HomeMy WebLinkAboutOrdinance - 2556 - Highland ParkORDINANCE NO. 2556
AN UNCODIFIED ORDINANCE OF THE CITY OF REDDING
APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF REDDING AND
PALOMAR BUILDERS, INC., AND MCG LP RELATIVE TO THE
DEVELOPMENT KNOWN AS HIGHLAND PARK TENTATIVE
SUBDIVISION MAP S-18-05 AND PLANNED DEVELOPMENT PD -9-05
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 May 5, 2009, the City Council adopted Ordinance 2433, thereby approving
the "Development Agreement By and Between the City of Redding and Palomar Builders, Inc.,
and MCG LP Relative to the Development Known as Highland Park Tentative Subdivision Map
S-18-05 and Planned Development PD-9-05,"on file with the City Clerk. On June 5, 2012, the
City Council adopted Ordinance 2483, thereby approving the "First Amendment to the
Development Agreement By and Between the City of Redding and Palomar Builders, Inc., and
MCG LP Relative to the Development Known as Highland Park Tentative Subdivision Map S-
18-05 and Planned Development PD -9-05," on file with the City Clerk. On March 19, 2013, the
City Council adopted Ordinance 24943, thereby approving the "Second Amendment to the
Development Agreement By and Between the City of Redding and Palomar Builders, Inc., and
MCG LP Relative to the Development Known as Highland Park Tentative Subdivision Map S-
18-05 and Planned Development PD-9-05,"on file with the City Clerk. On November 4, 2014,
the City Council adopted Ordinance 2512, thereby approving the "Third Amendment to the
Development Agreement By and Between the City of Redding and Palomar Builders, Inc., and
MCG LP Relative to the Development Known as Highland Park Tentative Subdivision Map S-
18-05 and Planned Development PD -9-05," on file with the City Clerk.
SECTION 4. The City Council hereby approves the Fourth Amendment to the Development
Agreement substantially in the form marked as Attachment A to the staff report for the October
18, 2016, City Council meeting titled "Fourth Amendment to the Highland Park Subdivision
Development Agreement Pertaining to the Park Credit Agreement" and on file with the City
Clerk subject to such minor and clarifying changes consistent with the terms thereof as may be
approved the City Attorney prior to execution thereof (Fourth Amendment to Development
Agreement).
SECTION 5. The City Council adopts the following findings in conjunction with its approval of
the Fourth Amendment to the Development Agreement:
(a) The City Council considered the amendment in open session as an item of the
October 18, 2016, Council agenda in accordance with Section 8, Amendments, of
the Development Agreement; California Government Code Section 65867, et
seq.; and Redding Municipal Code Section 18.20.030.
(b) 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.
(c) The Development Agreement as amended is in the best interest of the City.
(d) The Development Agreement as amended promotes the public interest and
welfare of the City.
(e) 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 was introduced and the title thereof read at the meeting of the City
Council on October 18, 2016.
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 regular meeting on the 18th day of October, 2016; and was duly read and adopted at
a regular meeting on the 1st day of November, 2016, by the following vote:
AYES:
COUNCIL MEMBERS: Cadd, Schreder, Sullivan, Weaver, & McArthur
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
ABSTAIN:
COUNCIL MEMBERS: None
Attest:
PAMELA MIZE, City Clerk
BRENT WEA -Wee Mayor -�
Form Approved:
BARRY E. DeWALT, City Attorney