUTION NO. 2024-082

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CORONA, CALIFORNIA, ADOPTING A MITIGATED

NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM AND
APPROVING AN AMENDMENT TO THE CITY’S GENERAL
PLAN TO CHANGE THE LAND USE DESIGNATION ON 0.59

ACRES LOCATED ON THE NORTH SIDE OF SECOND
STREET, APPROXIMATELY 450 FEET WEST OF BUENA

VISTA AVENUE FROM HIGH DENSITY RESIDENTIAL
(HDR) TO GENERAL COMMERCIAL (GC) TO HIGH
DENSITY RESIDENTIAL (HDR) (CYCLE 3 OF THE
GENERAL PLAN AMENDMENTS FOR 2024) (GPA2023-0004).

WHEREAS, on July 8, 2024, the Planning and Housing Commission of the City of Corona (“Planning Commission”) conducted a duly noticed public hearing and recommended that the City Council of the City of Corona (“City Council”) approve GPA2023-0004 as part of the General Plan Amendments for Cycle 3 for calendar year 2024 to amend the City’s General Plan to change the land use designation on 0.59 acres generally located on the north side of Second Street, approximately 450 feet west of Buena Vista Avenue (“Property”) from High Density Residential (HDR) to General Commercial (GC) (“General Plan Amendment”); and WHEREAS, the General Plan Amendment was submitted in conjunction with: (i) a change of zone to change the zoning on the Property from Mobile Home Park (MP) to General Commercial (C3) and to change the zoning on 4.01 acres located at the southwest corner of Buena Vista Avenue and Second Street (CZ2023-0006); and (ii) a precise plan for the development of a 1,900 square foot restaurant with drive-through service, a gas station, and a 3,750-square-foot convenience store on a 1.40 acre site, located on the north side of Second Street and west of Buena Vista Avenue (collectively referred to herein as the “Proposed Project”); and WHEREAS, on the basis of the initial study, which indicated that all potential environmental impacts from the Proposed Project were less than significant or could be mitigated to a level of insignificance, a Mitigated Negative Declaration (“MND”) was prepared pursuant to California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), the State CEQA Guidelines and the City of Corona Local CEQA Guidelines; and WHEREAS, the MND was made available to the public and to all interested agencies for review and comment on June 14, 2024, pursuant to CEQA, the State CEQA Guidelines and the City of Corona Local CEQA Guidelines; and WHEREAS, the Planning Commission based its recommendation to adopt the General Plan Amendment on the findings set forth below, and the adoption of the MND; and 2 WHEREAS, on August 7, 2024, the City Council held a duly noticed public hearing at which all persons wishing to testify in connection with the General Plan Amendment were heard and the General Plan Amendment was comprehensively reviewed; and WHEREAS, the General Plan Amendment proposes a change to the General Plan Land Use Map based on the findings below.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corona, California as follows:

SECTION 1. CEQA Findings. The City Council has reviewed and considered the information contained in the MND, the initial study and the administrative record for the Proposed Project, including all written and oral evidence provided during the comment period. Based upon the facts and information contained in the whole record before it, including the MND, the initial study and the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:

A. The MND, initial study and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines and the City of Corona Local CEQA Guidelines.

B. The MND and initial study contain a complete and accurate reporting of the environmental impacts associated with the Proposed Project and reflects the independent judgment and analysis of the City Council.

C. There is no substantial evidence in the administrative record supporting a fair argument that the Proposed Project may result in significant environmental impacts.

D. All environmental impacts of the Proposed Project are either insignificant or can be mitigated to a level of insignificance pursuant to the mitigation measures outlined in the MND, the Mitigation Monitoring and Reporting Program and the initial study.

SECTION 2. Adoption of Mitigated Negative Declaration. The City Council hereby approves and adopts the MND prepared for the Proposed Project.

SECTION 3. Adoption of the Mitigation Monitoring and Reporting Program.

The City Council hereby approves and adopts the Mitigation Monitoring and Reporting Program prepared for the Proposed Project and attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 4. General Plan Amendment Findings. Based on the entire administrative record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby makes and adopts the following findings:
3 A. The General Plan Amendment is in the public interest and would not be detrimental to public health, safety and welfare for the following reason:
(i) GPA2023-0004 will provide a logical transition of the General Commercial designation, which exists on the adjacent parcel to the west, and will establish compatibility with the commercial land uses in the immediate area and the freeway to the north.

B. The General Plan Amendment is internally consistent with the elements of the General Plan, including the goals and policies stated therein, for the following reasons:
(i) GPA2023-0004 is consistent with companion application CZ2023- 0006 which proposes to change the zoning of the Property to C3 (General Commercial) to establish consistency with the General Commercial designation of the General Plan because both classifications are intended for commercial land uses.
(ii) GPA2023-0004 is consistent with General Plan Land Use Policy LU-4.3 because it will facilitate the development of vacant lands on the periphery of existing development that complements the scale and pattern of existing uses and will result in the logical and feasible extension of infrastructure because commercial land uses and public infrastructure exist in the vicinity of the project site.

SECTION 5. Approval of General Plan Amendment GPA2023-0004. General Plan Amendment (GPA2023-0004) is hereby approved. The City Council hereby adopts the amendment to the City’s General Plan Land Use Map as set forth on the map attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which the findings set forth in this Resolution have been based are located at City of Corona City Hall, 400 S. Vicentia Avenue, Corona, California 92882. The custodian for these records is Joanne Coletta, Planning and Development Director.

SECTION 7. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 7
th day of August, 2024.

Mayor of the City of Corona, California
ATTEST:
__
City Clerk of the City of Corona, California
4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 7 th day of August 2024, by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 7
th day of August, 2024.

City Clerk of the City of Corona
[SEAL]
5 EXHIBIT “A”

MITIGATION MONITORING AND REPORTING PROGRAM
(THE MMRP IS ATTACHED BEHIND THIS PAGE, 1-5)
40 City of Corona Environmental Checklist

MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF CORONA
MM No. Mitigation Measures Implementation
Action
Method of
Verification
Timing of
Verification
Responsible
Person
Verification
Date
CUL-1 Archaeological Monitoring. Prior to the issuance
of a grading permit, the Project Applicant shall
retain and enter a monitoring and mitigation
service contract with a qualified Archaeologist
(“Archaeological Monitor”) for mitigation monitoring
services and implement a Cultural Resource
Monitoring Program (CRMP). At least 30 days
prior to issuance of grading permits, a copy of the
executed agreement between the Project
Applicant and Archaeologist shall be submitted to
the Planning and Development Department:

Condition of
Approval
Submittal of
documentati
on showing
that an
archaeologi
st has been
retained for
the Project.

Prior to
issuance of
grading
permits and
during
grading
activities
Project Applicant,
Project
Archaeologist/
Planning
Division
41 City of Corona Environmental Checklist • A CRMP shall be prepared to guide the procedures and protocols of an archaeological
mitigation monitoring program that shall be
implemented during initial onsite and offsite
ground disturbing activities. The CRMP shall
include, but not be limited to, the Project
grading and development schedule; approved
Project cultural resources mitigation measures
and conditions of approval; monitoring
procedures; protocols for the identification,
assessment, collection, and analysis of any
resource(s) observed during grading; curation
guidelines; and coordination with project
personnel, City staff, and any participating
Native American tribe(s). The Rincon Band of
Luiseño Indians shall be notified of any
discoveries. The final CRMP shall be
submitted to the City Project planner and/or
inspector, the appropriate Project
supervisor/engineer/etc., and monitoring
Native American tribe(s), if any.
•The Archaeological Monitor shall be invited
to a preconstruction meeting with construction
personnel and City and tribal representatives.

The attending archaeologist shall review the
provisions of the CRMP and answer any
applicable questions.
• Full-time monitoring shall occur throughout
the entire Project area, including all off-site
improvement areas, during initial ground-
disturbing activities. Full-time monitoring shall
continue until the Archaeological Monitor
determines that the overall sensitivity of the
Project area is low as a result of mitigation
monitoring and shall have the authority to
modify and reduce the monitoring program to
42 City of Corona Environmental Checklist
to either periodic spot-checks or complete
suspension of the monitoring program. Should
the monitor(s) determine that there are no
cultural resources within the Project site or offsite improvement areas, or should the sensitivity be reduced to low during
monitoring, all monitoring shall cease.

CUL-2 Inadvertent Discovery and Native American
Notification. In the event that a significant
cultural resource is discovered during ground
disturbance activities, the project archaeologist
shall notify the City and the Rincon Band of
Luiseño Indians for purposes of inviting the Tribe
to participate in the CRMP implementation and to
observe any continuing ground-disturbing
construction activities. Further, all ground
disturbance activities within 50 feet of the
discovered cultural resource shall be halted and
the applicant and a meeting shall be convened
between the developer, the consulting
archaeologist, the lead agency and a Rincon
tribal representative to discuss the significance of
the find. Further ground disturbance shall not
resume in the area of the discovery until the
appropriate treatment has been accomplished.

Condition of
Approval
Submittal of
documentation
showing that a
Native American
Monitor has been
retained for the
Project.

Prior to issuance
of grading permits
and during grading
activities
Project Applicant,
Project
Archaeologist,
Planning and
Planning Division,
Native American
Monitor
CUL-3 Paleontological Monitor. Prior to the issuance
of grading permits, the Project Applicant shall
submit to and receive approval from the City of a
Paleontological Resources Monitoring and
Mitigation Plan (PRMMP). The PRMMP shall
include the provision of a trained paleontological
monitor during onsite soil disturbance activities.

The monitoring for paleontological resources
shall be conducted on a full-time basis during the
rough grading phases of the Project site within
native soils that have the potential to harbor
paleontological resources. The paleontological
monitor shall be equipped to rapidly remove any
large fossil specimens encountered during
excavation. During monitoring, samples of soil
shall be collected and processed to recover
micro-vertebrate fossils. Processing shall include
wet screen washing and microscopic
examination of the residual materials to identify
Condition of
Approval
Submittal of a
Paleontological
Resources
Monitoring and
Mitigation Plan
Prior to issuance
of grading permits
and during grading
activities
Project Applicant,
Planning Division,
Paleontological
Monitor
43 City of Corona Environmental Checklist
small vertebrate remains. If paleontological
resources are unearthed or discovered during
grading activities, the following recovery
processes shall apply:
▪ Upon encountering a large deposit of bone,
salvage of all bone in the area shall be
conducted with additional field staff and in
accordance with modern paleontological
techniques.
▪ All fossils collected during the project shall
be prepared to a reasonable point of
identification. Excess sediment or matrix
shall be removed from the specimens to
reduce the bulk and cost of storage.

Itemized catalogs of all material collected
and identified shall be provided to the
museum repository along with the
specimens.
▪ A report documenting the results of the
monitoring and salvage activities and the
significance of the fossils shall be
prepared.
▪ All fossils collected during this work, along
with the itemized inventory of these
specimens, shall be deposited in a
museum repository (such as the Western
Science Center for Archaeology &
Paleontology, the Riverside Metropolitan
Museum, or the San Bernardino County
Museum) for permanent curation and
storage.

CUL-4 Discovery of Human Remains: In the event that
human remains (or remains that may be human)
are discovered at the project site during grading
or earthmoving activities, the construction
contractors, project archaeologist, and/or
designated Native American Monitor shall
immediately stop all activities within 100 feet of
the find. The project proponent shall then inform
the Riverside County Coroner and the City of
Corona Planning and Development Department,
Condition of
Approval
Submittal of
documentation
If human remains
are discovered
during grounddisturbing
construction
activities
Construction
Contractor(s),
County Coroner,
NAHC
44 City of Corona Environmental Checklist
Planning Division, immediately, and the coroner shall
be permitted to examine the remains as required by
California Health and Safety Code Section 7050.5(b).

Section 7050.5 requires that excavation be stopped in
the vicinity of discovered human remains until the
coroner can determine whether the remains are those
of a Native American. If human remains are
determined as those of Native American origin, the
applicant shall comply with the state relating to the
disposition of Native American burials that fall within the jurisdiction of the Native American Heritage
Commission (PRC Section 5097). The coroner shall
contact the Native American Heritage Commission
(NAHC) to determine the most likely descendant(s)
(MLD). The MLD shall complete his or her inspection
and make recommendations or preferences for
treatment within 48 hours of being granted access to
the site. The Disposition of the remains shall be
overseen by the most likely descendant(s) to determine
the most appropriate means of treating the human
remains and any associated grave artifacts.

The specific locations of Native American burials and
reburials will be proprietary and not disclosed to the
general public. The locations will be documented by
the consulting archaeologist in conjunction with the
various stakeholders and a report of findings will be
filed with the Eastern Information Center
(EIC).According to California Health and Safety Code,
six or more human burials at one location constitute a
cemetery (Section 8100), and disturbance of Native
American cemeteries is a felony (Section 7052)
determined in consultation between the project
proponent and the MLD. In the event that the project
proponent and the MLD are in disagreement regarding
the disposition of the remains, State law will apply and the median and decision process will occur with the
Native American Heritage Commission (see Public
Resources Code Section 5097.98(e) and 5097.94(k)).
6 EXHIBIT “B”

PROPOSED CHANGES TO LAND USE MAP OF THE GENERAL PLAN
GPA2023-0004
(THE PROPOSED LAND USE MAP IS ATTACHED BEHIND THIS PAGE) GPA2023-0004 & CZ2023-0006 EXHIBITS

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