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HomeMy WebLinkAboutOrdinance - 2509 - Avalon Park Subdivision ORDINANCE NO. 2509 AN UNCODIFIED ORDINANCE OF THE CITY OF REDDING APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF REDDING AND JEFF MORA RELATIVE TO THE DEVELOPMENT KNOWN AS AVALON PARK SUBDIVISION (A.K.A. NORTH VIEW ESTATES) S-2-97 The City Council of the City of Redding does ordain as follows: SECTION 1. Government Code Section 65867.5(a) states that a "development agreement is a legislative act that shall be approved by ordinance and is subject to referendum." SECTION 2. Government Code Section 65867.5(b) states that a "development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan." SECTION 3. On September 7, 2004, the City Council adopted Ordinance 2335, thereby approving the "Development Agreement By and Between the City of Redding and Jeff Mora Relative to the Development Known as Avalon Park (a.k.a. North View Estates) S-2-97," on file with the City Clerk. SECTION 4. The City Council hereby approves the Second Amendment to the Development Agreement substantially in the form marked as Attachment B to the staff report for the August 5, 2014, City Council meeting titled "Public Hearing re Ordinance Effectuating a Second Amendment to the Development Agreement By and Between the City of Redding and Jeff Mora Relative to the Development Known as Avalon Park Subdivision (a.k.a. North View Estates) S- 2-97" and on file with the City Clerk, subject to such minor and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution thereof (Second Amendment to Development Agreement). SECTION 5. The City Council adopts the following findings in conjunction with its approval of the Second Amendment to the Development Agreement: (a) Public hearings have been held by the Planning Commission and the City Council, as required by California Government Code Section 65867, et seq., and Redding Municipal Code Section 18.20.030. (b) Notice of the public hearings in the form of a notice of intention to consider approval of a development agreement has been given in compliance with state law, California Government Code Section 65867, and Redding Municipal Code Q Section 18.20.030. Q (c) The Development Agreement is in the best interest of the City. Lk (d) The Development Agreement will promote the public interest and welfare of the City. (e) The Development Agreement as amended is consistent with the objectives, policies, general land uses, and programs specified in the City's General Plan and all applicable specific plans. (f) The Development Agreement as amended is consistent with, and conforms to, the requirements of California Government Code Sections 65864-65869.5. SECTION 6. The Mayor is authorized and directed to execute the amendment to the Development Agreement on behalf of the City of Redding. SECTION 7. This ordinance shall take effect and be in full force thirty (30) days after the date of its adoption, and the City clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a special meeting on the 5th day of August, 2014; and was duly read and adopted at a regular meeting on the 19th day of August, 2014, by the following vote: AYES: COUNCIL MEMBERS: Cadd,Jones,McArthur, Sullivan, &Bosetti NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None RICK BOSETTI, Mayor ATTEST:;, - FORM APPROVED: l,µ• PAME IZE�=Cit (Clerk RICHARD A. DUVERNAY C' Attorne y 07/21/14 `. Ordinance\Amndmat-se ondDevAgrmnt-AvalonPark-DD-CC.wpd