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HomeMy WebLinkAboutOrdinance - 2494 - Highland Park i4 .... It e ORDINANCE NO. 2494 AN UNCODIFIED ORDINANCE OF THE CITY OF REDDING 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 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. 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 March 5, 2013, City Council meeting titled "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 (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) The City Council considered the amendment in open session as an item of the March 5, 2013, 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. Jl e II (e) The Development Agreement as amended is consistent with and conforms to the requirements of Cali fomi a 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 ofthe City Council on March 5,2013. 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 5th day of March, 2013; and was duly read and adopted at a regular meeting on the 19th day of March, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Cadd, Jones, McArthur, Sullivan, and Bosetti None None None 72~ ~-- RICK BOSETTI, Mayor ATTEST: c ,; F"' ..; .. \ ~ ./~- FORM APPROVED: "". ~'AI PAMELA l\lIii:~ " ., (, " ,,;;>. r " ", 1.... '.:" RIc~~orneY