HomeMy WebLinkAboutOrdinance 2215 - Amend And Restate Development Agreement 223®2
RECORDING REQUESTED BY: RECORDED IN OFFICIAL RECORDS
CITY OF REDDING OF SHASTA COUNTY, CALIFORNIA
.MIN. PASTM
WHEN RECORDED RETURN.TO: JUN 111998.
CITY OF REDDING QA;.4
CITY CLERKS OFFICE RECORDING FEE$ E
760 PARKVIEW AVENUE
REDDING CA 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
Ord 2215 APPROVE ENTERING INTO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA VIEW
INVESTMENTS RELATIVE TO THE DEVELOPMENT OF THE OAK MEADOW
ESTATES SUBDIVISION.
RECORD-DOC
--i;!
.,. i_ 1, 5 ! •
ORDINANCE NO. 2 2 1 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING ENTERING INTO THE AMENDED
AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDDING AND SHASTA VIEW INVESTMENTS
RELATIVE TO THE DEVELOPMENT OF THE OAK MEADOW
ESTATES SUBDIVISION.
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS
FOLLOWS:
Section 1. The City of Redding enter into the Amended and Restated
Development Agreement [a copy of which is attached hereto and made a part hereof by reference]
between the City and Shasta View Investments, a California Limited Partnership, the
provisions of which are consistent with the General Plan and any applicable specific
plan.
Section 2. The Mayor is authorized, empowered and directed to execute the
Amended and Restated Development Agreement on behalf of the City Council; and the
City Clerk is directed to attest his signature and affix the official seal of the City of
Redding to the agreement.
Section 3. This Ordinance shall take effect 30 days after the date of its
adoption.
Section 4. The City Clerk shall:
1. Certify to the adoption of this Ordinance and cause its publication according
to law;
2. No later than 10 days after the City enters into the Amended and Restated
Development Agreement, record the agreement with the Shasta County
Assessor/Recorder; and
3. If the parties to the Amended and Restated Development Agreement or their
successors-in-interest amend or cancel the agreement as provided in Government Code
Section 65868, or if the City terminates the agreement as provided in Government
Code Section 65865.1 for failure of the applicant to comply in good faith with the terms
rk,43706PAGE326
of the agreement, record a notice of such action with the Shasta County
Assessor/Recorder.
I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at
a regular meeting of the City Council of the City of Redding on the i'9th day of
May , 1998; and was duly read and adopted on the 2nd day of June 1998, at a
regular meeting of the City Council by the following vote:
APES: COUNCIL MEMBERS: Anderson, Cibula, Kight, McGeorge and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
DAVID . KEHOE, yor
Attest:
Connie Strohmayer, ty Clerk
Form Approved:
W. Leonard Wingate ity Attorney
2
"I � .3706PAGE327
RECORDED AT THE REQUEST OF
AND WHEN RECORDED PLEASE
RETURN TO:
City Attorney
City of Redding
City Hall
760 Parkview Avenue
Redding, CA 96001
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF REDDING, A MUNICIPAL CORPORATION,
AND SHASTA VIEW INVESTMENTS, A CALIFORNIA LIMITED PARTNERSHIP,
RELATIVE TO THE DEVELOPMENT OF THE
OAK MEADOW ESTATES SUBDIVISION
This amended and restated development agreement (the
"Agreement" ) is made and entered into this day of
1998 (the "Amendment Date" ) and is effective as of October 7,
1993 (the "Effective Date" ) by and between the City of Redding, a
Municipal Corporation ( "City" ) and SHASTA VIEW INVESTMENTS, a
California limited partnership ( "Developer" ) .
RECITALS
A. On October 7, 1993 , Ordinance No. 2056 of the
City of Redding became effective approving that certain
development agreement between the City and Oak Meadow Estates, a
limited partnership (the "Prior Development Agreement" ) .
Developer has succeeded to the fee title to the property which
was the subject of the Prior Development Agreement and which is
described in Exhibit "A" . By this agreement the parties hereto
are amending and restating the Prior Development Agreement in the
form set out in this Agreement . This Agreement shall supersede,
modify and amend any and all of the terms, conditions and
provisions set out in the Prior Development Agreement .
B . Pursuant to State of California Government Code
sections 65864 et sea. and the provisions of City Resolution No.
81-87, establishing procedures and requirements for consideration
of development agreements, the parties are allowed to and hereby
amend, modify and restate the provisions of the Prior Development
Agreement into the provisions set out in this Agreement .
C. Developer owns fee title to certain real property
consisting of approximately 115 acres located in the City and (74
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more particularly described on Exhibit "A" (the "Property" ) . The
Property is the subject of this Agreement and is planned for
development as the Oak Meadow Estates subdivision, a residential
subdivision ( "the Project" ) .
D. On July 23 , 1991, the City Planning Commission
unanimously approved a tentative subdivision map for the Project
and granted permission to subdivide the property into a maximum
of 380 lots known as Oak Meadow Estates subdivision ( "S-2-9111 ) .
Subsequently, Developer has obtained permission from the City
Council on April 7, 1998 to modify and amend the tentative map
for the Project reducing the maximum number of lots to 286 .
Attached hereto as Exhibit "B" is the amended Tentative
Subdivision Map, No. S-2-91 (the "Tentative Map" ) . Attached
hereto as Exhibit "C" are the conditions of approval of the
Tentative Map.
E. The purpose of this Agreement is to facilitate
the implementation of the City' s planning process through the
development of the Project, thereby realizing the public benefits
to the City and private benefits to the Developer. The
development Project requires a major investment by the Developer
in public facilities, substantial front-end investments in on-
site improvements, dedications of land and/or rights-of-way,
participation in other programs for public benefit and purposes
and substantial commitment of the resources to achieve both the
private benefits of the Project for the Developer and the public
purposes and benefits of the Project for the City. The Developer
will be unable to make and realize the benefits from such
commitments of land and resources without the assurances of a
realized project provided by this Agreement . The City has
determined that the granting of such assurances is necessary in
order to enable the Developer to undertake the development of the
Project and thereby achieve the public purposes and benefits of
the Project .
F . One of the essential purposes of this Agreement
is to extend the term of this Agreement to and including
October 7, 2008 and to provide, pursuant to the provisions of
Government Code Section No. 66452 . 6 (a) , for corresponding
extension of the term of the Tentative Map .
G. To strengthen the public planning process,
encourage private participation and comprehensive planning and
reduce the economic risks of development, the Legislature of the
State of California adopted Government Code sections 65854 , et
seg. which authorize any city, county or city and county to enter
into a development agreement with an applicant for a development
project, establishing certain development rights in the property
which is the subject of the development project application. In
accordance with Government Code sections 65864 et sea. , the City
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has adopted Resolution No. 81-87, incorporated herein by this
reference, establishing the rules, regulations, procedures, and
requirements, including fees, for consideration of development
agreements .
H. Development of the Project in accordance with the
conditions of this Agreement will provide orderly growth and
development of the Property in accordance with the requirements,
policies, goals, standards and objectives of the City' s general
planning process .
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES OF THE PARTIES, THE CITY AND THE DEVELOPER
HEREBY AGREE AS FOLLOWS :
1 . PROJECT, PROPERTY SUBJECT TO AND TERM OF THIS
AGREEMENT:
1 . 1 Project and Property Subject to This
Agreement : All of the Project and the Property shall be subject
to this Agreement .
1 . 2 Term: The term of this Agreement is
agreed to have commenced upon the Effective Date, October 7,
1993 , and shall extend for a period of fifteen (15) years
thereafter until October 7, 2008, unless terminated, modified or
extended by circumstances set forth in this Agreement or by
mutual consent of the parties (the "Term" ) . The Term has been
established by the parties as a reasonable estimate of the time
required to carry out the Project, develop the property and
obtain the public benefits of the Project .
1 . 3 Extension of Term Upon Legal Challenge :
If any litigation affecting the Property is filed challenging the
vested approvals conferred by this Agreement (including, but not
limited to, any environmental determinations relating to any of
the foregoing) , or otherwise raising issues of the validity of
this Agreement or the vested rights conferred thereby, and the
court on such litigation issues a preliminary injunction or stay
order which prevents further development of the Project while the
preliminary injunction or stay order remains in effect, the Term
of this Agreement shall be extended for the period of time from
the date of the order imposing the preliminary injunction or
stay order until the time such preliminary injunction or stay
order are rescinded or a permanent injunction is issued. Such
litigation by dismissal or final entry of judgment and the
Developer and City shall indicate on this agreement the period of
any such extension and may record a notice to such effect . The
extension of time shall not be applicable if the Developer is the
plaintiff or petitioner in the litigation unless a court of
competent jurisdiction otherwise approves of the same .
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1 . 4 Term of Tentative Map Vested Rights and
Permits : The term of the Tentative Map, any other parcel maps,
tentative subdivision maps, vesting parcel maps or vesting
tentative subdivision maps, any subdivision improvement agreement
related to development of the Property or any portion thereof,
and all vested rights granted hereunder shall automatically be
extended (pursuant to Government Code sections 65863 . 9 and
66452 . 6 (a) ) for the Term of this Agreement .
1 . 5 DEFINITIONS :
As used in this Agreement , the following
terms, phrases and words shall have the meanings and be
interpreted as set forth in this section:
(a) City: The City of Redding,
California, a municipal corporation.
(b) Developer: Shasta View Investments,
a California limited partnership.
(c) Effective Date : The effective date
of this Agreement shall be October 7, 1993 , the effective date of
the ordinance approving the Prior Development Agreement .
(d) Phase I : Phase I shall mean the
first 52 lots of the Project as approved and created by that
certain Final Subdivision Map to be submitted to the City,
approved and filed for record. The location of the Phase I lots
is shown upon the Tentative Map, Exhibit "B" attached hereto .
(e) Subsequent Phases : The balance of
the Project, consisting of approximately 234 lots, shall be
developed in one or more phases by the preparation, review and
approval and filing of final subdivision maps for each of the
phases of development of the remainder of the Property.
(f) Project : The Oak Meadow Estates
subdivision, a 286-unit residential development as more
particularly configured on Exhibit B .
2 . VESTED RIGHTS AND LIMITATIONS RELATIVE TO
DEVELOPMENT OF THE PROJECT IN THE PROPERTY:
2 . 1 Vested Components : The Tentative Map for
the Project has been approved by the City and is declared vested.
The Tentative Map may not be revised or changed during the 'Term
without the consent of the Developer. This Vested Component
shall be effective against and shall not be amended by any
subsequent ordinance or regulation, whether adopted or imposed by
the City Council or through the initiative or referendum process .
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2 . 2 Reserve Discretionary Approvals :
Subsequent to the Effective Date, the development of the Project
shall require City approval of multiple final subdivision maps
and/or parcel maps for each phase of the Project as determined by
the Developer. Each such approval obtained by the Developer for
the project after the Effective Date shall automatically become
part of the existing approvals which vest hereunder as each such
approval becomes effective following final action by the City.
2 . 3 Phasing of Development : Developer shall
have the right to develop the balance of the Project in sequences
in such order and at such times as Developer deems appropriate
within the exercise of its good faith business judgment so long
as the Project is developed in accordance with the approved
Tentative Map, this Agreement and the Rules, Regulations and
Official Policies referenced in Section 2 .4 . Phasing shall be
based on sound engineering and marketing practices and shall
ensure functional and safe street circulation and utility systems
acceptable to the City at all times .
2 .4 Rules , Regulations and Official Policies_:
The rules, regulations, official policies, general plan
provisions, ordinances, policies, standards and specifications of
the City (whether the provisions be enacted by the City Council,
the City Planning Commission, the City staff or the voters in the
City through initiative) governing permitted uses of the
Property; density of development of the Property; or design,
improvement and construction standards and specifications
applicable to the development of the Project , in effect on the
Effective Date (the "Applicable Law" ) shall be applicable to the
development, construction, use and enjoyment of the Property
pursuant to the provisions of this Agreement ; provided, however,
that subsequent changes to the Applicable Law if the same are
applicable to the Property and are not in conflict with the terms
and conditions of this Agreement and the development of the
Property pursuant to the Tentative Map, shall be applicable to
the Property. This Agreement shall not preclude the application
to the development of the Property of changes in City rules,
regulations, plans or policies, the terms of which are
specifically mandated and required by changes in state or federal
laws or regulations as provided in Government Code section
65869 . 5 . In the event state or federal laws or regulations or
regulations enacted after the Effective Date or action by any
governmental jurisdiction other than the City prevent or preclude
compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City,
this Agreement shall be modified, extended or suspended as may be
necessary to comply with such state or federal laws or
regulations . Immediately after the enactment of any state or
federal laws or regulations, the parties shall meet and confer in
good faith to determine the feasibility of any such modification,
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extension or suspension based on the effect such modification,
extension or suspension would have on the purposes and intent of
this agreement .
2 . 5 Uses and Development Standards : The
permitted uses, density and intensity of use, maximum height ,
sizes of proposed residence structures, buildings and other
structures and provisions for reservation or dedication of land
and other terms and conditions of development applicable to the
Property shall be those set forth in the Applicable Law,
specifically, as allowed in the R-1 zoning district .
2 . 6 Exceptions For Uniform Codes : The
provisions of Section 2 .4 above shall not govern the application
of the Uniform Building Code and other Uniform Construction Codes
relating to construction of the Project, provided that such
Uniform Codes shall apply to the Property only to the extent that
the applicable code (and the applicable version or revision of
the code) is adopted by the City and is in effect on a Citywide
basis ; that such Uniform Code shall be interpreted and applied to
construction of the Property in a reasonable manner consistent
with the express provisions and limitations in the particular
Uniform Code provisions; and that provisions of such Uniform Code
shall be interpreted and applied to the Property in a matter
consistent with the generally prevailing interpretation of such
provisions under the State Building Standards Code .
2 . 7 City Fees Taxes And Assessments : All
existing and future City fees, taxes and assessments shall apply
to the Project in the same manner that such existing and future
City fees, taxes and assessments apply to any other subdivision
development project in the City, or any subdivision development
within a specific geographic portion of the City, including the
subject Project, to which such existing and future fees, taxes
and assessments would apply. No fees, taxes or assessments shall
be applicable to the Property which are adopted for or have the
primary effect of prevention of development of the Project in
accordance with the terms of this Agreement . Nothing in this
Agreement constitutes a waiver of developer' s right to challenge
the legality of any existing and future fees, taxes or
assessments as applied to the Project and the Property.
3 . OBLIGATIONS OF THE PARTIES : The following shall
constitute the obligations of the parties pursuant to this
Agreement :
3 . 1 Developer: The Developer' s obligations
shall be as follows :
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(a) When the Developer proceeds with
development of the Property, the Developer shall do so in
accordance with the Vested Component as defined herein or
modified pursuant hereto, subject to the terms and conditions of
this Agreement .
(b) The Developer has redesigned the
Project by providing other amenities such as open space and park
access along the Clover Creek Corridor, as indicated on Exhibit
"B" ; provided a more pedestrian friendly treatment of a major
collector roadway (Venus Way) with a greater amount of landscape
and meandering pathways, provided areas along Shasta View Drive
for increased landscaping and subdivision identification
treatments; eliminated the use of long, straight streets in
return for cul-de-sac streets and short , curvilinear streets
where possible; and provided another outlet to the east ; and
provided for street details such as roundabouts and cul-de-sac
islands . The Developer agrees that the Project shall be built in
accordance with these provisions as indicated on Exhibit "B" and
with the conditions of approval as amended by the City Council on
April 7, 1998 , as indicated on Exhibit "C" .
(c) The Developer shall move and
relocate existing electrical utilities, including but not limited
to transformer pads, street lights and secondary boxes in Phase I
of the Project to correctly align those utilities with the new
lots being created and established by the modification to the
originally approved Tentative Map.
(d) Notwithstanding the default and
termination provision set out below, if the extension of Shasta
View Drive in its entirety, as required by Condition 13 (a) of the
conditions of approval for the tentative map, is not completed by
the date of October 7, 2003 , then this Agreement shall terminate
and be of no further force and effect .
(e) The fee for improvements to Shasta
View Drive shall be $500 for each dwelling unit in Phases 2
through 5 and shall be due upon issuance of a building permit for
each lot . Funds collected will be applied to the cost of
extending and connecting Shasta View Drive . This condition shall
be recorded on the final maps for Phases 2 through 5 and noted in
the title report for each lot . The escrow instructions for the
sale of each lot shall require that the purchaser and seller of
each lot sign a statement that they have read and understand the
condition. A copy of the statement shall be recorded with the
sale of each lot; noncompliance with this provision shall not
nullify or affect the requirements of the condition.
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3 . 2 City: The obligations shall be as
required by law and as set out below:
(a) Provided that the Developer is not
then in default under this Agreement, the City agrees that it
will accept in good faith for processing, review and action all
applications for final subdivision maps and other subsequent
approvals required for the development of the Property. The City
shall inform the Developer, upon request, of the necessary
submission requirements for a complete application for each
entitlement for use of the Property, and shall review said
application and schedule the application for review by the
appropriate authority.
(b) The City shall pay to the Developer
the sum of $54 , 000 for landscaping or roadway improvements to be
constructed on Shasta View Drive in accordance with the landscape
plan to be submitted to the City for its review and approval .
Said sum shall be paid to the Developer, in cash, only upon the
extension of Shasta View Drive, in its entirety, in accordance
with Condition 13 (a) of the tentative map, within thirty (30)
days of the presentment by the Developer of invoices totalling at
least such amount .
(c) The City agrees to reduce the
requirement for the height of the sound wall on Shasta View Drive
required in Condition 49 of the approved tentative map from eight
feet to seven feet .
(d) The City agrees to accept a
dedication from the Developer of the detention basin to be
constructed as a part of the storm drain system for the Project
and for flood control purposes, as indicated on Exhibit "B" and
to own the same and maintain it in perpetuity.
4 . DEFAULT, REMEDIES, TERMINATION.
4 . 1 General Provisions :
(a) Developer shall be in default under
this Agreement upon the happening of one or more of the following
events .or conditions :
(1) If a material warranty,
representation, or statement made or furnished by Developer to
the City is false or proves to have been false in any material
respect when it was made;
(2) A finding and determination by
the City Council of the City made following a periodic review
under Section 4 .4 that upon the basis of substantial evidence,
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Developer has not complied in good faith with a material
requirement of this Agreement ;
(3) An express repudiation,
refusal, or renunciation of this Agreement, if the same is made
in writing and signed by the Developer; or
(b) The City shall be in default under
this Agreement upon the happening of one or more of the following
events or conditions :
(1) The City fails to comply in
good faith with a material requirement of this Agreement
regarding the permitted development standards and density of uses
specified herein; or
(2) An express repudiation,
refusal, or renunciation of this Agreement, if the same is made
in writing and signed by the City.
(c) Non-performance by the Developer
shall be excused and Developer shall not be in default when it is
reasonably prevented or delayed by reasons of any act , event, or
condition reasonably beyond the control of the Developer because
of the happening of or occurrence of any of the events specified
in Section 4 . 3 .
(d) In the event of a default and subject to
extensions of time by mutual consent in writing:
(1) If a defaulting party does not
cure such default within ninety (90) days following written
notice of default from the other party, where such failure is of
a nature which can be cured within such ninety (90) day period,
or
(2) If such failure is not of a
nature which can be cured within such ninety (90) day period, and
the defaulting party does not within such ninety (90) day period
commence reasonable efforts to cure such default , or thereafter
does not within a reasonable time prosecute to completion with
diligence and continuity the curing of such default, after notice
and expiration of the ninety (90) day period, if such default has
not been cured or is not being diligently cured in the manner set
forth in the notice, the other party to this Agreement may at its
option institute legal proceedings pursuant to this Agreement or
give notice of intent to terminate this Agreement in the manner
provided in Section 8 . 5 hereof as to the party in default and the
property in which that party holds an interest .
(e) During any ninety (90) day period
specified in subsection (d) above, the party charged shall not be
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considered in default for the purposes of termination or
institution of legal proceedings . Any notice of default given
hereunder shall specify in detail the nature of the failures in
performance which the noticing party claims constitutes the
default and the manner in which such failure may be
satisfactorily cured in accordance with the terms and conditions
of this Development Agreement .
4 . 2 Developer Default ; City Remedies : In the
event Developer is in default under the terms of this Agreement,
City shall have the right to exercise any of the following
remedies :
(a) To waive in its sole and absolute
discretion such default as not material;
(b) To refuse processing of an
application for, or the granting of any permit, approval , or
other land use entitlement for, development or construction of
the Property or portion thereof owned or controlled by Developer,
including, but not limited to, the withholding of grading,
excavation, building, and occupancy permits ;
(c) To pursue legal remedies provided
for in Section 4 . 5 hereof;
(d) To terminate this Agreement as
provided in Section 4 . 7 hereof; and
(e) To delay or suspend City performance
under the Agreement .
4 . 3 Default by the City; Developer Remedies .
In the event City is in default under the terms of this
Agreement, Developer shall have the right to exercise any of the
following remedies :
(a) To waive in its sole and absolute
discretion such default as not material;
(b) To pursue legal remedies provided
for in Section 4 . 5 hereof;
. (c) To terminate this Agreement as
provided in Section 4 . 7 hereof; and
(d) To delay or suspend Developer
performance under the Agreement which is delayed or precluded by
the default of the City.
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4 . 4 Periodic Review. The Enabling Resolution
provides for periodic review of Developer ' s good faith compliance
with the terms of this Agreement . City shall initiate each such
periodic review by written notice to Developer. Upon receipt of
such written notice, Developer shall comply with such
requirements of the Enabling Resolution and shall furnish City in
connection with each periodic review a comprehensive report
demonstrating good faith compliance by Developer with the terms
of this Agreement which report shall include, in addition to the
information submitted by Developer or requested by the City, the
following:
(a) The total number of housing units
developed and the number, type, and location of such units ;
(b) Infrastructure installed, by
category and location;
(c) Dedications and acquisitions of
infrastructure made by Developer, a District, or both, including,
but not limited to, park, open space, and recreational use; and
(d) Developer' s proposed time schedule
for further development of the Project .
Developer understands that this Agreement may be
subject to modification or termination (after exhausting
settlement procedures as herein provided) as a result of such
periodic review, as provided herein and in the Enabling
Resolution.
Following any such periodic review, if the Developer is
determined to be in good faith compliance with the terms of this
Agreement, the City will furnish the Developer upon Developer ' s
request a certification of compliance in recordable form.
Failure of the City to conduct a periodic review shall
not constitute a waiver by the City of its rights to otherwise
enforce the provisions of this Agreement, nor shall the Developer
have or assert any defense to such enforcement by reason of such
failure to conduct a periodic review.
4 . 5 Legal Actions . In addition to any other
rights or remedies, a party may institute legal action to cure,
correct, or remedy any default by any other party to this
Agreement, to enforce any covenant or agreement herein, or to
enjoin any threatened or attempted violation hereunder. In no
event shall the City, or its officers, agents, or employees, be
liable in damages for any breach or violation of this Agreement ,
it being expressly understood and agreed that the sole legal
remedy available to developer for a breach or violation of this
Agreement by the City shall be a legal action in mandamus,
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specific performance, or other injunctive or declaratory relief
to enforce the provisions of this Agreement .
4 . 6 Applicable Law and Attorneys ' Fees . This
Agreement shall be construed and enforced in accordance with the
laws of the State of California. The Developer acknowledges and
agrees that the City has approved and entered into this Agreement
in the sole exercise of its legislative discretion and that the
standard of review of the validity and meaning of this Agreement
shall be that accorded legislative acts of the City. Should any
legal action be brought by a party for breach of this Agreement
or to enforce any provision herein, the prevailing party of such
action shall be entitled to reasonable attorneys ' fees, court
costs, and such other costs as may be fixed by the court . For
purposes of this Agreement, reasonable attorneys ' fees of the
City Attorney' s Office shall be based on comparable fees of
private attorneys practicing in the County of Shasta.
4 . 7 Events and Manner of Termination. Because
of the substantial reliance of both Developer and City on the
provisions of this Agreement in implementing the development of
the Project, both Developer and City desire to avoid termination
of this Agreement when other appropriate remedies or procedures
to resolve disputes or problems exist . Prior to termination,
City and Developer will meet and cDnfer with the objective of
attempting to arrive at a mutually acceptable alternative to
termination, which substantially advances the objectives of both
in entering into this Agreement . Accordingly this Agreement may
be terminated by a party only under any one or more of the
following circumstances :
(a) By expiration of its term, as
provided in Section 1 . 2 hereof;
(b) Pursuant to Section 4 . 4 hereof;
(c) By a material default hereunder by a
party for which the non-defaulting party in the good faith
exercise of its judgment determines that other remedies hereunder
are inadequate or not available to correct such default or
provide substantial relief to the non-defaulting party provided,
however, that the non-defaulting party desiring to terminate this
Agreement shall first give written notice to the defaulting party
of its intent to terminate this Agreement , the matter shall be
scheduled for consideration and review by the City Council within
sixty (60) days after such notice of intent to terminate is
delivered to the defaulting party, and if the default is not then
resolved to the mutual satisfaction of the Parties, termination
shall be effective upon thirty (30) days following such
consideration and determination by the City Council . Said single
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ninety (90) day period shall be a final resolution regarding the
particular material default for which written notice was given.
4 . 8 Severability. If any term or provision of
this Agreement, or the application of any term or provision of
this Agreement to a specific situation, is found to be invalid,
void, or unenforceable, the remaining terms and provisions of
this Agreement, or the application of this Agreement to other
situations, shall continue in full force and effect . However, if
such invalidity or unenforceability would have a material adverse
impact on the Project, the Developer may terminate this Agreement
by providing written notice thereof to the City.
4 . 9 Termination Upon Completion of
Development . If development is completed prior to the expiration
date of October 7, 2008 , this Agreement shall terminate when the
Property has been fully developed and all of the Developer' s
obligations in connection with the Project are satisfied as
mutually determined by the City and the Developer, subject,
however, to the provisions of Section 4 . 10 hereof .
4 . 10 Effect of Termination on Developer
Obligations . Termination of this Agreement as to the Developer
or the Property or any portion thereof shall not affect any
requirements to comply with the terms and conditions of the
applicable zoning, any development plan approvals, approval and
acceptance of infrastructure improvements, any applicable
permit (s) , or any subdivision map or other land use entitlements
approved with respect to the Property, nor shall it affect any
other covenants of the Developer specified in this Agreement to
continue after the termination of this Agreement .
4 . 11 Estoppel Certificate . Either party may,
at any time, and from time to time, deliver written notice to the
other party requesting such party to certify in writing that , to
the knowledge of the certifying party, (i) this Agreement is in
full force and effect and a binding obligation of the Parties,
(ii) this Agreement has not been amended or modified either
orally or in writing, and if so amended, identifying the
amendments, and (iii) the requesting party is not known to be in
default of the performance of its obligations under this
Agreement, or if in default, to describe therein the nature and
amount of any such defaults . A party receiving a request
hereunder shall execute and return such certificate within
fifteen (15) days following the receipt thereof, unless the city,
in order to determine the appropriateness of the certificate,
shall promptly commence and proceed to conclude a review pursuant
to the provisions of Section 4 .4 hereof . The City acknowledges
that a certificate hereunder may be relied upon by Permitted
Assignees and other persons having an interest in the Property,
including holders of mortgages and deeds of trust .
CRBG\36058
188277.3 -13-
5 . Transfer and Assignment .
5 . 1 Right to Assign. Developer shall have the
right to sell, assign, or transfer its right to any portion of
the Property. All of its rights, duties, and obligations under
this Agreement with respect to the portion of the Property so
transferred or assigned shall pass to the party acquiring fee
simple title to the portion of the subject Property, lot, or
parcel so transferred.
5 . 2 Release Upon Transfer. Upon sale,
transfer, or assignment, in whole or in part , of Developer' s
rights and interests under this Agreement, Developer shall be
released from its obligations with respect to the Property, Lot,
Parcel, or portion thereof so transferred arising subsequent to
the effective date of such transfer.
6 . Hold Harmless and Indemnification; Insurance
6 . 1 Hold Harmless and Indemnification.
(a) The Developer hereby agrees to and
shall hold the City, its elective and appointive boards,
commissions, officers, agents, and employees harmless from any
liability for the Developer' s negligence or willful misconduct or
other action or inaction (including but not limited to strict
liability) resulting in damage or claims for damage for personal
injury, including death, as well as from claims for property
damage, which may arise from the Developer' s or the Developer' s
contractors ' , sub-contractors ' , agents ' , or employees ' operations
under this Agreement , other than liability or claim based on
City' s sole negligence, whether such operations be by the
Developer, or by any of the Developer' s contractors, sub-
contractors, or by any one or more persons directly or indirectly
employed by or acting as agent for the Developer or any of the
Developer' s contractors or subcontractors ; provided, however,
that the foregoing indemnity provision shall be void to the
extent it violates applicable laws or would constitute a joint
venture, partnership, or other participation in the business
affairs of Developer by City.
(b) In the event of any legal action
instituted by a third party or any governmental entity or
official arising out of the approval, execution, or
implementation of this Agreement for reasons other than caused by
subsection (a) above (exclusive of any such actions brought by
the Developer) , the Developer agrees to and shall cooperate fully
and join in the defense of the City of such action. Such
agreement by the Developer does not include any agreement to
indemnify the City and its elective and appointive boards,
commissions, officers, agents and employees from any such legal
CRBG\36058
188277.3 -14-
actions . Notwithstanding the foregoing, the City at its sole
option may elect to tender the defense of any legal action to the
Developer and in the event the Developer at its sole option
accepts the tender, the Developer shall hold the City harmless
from and defend the City from all costs and expenses incurred in
the defense of such matter, and the Developer and the City shall
each bear any respective liability, other than costs and
expenses, for which they may be found liable as a result of such
action.
(c) In the event of any litigation
affecting the Property (including but not limited to any
environmental determination relating to any of the foregoing) ,
the City and Developer shall attempt to coordinate their
respective actions in response to such litigation upon terms
mutually agreed upon; provided that the City' s exercise of
discretion with respect to such litigation shall not be
restricted or impaired.
7 . General Provisions .
7 . 1 Exhibits . The following documents are
referred to in this Agreement, attached hereto and made a part
hereof by this reference :
Exhibit Designation Description
"A" - Description of the Property
"B" - Approved Tentative Map
"C" - Tentative Map Conditions of Approval
References herein to "this Agreement" shall include all
of the foregoing exhibits .
7 . 2 Amendment of Agreement .
This Agreement may be amended from time to time by mutual
consent of the City and Developer, with City costs payable by the
Developer, provided that the procedure and findings required for
consideration and approval by City of an amendment to or
extension of the term of this Agreement shall be the same as
those specified in the Enabling Resolution for consideration and
approval of this Agreement in the first instance .
8 . Miscellaneous .
8 . 1 Project as a Private Undertaking. It is
specifically understood and agreed by and between the Parties
hereto that the development of the subject Property is a
separately undertaken private development . No partnership, joint
venture, or other association of any kind between the Developer,
CRBG\36058
188277.3 -15-
on the one hand, and the City on the other, is formed by this
Agreement . The only relationship between the City and the
Developer is that of a governmental entity regulating the
development of private property and the owners of such private
property.
8 . 2 Consistency with General Plan. The City
hereby finds and determines that execution of this Agreement is
in the best interest of the public health, safety, and general
welfare and is consistent with the City General Plan.
8 . 3 Construction. This Agreement shall be
subject to and construed in accordance and harmony with the
Redding Municipal Code, as it may be amended, provided that such
amendments do not substantially alter the rights granted to the
Parties by this Agreement .
8 . 4 Obligations . All the obligations of this
Agreement are the essence of the agreement .
8 . 5 Notices . All notice required by this
Agreement shall be in writing and delivered in person or sent by
certified mail , postage prepaid, to the addresses of the Parties
as set forth below.
Notice required to be given to the City shall be
addressed as follows :
Director
City of Redding
Development Services Department
760 Parkview Avenue
Redding, CA 96001
Notice required to be given to the Developer shall be
addressed as follows :
Shasta View Investment
4401 Hazel Avenue, Suite 275
Fair Oaks, CA 95628
Any party may change the address stated herein by giving notice
in writing to the other party, and thereafter notices shall be
addressed and transmitted to the new address .
8 . 6 Developers Authority. Developer
represents and warrants that it has sufficient legal or equitable
interest in the Property pursuant to Section 65865 to enter into
this Agreement .
CRBG\36058
188277.3 -16-
8 . 7 Adoption of Ordinance . This Agreement
shall have no force or effect until thirty (30) days following
adoption of an ordinance authorizing the execution of this
Agreement .
9 . Entire Agreement . This Agreement is executed
in two (2 ) duplicate originals, each of which is deemed to be an
original . This Agreement consists of 17 pages and Exhibits "A"
through "C, " inclusive, which constitute the entire understanding
and agreement of the Parties .
IN WITNESS WHEREOF, the City and the Developer have
executed this Agreement as of the date first set forth above .
CITY OF REDDING DEVELOPER
SHASTA VIEW INVESTMENTS, a
California limited partnership
By:
Mayor General Pa t
CR BOGGS
Attest : AS PRESIDENT OF
C BOGGS INC.
GENERAL PARTNER
City Clerk
App 0 s to Form:
City Attorney Attorne fo Developer
evel pment Services Director
CRBG\3ooss
198277.2 -17-
EXHIBIT "A"
OAK MEADOW ESTATES
This portion of the Southeast one-quarter of Section 9, Township 31 North, Range 4 West, M.D.M.,
in the County of Shasta, State of California, described as follows:
COMMENCING at the center of said Section 9 as shown on the map recorded in Book 12, Page 43
of Maps in the Office of the County Recorder of said county; thence, along the North line of said
Southeast one-quarter, North 89040'59" East, 78.77 feet to the true Point of Beginning of this
description;thence, continuing along said North line,North 89°40'59" East,2577.54 feet to the East
one-quarter comer of said Section 9; thence, along the East line of said Southeast one-quarter,
South 0°19'14" East, 2646.91 feet to the Southeast corner of said Section 9;thence, along the South
line of said Southeast one-quarter,North 89025'22" West, 2576.52 feet to a point that is 78.78 feet
Easterly of the South one-quarter corner of said Section 9, as shown on said map; thence, North
0'20'59" West, 2606.70 feet to the true point of beginning.
EXCEPTING THEREFROM that portion of land granted to Enterprise Public Utility District, a
public utility district, by instrument recorded April 18, 1963, Book 741, Page 244 of Official
Records in said Recorder's Office.
ALSO EXCEPTING THEREFROM that portion conveyed to the Enterprise Public Utility District
by deed dated March 23, 1966, and recorded April 19, 1966, Book 877,Page 570, Official Records.
ALSO EXCEPTING THEREFROM Parcels A, B, and C as shown upon parcel map for Walter
Potter Estate, being a portion of Section 9, Township 31 North, Range 4 West, M.D.M., and filed
for record in the office of the County Recorder on November 3, 1977, in Book 13 of Parcel Maps
at Page 123, Shasta County Records.
ALSO EXCEPTING THEREFROM that portion conveyed to the City of Redding by Deed dated
December 2, 1986, and recorded December 16, 1986, in Book 2277 of Official Records at Page 863,
Shasta County Records.
ALSO EXCEPTING THEREFROM that portion as shown upon the subdivision map for Potter
Manor, being a portion of Section 9, Township 31 North, Range 4 West, M.D.M., and filed for
record in the Office of the County Recorder on July 9, 1993, in Book 21 of Maps at Page 18, Shasta
County Records.
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April 7, 1998
EXHIBIT "C" Terri Thesken
S-2-91
Oak Meadow Estates Subdivision
Amended Conditions of Approval
Genera!Requirements
1. The standard conditions for subdivisions delineated in Resolution 92-18 shall be met.
2. The developer shall note that Section 711.4 of the State Fish and Game Code requires payment
of a fee to the County Clerk for filing a Notice of Determination for an environmental
document; payment of this fee is the responsibility of the project proponent.
3. Prior to recordation of a final map for Phase I, the property owner shall apply for a rezoning
to amend the existing "U-FP" Unclassified District with Floodplain Combining District
designation of the property in a manner consistent with the General Plan and the tentative
map.
4. No unit or phase of the subdivision shall be recorded, unless it is contiguous to an improved
public street and sewer, water, and electric utilities adequate to serve the property have been
extended to the unit or phase boundary.
5. Front-yard setbacks for the lots along Street "M" in Phase 8 shall be staggered and shall be
indicated on the final map for Phase 8.
6. Prior to grading or construction on any of Phases 2 through 9, permits from the Army Corps
of Engineers, Regional Water Quality Control Board, and the Department of Fish and Game
shall be renewed and submitted to the Planning Division.
7. A noise analysis shall be submitted with each building permit application for any two-story
unit on any lot abutting Shasta View Drive. The analysis shall outline measures to achieve
maximum interior noise levels of 40 dB in sleeping quarters and 45 dB in other living areas.
The analysis shall take into consideration future traffic projections on Shasta View Drive.
8. Prior to recordation of a final map for Phase 3 or Phase 8, the developer shall grant a noise
easement to the City of Redding for the construction and operation of the electrical substation
adjacent to the subdivision. The form and content of the easement shall be subject to approval
by the Redding City Attorney.
9. The following requirements shall be met to mitigate the increase in air pollution which could
result from development of the project.
a. The developer shall construct a 10-foot-wide meandering pedestrian/bike path along the
west side of the Clover Creek realignment through the entire subdivision property. The
trail shall be paved with asphalt concrete or Portland cement and shall meet the design
criteria of the Public Works Department. A bench or picnic table shall be installed every
300 feet along the pathway and shall be included in the subdivision improvement plans
for each phase.
S-2-91/Oak Meadow Est Subdivision April 7, 1998
Conditions of Approval/ ndment • Terri Thesken
Page 2
b. Bus turnouts shall be provided for RABA service in locations approved by the Public
Works Department.
10. The development is within the Clover Creek Sewer Assessment District. Prior to recordation
of a final map,the applicant shall submit proof to the Public Works Department from the City
Treasurer's Office that the assessment bonds have been paid off or shall submit a letter from
the office stating segregation has been applied for and completed.
Streets and Circulation
11. The developer shall dedicate right-of-way for Shasta View Drive north of Galaxy Way through
the entire subdivision property with the recording ofthe first final map. The right-of-way shall
have a width of 101 feet,for the construction of landscape planters and sidewalks. Street
improvements in addition to paving shall be as follows:
a. Vertical curb,gutter,and 5-foot-wide meandering,(separated from the curb)5-foot-wide
sidewalk on the east side of the street.
b. A 15-foot-wide, irrigated landscape planter which encompasses the 5-foot-wide
sidewalk.
c. Shade trees with a minimum size of 15-gallons to be planted on 20-foot centers. The
trees should be grouped and staggered. Groundcover shall be live, vegetative material
to provide full coverage within 18 months of planting.
d. Drainage facilities, including temporary catch basins, as approved by the Public Works
Department.
e. Shasta View Drive shall be widened to accommodate acceleration/deceleration lanes and
left-turn'pockets at the intersection of Venus Way.
f. Streetlights shall be installed per City Electric Department approval.
g. A street improvement plan shall be approved by the Public Works Department. The
landscape plan shall be approved by the Planning Division.
12. Prior to recordation of Phase 1, Shasta View Drive shall be extended to the north boundary
of Phase 1 and barricaded to the specifications of the Public Works Department. Subdivision
identifier treatment at Shasta View Drive and Galaxy Way shall also be provided.
13. Shasta View Drive shall be phased as follows:
a. With recordation of the first unit of the first phase north of Venus Way, Shasta View
Drive shall be extended entirely,to connect to existing improved sections north and south
S-2-91/Oak Meadow Es Subdivision April 7, 1998
Conditions of Approvalendment Terri Thesken
Page 3
of the subdivision. Improvements (36 feet of paving width) may be a minimum of base
with 3" depth paving and shoulders acceptable to the Public Works Department. At this
time,curb,gutter,sidewalk and landscaping on Shasta View Drive between Galaxy Way
and Venus Way shall be installed.
b. Upon recordation of the 198th lot, the entirety of Shasta View Drive shall be improved
with remainder paving depth, curb, gutter, sidewalk and landscape on its east side per
Condition 11.
14. Prior to recordation of any of Phases 2 through 7, Venus Way shall be constructed to the
roundabout at Street "I." Prior to recordation of any phase east of Clover Creek, the
roundabout and the remainder of Venus Way east of the roundabout shall be constructed.
Venus Way shall be fully improved based on a 75-foot-wide right-of-way (36 feet of paving,
15 feet of landscape on the south side without sidewalk, 16 feet of landscape on the north side,
and an 8-foot-wide sidewalk/meandering pedestrian pathway on the north side. The pathway
shall be separated from the curb by a minimum of 8 feet).
15. Upon recordation of any phase on the east side of Clover Creek, the bridge or drainage
structure across Clover Creek at Venus Way shall be constructed. The crossing shall be a
minimum of 32 feet curb-to-curb with an 8-foot-wide walkway on the north side and
decorative guard rails on both sines (chain-link fencing will not be acceptable).
16. Streets within the subdivision,with the exception of Shasta View Drive and Venus Way,shall
have a 56-foot-wide right-of-way with a 36-foot-wide street section (face of curb to face of
curb). Streetlights shall be installed per City Electric Department approval.
17. All cul-de-sacs less than 300 feet in length and all cul-de-sac bulbs do not require sidewalks
if the City Council amends the subdivision sidewalk standard. All interior streets without
sidewalks shall have vertical curbs. Right-of-way widths and street sections shall be in
accordance with Public Works Department standards in effect at the time of development.
18. All street frontages shall have a 5-foot-wide, public-service easement adjacent to the street
right-of-way, which shall be depicted on the final map.
19. Access rights to all lots abutting Shasta View Drive and Venus Way shall be waived.
20. The developer shall pay for all initial striping,marking,and painting required on Shasta View
Drive.
21. A per-lot fee of$187.84 shall be paid to the City to be placed in a fund established solely for
the installation of a traffic signal at the intersection of Shasta View Drive and Rancho Road.
Said fee shall be paid at the time of issuance of a building permit. The fee shall be adjusted
annually on July 1 of each year in accordance with changes in the Construction Cost Index,
as published in the Engineering News Record. This condition shall be noted on the recorded
map in a prominent manner and in any title report issued upon conveyance of an unimproved
lot.
S-2-91/Oak Meadow Es s Subdivision April 7, 1998
Conditions of Approval)Wendment • Terri Thesken
Page 4
Utilities/Drainage
22. Sewer and water lines are to be extended, sized, and set at grades to permit the orderly
extension of services to all abutting property in accordance with the City Master Sewer and
Water Plans.
23. Water service is to be provided throughout the subdivision in accordance with the
specification of the Public Works Department and in a manner satisfying ISO requirements.
24. The drainage channel along the north property line of the subdivision shall be fenced,
improved, and placed in a public-service easement per the specifications of the Public Works
Department. Improvements shall include the irrigation and placement of evergreen trees(such
as redwood) 30 feet on center along the southern portion of the easement from Shasta View
Drive to Clover Creek.
Grading
25. During construction of the subdivision, clearing and grading shall be limited to those areas
necessary to provide positive drainage for lots,to construct streets,and to install underground
infrastructure or as specified by these conditions.
26. Grading shall be of a scale such that the work can be completed in a single construction season
and shall be limited to that area where construction can be reasonably expected to occur within
the same 12-month period in which the grading occurred. Installation of erosion- and
sediment-control measures shall be coordinated with the sequence of grading and development
so as to be in place prior to October 15 of any year.
27. Prior to recordation of the final map for any phase with identified wetlands, the developer
shall obtain a current permit from the Army Corps of Engineers to alter and/or fill wetlands
existing on site.
28. The developer shall acquire all letters of approval and/or permits from the Department of Fish
and Game for altering or working within any existing natural drainage course prior to the
commencement of grading.
29. All exposed slopes adjacent to a street right-of-way shall be landscaped or hydroseeded to
prevent erosion onto sidewalks. Additional erosion-prevention measures may be required,
including the application of straw bales and/or gabions.
30. All fill slopes creating an embankment adjacent to an open-space easement or natural drainage
course shall include a berm at the top of the fill to catch and direct runoff to a point of
discharge improved with a water-velocity-attenuation device.
S-2-91/Oak Meadow Es Subdivision April 7, 1998
Conditions of Approvaendment • Terri Thesken
Page 5
Fire and Emergency Service
31. On-site and street-side fire hydrants are to be installed in accordance with the Uniform Fire
Code in locations approved by the City Fire Marshal. The hydrants shall have a water source
which meets the ISO and City of Redding fire-flow standards. In no case shall the water
mains be less than 6 inches.
32. Brush piles created from site development and rights-of-way shall be abated prior to the next
fire season.
Clover Creek Improvements
33. The realigned Clover Creek channel shall be dedicated to the City of Redding for floodplain,
urban-trail, and open-space purposes. The limits of the 100-year floodplain (Boyle) shall be
depicted on the final map.
34. Prior to recordation of a final map for any phase of development,a Conditional Letter of Map
Revision (CLOMR) shall be approved by the Federal Emergency Management Agency
(FEMA) in regards to the realignment of the Clover Creek Channel and the placement of the
fill in the floodplain. A Letter of Map Revision (LOMR) shall be approved by FEMA prior
to grading or construction of any phase affected by the FEMA 100-year floodplain.
35. Prior to recording a final map for any phase,the final engineering design for the channel shall
be approved by the Public Works Department.
36. Within the property, Clover Creek shall be realigned and constructed as depicted on the
approved tentative map prior to the recordation of a final map for the second phase of
development(any phase after Phase 1). From the north boundary of the subdivision to Venus
Way,the improved section shall consist of an earthen low-flow and earthen high-flow channel.
Said channel shall be designed to carry the 100-year flood event based on full urbanization of
the watershed as determined by the Clover Creek Drainage Study(Boyle). The channel shall
have the following characteristics:
a. The design shall be such that only periodic mowing of the high-flow channel shall be
required to maintain the flood-carrying capability of the channel. Maintenance of the
low-flow channel or wetland areas shall not be required.
b. The low-flow channel shall not exceed a width of 30 feet.
C. The low-flow channel shall be designed with appropriately spaced meanders. Riffle and
pool areas shall be incorporated to approximate a natural fluvial system.
d. Storm drainage from the subdivision into the channel shall be designed to accommodate
the emergence of riparian vegetation. The storm drains shall not extend closer than 40
S-2-91/Oak Meadow ESubdivision April 7, 1998
Conditions of Approva endment + Terri Thesken
Page 6
feet to the low-flow channel. An area varying 20 to 40 feet in width shall be excavated
from the high-flow channel at the storm-drain outlets to act as riparian pockets.
37. On site, south of Venus Way,the earthen channel may taper to a reduced width(to be not less
than 100 feet) and be constructed to a uniform invert depth. Provisions shall be made in
channel design for year-round vehicle and pedestrian access on the west side of the channel.
The channel shall be located as depicted on the tentative map and shall be improved prior to
recordation of the second phase of development. The design of the access way shall include
the following elements:
a. Inundation should not occur at a frequency less than a 10-year storm event.
b. The minimum width shall be 20 feet.
38. The developer shall reestablish wetland areas of sufficient quantity and quality to ensure that
there is no net loss from existing pre-development circumstances on the site. Mitigation plans
shall be approved by the Department of Fish and Game prior to issuance of a grading permit
for the second phase of development and shall be indicated on the improvement plans. Should
the approved mitigation plan require a widening of the realigned channel and/or the
enlargement of the on-site detention basin from that depicted on the tentative map, the
developer shall apply for an amenament to said tentative map. Any necessary or updated
permits shall be obtained from the Army Corps of Engineers; a No. 1603 Agreement shall be
obtained from the Department of Fish and Game.
39. The developer shall design and incorporate into the site development an on-site detention
basin with the development of Phase 1. The basin shall be designed such that no increase in
water discharge rates for the I 0-year,25-year,and 100-year flood event,shall occur in Clover
Creek for the entire subdivision. The engineering calculations shall be provided to the Public
Works Department at the time final improvement plans are submitted for Phase 1. The
perimeter of the detention basin shall be irrigated and planted with screening shrubs placed
10 feet on-center and trees placed 20 feet on-center. Prior to the recordation of Phase 1, the
detention basin de-watering pump shall be installed per the specifications of the Public Works
Department. Prior to the recordation of Phase 1, provisions for a maintenance fund for
detention basin dewatering shall be established with the Public Works Department.
40. The following measures shall be instituted to control erosion and to reestablish vegetation
within the realigned high-flow and low-flow channel. These conditions are in addition to
erosion-control requirements which may be imposed with the approval of the grading permit.
a. Channel work shall commence after May 15 and be completed prior to August 15 of the
construction year.
b. The channels and banks shall be reestablished with grass by the application of seed and
straw mulch. The mulch shall be anchored by "punching" or other approved method.
S-2-91/Oak Meadow Es Subdivision April 7, 1998
Conditions of Approvalendment . Terri Thesken
Page 7
c. Prior to seeding, the channel shall be fertilized at a rate of 500 lb/acre with a
10-10-10 fertilizer.
d. The grass shall be seeded prior to August 20 of the construction year and shall be
established with irrigation. The irrigation shall be applied through October 15 as may
be dictated by weather conditions.
e. In the event that work is not completed by August 15 of the construction year, the
seeding in the low-flow channel shall be anchored by jute matting or other appropriate
material by September 15.
f. The above dates may be extended up to 45 days with the concurrence of the City of
Redding,Department of Fish and Game,and the Regional Water Quality Control Board.
41. During grading activities, existing top soil on the site shall be stockpiled. It shall be spread
within the realigned channel to a minimum depth of two inches to assist in the reestablishment
of vegetation.
42. Native species of trees, including blue oak,interior live oak, cottonwood,and sycamore shall
be planted along the high-flow channel and along the banks of the channel. The trees shall
consist of 50 percent 5-gallon specimens and 50 percent 15-gallon specimens or other
appropriate mix as determined by a certified arborist. For purposes of determining the number
of trees to be planted, the spacing of the trees shall be approximately 50 feet based on the
entire high-flow channel area. The number of trees to be planted shall not be based
exclusively on channel length. The trees shall be selected and planted in accordance with the
recommendations of an arborist,certified by the Western Chapter of the International Society
of Arboriculture, who shall be retained by and at the expense of the developer. The planting
plan shall be approved by the Planning Division prior to undertaking planting activities.
Planting shall be completed with the development of any unit adjacent to the channel.
43. Vehicular access for maintenance and mosquito-abatement vehicles shall be provided both
north and south at Venus Way. The access shall be graded and surfaced to ensure year-round
access. The access ways shall include motorcycle barriers and be suitable for public-trail
purposes.
44. Prior to the issuance of any building permit for any dwelling unit within the subdivision, the
developer/owner shall deposit with the City a fee of$665.61 per dwelling unit for future off-
site drainage improvements to Clover Creek. The monies shall be used for those
improvements identified in the Clover Creek drainage study prepared by the Boyle
Engineering Corporation. The fee amount is based on estimated improvement costs as
determined in the Boyle Report and is prorated to provide an offset credit for the City wide
storm drain tax. Should a benefit district be established which requires the payment of fees
different than above to fund said improvements, the lower fee shall prevail. The fee shall be
adjusted annually on July 1 in accordance with changes in the Construction Cost Index, as
" S-2-91/Oak Meadow Est Subdivision April 7, 1998
Conditions of Approval/ ndment • Terri Thesken
Page 8
published in the Engineering News Record. This condition shall be recorded on the final map
and noted in the title report in its entirety. The escrow instructions for the sale of each lot shall
require that the purchaser and seller of each lot sign a statement that they have read and
understand this condition.
Landscape and Open Space
45. Prior to recordation of a final map for any phase, the developer shall create and fund a private
homeowners'association to hold and maintain common area improvements in perpetuity. The
articles of incorporation and Covenants, Conditions, and Restrictions for the homeowners'
association shall be reviewed and approved by the City Attorney. The homeowners'
association shall be responsible for the development and maintenance of the Clover Creek
channel;parks and open space improvements along the Clover Creek corridor(trails,benches,
landscape,irrigation,and fencing);pedestrian/bicycle access easements; public right-of-way
improvements, including walls along Shasta View Drive and Venus Way, pedestrian trails,
subdivision identifier signs and landscape;landscape planters;irrigation;roundabout and cul-
de-sac roundabout landscape and irrigation;and detention basin dewatering(pump operation)
expenses.
46. Formation of the private homeowners' association will obligate each lot owner within the
subdivision to participate in the association. The following condition shall be recorded on
final maps and noted in title reports. The escrow instructions for the sale of each lot shall
require that the purchaser and seller of each lot sign a statement that they have read and
understand this condition of sale:
a. The property owner(s) shall consent to participation in the private homeowners'
association for the purpose of maintaining in perpetuity the open space and public right-
of-way improvements delineated in Condition 45.
47. Landscape irrigation systems shall be installed and approved by the City in conjunction with
the public improvements for each phase of the subdivision. Landscape improvements shall
be installed and approved by the City prior to issuance of any building permit in a phase.
48. The developer shall be responsible for all costs and fees associated with the installation and
connection to City water and electric utilities. Such fees include, but are not necessarily
limited to,meter fees,connection charges,benefit fees,inspection fees,and development fees.
49. Adjacent to improved Shasta View Drive, the developer shall construct an 8-foot-high,
decorative, solid masonry wall along the property line, in accordance with the specifications
of the Public Works Department. The wall shall incorporate vertical treatment(a decorative
cap and pilasters or indents/pop-outs) every 20 feet. The wall shall be reduced to 3 feet in
height along the corner radii at all street intersections. The wall for any phase shall be
constructed prior to the issuance of the first building permit of any lot abutting Shasta View
"S-2-91/Oak Meadow Est Subdivision April 7, 1998
Conditions of Approval/
Terri Thesken
Page 9
Drive in that phase. Wall material and design detail shall be approved by the Development
Services Department with the subdivision improvement plans.
50. With each phase of development adjacent to Venus Way, the developer shall construct a
6-foot-high, decorative solid masonry wall along the property line, or a 6-foot-high treated
cedar fence with decorative solid masonry pilaster-and-cap(every 16 feet). The pilasters shall
be designed to match the solid masonry wall on Shasta View Drive. The wall or fence shall
be reduced to 3 feet in height along the corner radii at all street intersections. The wall or
fence shall be constructed in conjunction with the subdivision improvements. Wall or fence
material and design detail shall be approved by the Development Services Department with
the subdivision improvement plans.
51. Lots backing onto the Clover Creek corridor (Phase 3, 6, 7, 8, and 9) shall be prohibited to
construct solid fences(concrete,stucco,or wood)along the rear property lines adjacent to the
creek. This condition shall be noted on the final maps for each affected phase and in the title
reports for affected lots. Rear-yard setbacks for all structures on lots abutting the Clover
Creek corridor shall be a minimum of 15 feet and shall be indicated on final maps.
52. The park site at the terminus of Streets "A" and "Q" shall be constructed with Phase 7. The
park shall be fenced with decorative fencing to protect from vehicular encroachment. The
park design and fencing shall be approved by the Planning Division and installed with the
subdivision improvement plans for Phase 7.
53. The park site along Street "O" shall be constructed with Phase 8. The park shall be fenced
with decorative fencing to protect from vehicular encroachment. The park design and fencing
shall be approved by the Planning Division and installed with the subdivision improvement
plans for Phase 8.
54. At the time of construction of the second park site, a low-flow crossing shall be installed
connecting the two park sites across the Clover Creek channel. The plans for the crossing
shall be submitted with improvement plans for the subject phase of development. A
Conditional Letter of Map Revision(CLOMR)shall be prepared and approved by FEMA prior
to construction.
55. With the development of Phase 5, a minimum 20 foot-wide pedestrian pathway/bicycle access
shall be provided from the western cul-de-sac terminus of Street "I" to Shasta View Drive.
The accessway shall be fenced to prohibit vehicular passage and shall include irrigated
landscaping and a 6 foot-wide,meandering paved pathway. The plans for the accessway shall
be submitted with the improvement plans for Phase 5.
56. With the development of Phase 9, a minimum 20 foot-wide pedestrian access shall be
provided from the Woodbury Drive cul-de-sac terminus to the Clover Creek corridor. The
accessway shall be fenced to prohibit vehicular passage and shall include irrigated landscaping
S-2-91/Oak Meadow ESubdivision April 7, 1998
Conditions of Approva*1endment Terri Thesken
Page 10
and a 6-foot-wide meandering, paved pathway. The plans for the accessway shall be
submitted with the improvement plans for Phase 9.
Miscellaneous
57. Mechanical units(heating and air conditioning units)shall be required to be ground-mounted
with each dwelling unit. This requirement shall be noted on the final map and in title
documents.
Archaeology
58. If, in the course of development, any archaeological, historical, or paleontological resources
are uncovered, construction activities in the affected area shall cease and a qualified
archaeologist shall be contacted to review the site and advise the City of the site's significance.
If the findings are deemed significant, appropriate mitigations shall be required prior to any
resumption of work on the project.
s' RESOLUTION NO. 92-I
QTANDARD SUBDIVISION COONS
1. Subdivision improvements are to conform to Title 17 of the Redding City Code.
2. A current title report is to be submitted with the final map.
3. Sewer lines, waterlines, electric-service facilities and other utilities; drainage facilities;
necessary electric-and public-service easements; and street dedications are to be provided in
accordance with the Redding Municipal Code and as specified by the Public Works
Department.
4. The final improvement plans are to be reviewed by the Shasta Mosquito Abatement District.
5. No construction is to occur prior to approval of improvement plans and issuance of a grading
permit. Grading plans shall include, but not be Iimited to, all erosion-control measures,
retaining walls required, slopes, and elevations.
6. The developer shall consult with the Electric Department after initial Public Works review of
the subdivision improvement plans for preparation of an electric-service plan. A copy of the
electric-service plan,developed by the Electric Department,shall be incorporated into the final
subdivision improvement plans.
7. A soils report is to be submitted to the Public Works Department at the time construction
drawings are submitted.
8. The street side-yard setback for corner lots is to be 10 feet and illustrated on the final map.
9. Grading is to be restricted to the period from April 15 to October 15 of any year unless a
waiver is granted by the Director of Public Works. A discharge report is to be filed with the
Regional Water Quality Control Board. Grading shall not occur in areas depicted as open
space on the tentative map.
10. Prior to the recording of a subdivision, an application to apportion any special assessment-
district lien(Improvement Bond Act of 1915), accompanied by any applicable fees, shall be
on file with the City Treasurer.
11. All street names proposed within the subdivision shall be given to the Planning Department
at the time of submittal of subdivision improvement plans. One alternative street name shall
be supplied for every four streets. A final map may not be recorded until Planning
Commission approval of all street names.
12. A barricade shall be installed at the end of all stub streets in accordance with specifications of
the Public Works Department.
13. New utilities within the project, including, but not limited to, electric, cable television, and
telephone, shall be installed underground.
14. Electric-supply facilities shall be furnished and installed in accordance with the Electric Utility
Service Policy resolution currently in effect at the time the electric-service plan for the
subdivision is signed by the City Electric Department.
STANDARD SUBD ION CONDITIONS
Page 2
15. A minimum 5-foot-wide easement for electrical service is to be provided adjacent to all road
rights-of-way.
16. The developer is to note that public/municipal utility companies may have to be reimbursed
for all costs associated with the relocation of their facilities necessitated by the construction
of the improvements required as a condition of approval of this permit.
17. Sewer lines are to be sized and installed at grades to permit the orderly extension of service
to all tributary areas.
18. All provisions of Chapter 18.65 of the Redding Municipal Code pertaining to the preservation
of trees within subdivision developments shall be complied with.
19. In-lieu park fees are to be paid in accordance with Chapter 17.42 of the Redding Municipal
Code prior to the recording of the final map.
20. Fire hydrants are to be installed in location(s)approved by the Fire Marshal. The main(s)shall
be designed to provide adequate fire flows. In no case shall the main(s) be less than 6 inches
in diameter.
21. Fire-protection facilities, including all-weather access roads, shall be installed and remain
se.viceable prior to and during the time of construction of any structures.
22. All brush piles created by site and street improvements shall be abated prior to the next fire
season. Any burning of brush shall be in compliance with the requirements of the Fire
Marshal and with Air Pollution Control District regulations.
23. All real estate signs shall conform with City Code requirements.
24. Final improvement plans shall depict locations for centralized mail-delivery units. The
locations shall be approved by the Postal Service and the City Public Works Department.
25. Final improvement plan shall depict driveway location for lots with a slope greater than
15 percent within 30 feet of the street providing access.
26. All interior streets shall have curb,gutter,and 4-foot-wide sidewalk; if rolled curb is utilized,
the sidewalk shall be 6 inches thick.
27. The developer shall be responsible for the signing, striping, and marking of all streets.
28. If, in the course of development, any archaeological,historical, or paleontological resources
are uncovered, construction activities in the affected area shall cease; and a qualified
archaeologist shall be contacted to review the site and advise the City of the site's significance.
If the findings are deemed significant, appropriate mitigations shall be required prior to any
resumption of work on the project.
12-30-97
SUBCOND.RES
In the Superior Court of the State of California
in and for the County of Shasta
--------------------
CERTIFICATE OF PUBLICATION
--------------------
-ORDINANCE ND.2215 j
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NO. REDDING APPROVING ENTERING INTO THE AMENDED]
AND RESTATED DEVELOPMENT.AGREEMENT BETWEEN
THECITYOF REDDING AND SHASTA VIEW INVESTMENTS;
RELATIVE TO THE DEVELOPMENT OF THE OAK MEADOW'
7. �7 ESTATES SUBDIVISION.
Public Notice THE-CITY COUNCIL OF THE CITY.OF REDDING DOES OR-
City of Redding DAIN AS FOLLOWS: ,
Section 1.The City of Redding enter into the Amended and
-Restated Development Agreement(a copy of which is.attached!
,hereto and made part hereof by,reference) between the City,
State of California and Shasta View Investments;a California;Limited Partnership,
,the provisions of which are consistent with the General Plan
.and any applicable specific plan.
County of Shasta
Section 2.The Mayor is authorized,empowered'and directed
to execute'the Amended and Restated Development Agreement
06
behalf of.the City Council;and the CityClerkis directed to at-I
I herebycertify that the Record Searchlight is a test his signature and affix the official seal of the City of Red-
.ding to the agreement.
newspaper of general circulation within the provisions
Section 3:This'Ordinance-shall take effect 30 days after the '
of the Government Code of the State of California, date of its adoption.
printed and published in the Citi,of Redding,Count Section 4.The,City Clerk shall:
P P Cityy 1.Certify to the adoption of this Ordinance and cause its pub-
of Shasta, State of California;that I am therind al ilication according to law;
P P 2. No later than 10 days after the City enters into the
clerk of the printer of said newspaper;that the notice Amended'and Restated,Development Agreement, record the
agreement with the Shasta County Assessor/Recorder;and
of which the annexed clipping is a true printed c0 3..If the parties to the Amended and Restated'Development
PP g P Py Agreement or their successors-in;interest amend orcancel the
was published in said newspaper on the following agreement as provided in Government Code Section 65868;or
if the City terminates the agreement as provided in Government
dates,to wit; Code Section 65865.1 for failure of the applicant to comply in
good faith with the terms of the agreement,record a notice of
such action.with the Shasta County Assessor/Recorder.
p I HEREBY CERTIFY that the foregoing Ordinance was intro-:
June 10, 1998. duced and read'at a regular meeting of the City Council of the
'City of Redding on the 19th day.of May, 1998;and was duly,
read and adopted on the 2nd day of June, 1998, at.a regular
meeting of the City Council by the following vote:
I certify under penalty of perjury that the foregoing I AYES: .. COUNCIL MEMBERS: Anclersori, Cibula,•Kight
is true and correct,at Redding,California on the !McGeorge . - 1 '
&Kehoe NOES:. - COUNCIL MEMBERS:
None ABSENT: ,COUNCIL MEMBERS:
None 'ABSENT:
COUNCIL MEMBERS:
None
4-0th of June, 1998. ,t, r
n - a.ii/s/DaJid;A.Kehoe '
r-p.DAVID.A,KEH OE,Mayor. ,
n
/I Attest �
/s/Conroe StroFimayer .
333 'CONNIE STROHMAYER',City Clerk
Signature Form Approved:
/s/W.Leonard Wingate
W.LEONARD WINGATE,City Attorney �-
RECORD SEARCHLIGHT :A copy if the Amended and Restated Development Agreement
is on file and available for review in the Office of the City Clerk,
1101 Twin View Blvd.,Redding,California 96003 June 10,1998_ 4409884