HomeMy WebLinkAboutReso 2004-133 - Expansion of Walmart
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RESOLUTION NO. 2004-133
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING RESCINDING
RESOLUTION NO. 2003..177 WHICH APPROVED USE PERMIT UP-I-03 AND
ADOPTED THE MITIGATED NEGATIVE DECLARATION FOR THE EXPANSION OF
W ALMART AND RESCINDING BUILDING PERMIT NO. 200406077 AND ALL
OTHER ACTIONS AUTHORIZING THE EXPANSION OF W ALMART FACILITIES
WHEREAS, on November 4, 2003, the City Council adopted Resolution No. 2003-177 which adopted detailed
fmdings to support the October 7,2003:, City Council decision to deny the appeal ofthe Planning Commission decision
and approve Use Permit UP-I-03 and associated Mitigated Negative Declaration for the WalMart Expansion Project
("Project").
WHEREAS, on December 3,2003, petitioners Dolan Ingram et al. filed a Verified Petition for a Writ of
Mandate in the Shasta County Superior Court (Case No. 150440) challenging the approvals granted for the Project.
WHEREAS, on June 4, 2004, lhe City of Redding Building Division issued Building Permit No. 200406077
which authorized construction activity for the Project.
WHEREAS, on June 21, 2004, the Honorable James Ruggiero heard the matter and ordered the issuance
of a peremptory writ of mandate which required the City Council to set aside its approval of Use Permit UP-I-03,
the associated Mitigated Negative DeGlaration for Use Permit UP-I-03, and all other approvals for the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council rescinds Resolution 2003-177, Building
Permit No. 200406077, and all other approvals granted by the City Councilor by City staff which authorize the
expansion of the WalMart facility.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a special meeting of the
Redding City Council on the 3,d day of August 2004 and was duly adopted at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBER:
COUNCIL MEMBER:
COUNCIL MEMBER:
COUNCIL MEMBER:
Cibula, Kight, Mathena, Stegall, and Pohlmeyer
None
None
No
ATTEST:
FORM APPROVED:
LYNETTE M. FREDIANI,
Interim City Attorney
By:, 25'C')/~
BARRY E. DEWALT, Assistant City Attorney
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