HomeMy WebLinkAboutOrdinance 2612 - Repeal Ord 2589, Rescind Reso 2018-070ORDINANCE NO. 2612
AN UNCODIFIED ORDINANCE OF THE CITY OF REDDING
REPEALING ORDINANCE NO. 2589 AND RESCINDING RESOLUTION
NO. 2018-070 IN RELATION TO THE PROPOSED PROJECT OF
APPROXIMATELY 1.2 ACRES LOCATED AT 2450 GOODWATER
AVENUE IN THE CITY OF REDDING
WHEREAS, the Planning Commission held three duly noticed public hearings on March 27,
2018, April 24, 2018, and May 8, 2018, relating to a proposed 3,180 square foot convenience gas
mart and carwash to be located at 2450 Goodwater Avenue, Redding, California (hereafter, the
"Project"); and
WHEREAS, at the conclusion of said public hearings, the Planning Commission recommended
that the City Council approve the Project, as represented in Site Development Permit Application
SDP -2017-01262, and that it likewise approve Rezoning Application RZ-2017-00954, General
Plan Amendment Application GPA -2017-00955, and a Mitigated Negative Declaration drafted
in support of the Project; and
WHEREAS, at the conclusion of a duly noticed public hearing held on June 19, 2018, the City
Council of the City Redding adopted a Mitigated Negative Declaration and General Plan
Amendment Application (GPA -2017-00955) by means of its adoption of Resolution No. 2018-
070; and
WHEREAS, at the conclusion of a duly noticed public hearing held on June 19, 2018, the City
Council of the City of Redding also heard an ordinance to adopt an amendment to the City of
Redding Zoning Map for the property located at 2450 Goodwater Avenue in accordance with
Rezoning Application RZ-2017-00954 and adopted this same ordinance as Ordinance No. 2589
at its regular meeting on July 17, 2018; and
WHEREAS, on August 10, 2018, Petitioner Kulveer Kaur filed a Petition for Writ of
Administrative Mandate in the Superior Court of the County of Shasta (Case No. 0190646) and
subsequently filed a Supplemental Petition for Writ of Administrative Mandate on September 7,
2018, thereby seeking to have all approvals for the Project set aside on the allegation that the
City of Redding General Plan requires that a market analysis be conducted for the Project prior
to approval; and
WHEREAS, prior to the filing of said litigation, on July 24, 2018, the Director of Development
Services adopted Policy No. 2018-01 which sets the guidelines for preparation of a market
analysis pursuant to General Plan Policy CDD13A; and
WHEREAS, the Parties to the litigation met at a settlement conference on April 8, 2019, and the
terms of a proposed settlement were addressed to the City Council in closed session on May 21,
2019; and
WHEREAS, on July 26, 2019, the Mayor of the City of Redding executed a settlement
agreement which had been negotiated subsequent to May 21, 2019, in which the Parties agreed
that, in return for the rescind of all City approvals of the Project, Petitioner would dismiss its
Petition and each party would bear its own legal costs and attorney fees; and
WHEREAS, on July 29, 2019, Petitioner entered a Request for Dismissal of its Petition and said
Request for Dismissal was entered by the Clerk of Court and filed on July 30, 2019;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDDING AS FOLLOWS:
Section 1. The City Council of the City of Redding hereby finds that the above recitals
are true and correct.
Section 2. The City Council hereby repeals Ordinance No. 2589.
Section 3. The City Council hereby rescinds Resolution 2018-070.
Section 4. For avoidance of doubt, adoption of the Mitigated Negative Declaration in
support of the Project and all approvals of General Plan Amendment Application GPA -2017-
00955, Rezone Application RZ-2017-00954, and Site Development Permit Application SDP -
2017 -01262 are hereby rescinded.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of
this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it would have passed and adopted
this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of
said provisions be declared unconstitutional, unlawful or otherwise invalid.
Section 6. The passage of this Ordinance is not a "project" according to the definition in
the California Environmental Quality Act ("CEQA"), and therefore is not subject to the
provisions requiring environmental review.
Section 7. The adoption of this Ordinance shall not be construed as prohibiting
subsequent application for a project at 2450 Goodwater Avenue, Redding, California.
Section 8. This Ordinance shall take effect thirty (30) calendar 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 of the City of Redding at a regular meeting on the 3rd day of September, 2019; and was
duly read and adopted at a regular meeting on the 17th day of September, 2019, by the following
vote:
AYES: COUNCIL MEMBERS: Dacquisto, McElvain, Resner, Schreder, and Winter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:
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PAMELA MIZE, City Jerk
JULI INTER, -Mayor
APPROVED AS TO FORM:
BARRY E. DeWALT, City Attorney