REDDING CITY COUNCIL SPECIAL MEETING
Civic Center Council Chambers
777 Cypress Avenue, Redding, CA
WEDNESDAY, SEPTEMBER 11, 2024, 5:15 P.M.
NOTICE AND AGENDA
NOTICE IS HEREBY GIVEN that a Special Meeting of the Redding City Cou ncil is hereby called by the undersigned and under the authority vested in her by Section 54956 of the Government Code of the State of California. The meeting is to take place at the date, time, and location listed above.
Business to be transacted at said meeting, and the only business to be transacted is as follows:
1. See Attached Agenda
_______________________
Tenessa Audette, Mayor
Dated: September 9, 2024
Redding City Council September 11, 2024
Agenda
Special Meeting, Redding City Council
Council Chambers (Doors open 30 minutes prior)
777 Cypress Avenue, Redding, CA
September 11, 2024
5:15 PM
1. CALL TO ORDER - MAYOR TENESSA AUDETTE
A. Roll Call
2. REGULAR CALENDAR:
2A. Consider adopting an Uncodified Ordinance approv ing a Development Agreement (AGREE-2024-00962) with Greenview Development Company and Mark Guiton relative to the Westridge Master Plan.
Recommendation:
Authorize and approve the following actions:
(1) Adopt an uncodified Ordinance approving the Developmen t Agreement (AGREE-2024-00962) with Greenview Development Company and Mark Guiton relative to Westridge Estates Subdivision I (S -2018 -00938), Westridge Estates II (S-04-04), and Westridge Estates III (S -19-13), whereby the expiration date of the previously approved Tentative Subdivision Maps (S-19-03, S-04-04, and S-2018-00938) would be extended in exchange for the construction of Spicewood Drive prior to or concurrent with the final map recordation of Westridge Estates I, for first reading by title only, a nd waive the first reading. The subject properties are located at 9489 Placer Street, 16989 and 16991 Campo Calle Street, 950 Canyon Creek Road, 3000 Dartmouth Drive, and 2286 Adirondack Drive;
(2) Adopt the Addendum to the Westridge Master Plan Environmenta l Impact Report; and
(3) Direct the City Attorney to prepare and the City Clerk to publish a summary ordinance according to law.
3. ADJOURNMENT
If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker fo r each agenda item. Staff reports are available on -line at the City’s web site at www.cityofredding.gov and in the Public View binder located on the podium at the north side of the Chambers.
PLEASE SILENCE YOUR CELL PHONES. THANK YOU.
Redding City Council September 11, 2024
Pursuant to the Brown Act, non -confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3 rd Floor, City Hall, 777 Cypress Avenue, Redding, California.
City Council Meetings w ill be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181 , and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: https://www.shastaartscouncil.org/scactv. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.gov/. Open the Services tab, and select City Council Videos.
In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participat e in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225 -4447 or in person, or by mail at 777 Cypress Avenue, 3 rd Floor, Redding, California 96001 at least three (3) working days in advance.
The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.
Questions, complaints, or requests f or accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Adopt an uncodified Ordinance approving the Development Agreement (AGREE-2024- 00962) with Greenview Development Company and Mark Guiton relative to Westridge Estates Subdivision I (S-2018-00938), Westridge Estates II (S-04-04), and Westridge Estates III (S-19-13), whereby the expiration date of the previously approved Tentative Subdivision Maps (S-19-03, S-04-04, and S-2018-00938) would be extended in exchange for the construction of Spicewood Drive prior to or concurrent with the final map recordation of Westridge Estates I, for first reading by title only, and waive the first reading. The subject properties are located at 9489 Placer Street, 16989 and 16991 Campo Calle Street, 950 Canyon Creek Road, 3000 Dartmouth Drive, and 2286 Adirondack Drive;
(2) Adopt the Addendum to the Westridge Master Plan Environmental Impact Report; and (3) Direct the City Attorne y to prepare and the City Clerk to publish a summary ordinance according to law.
Fiscal Impact
Entering into this Development Agreement (Agreement) has no fiscal impact to the City of Redding (City).
Alternative Action
The City Council (Council) can choose not to enter into the propose d Agreement, thereby not extending the subdivision maps for Westridge Estates I, II, and III.
MEETING DATE: September 11, 2024
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 2A--Consider adopting an Uncodified Ordinance approving a Development Agreement (AGREE -2024-00962) with Greenview Development Company and Mark Guiton relative to the Westridge Master Plan.
Jeremy Pagan, Development
Services Director/Bldg
Official
Packet Pg. 4
Report to Redding City Council September 9, 2024
Re: 2A--Development Agreement Application (AGREE-2024-00962) Page 2
Background/Analysis
The Redding Planning Commission held a public hearing at their regularly scheduled meeting of August 27, 2024, and voted 6-1 to recommend that Council approve the Agreement.
As proposed, Green Development Company and Mark Guiton (collectively, referred to as Developer) would like to enter into to an Agreement with the City for the development known as the Westridge Master Plan, an area of 400 acres in west Redding, lying between the Country Heights/Ridgeview Subdivisions and Placer Street. The Master Plan illustrates a concept for development of 271 single -family homes and a neighborhood park, with preserv ation of 260 acres in open space. Two subdivision maps, Westridge Estates II and III, were granted approval by Council on July 21, 2009. The approval consisted of the following:
• Certification of Environmental Impact Report (EIR) EIR -2-03, an EIR prepared for development of the Westridge Master Plan. The final resolution certifying the EIR is attached.
• Annexation Application AN-1-04, annexation of approximately 52.58 acres on the east side of Placer Road, north of Power Line Road, and south of Campo Calle.
Subsequently, the annexation was reduced to 37.8 acres. The reduction eliminated the southern portion of the parcel, which will remain in Shasta County’s (County) jurisdiction. The developer has submitted a parcel map application with the County to divide the southern portion into four large single -family lots. The annexation of the project site was approved by Shasta Local Agency Formation Commission (LAFCO) on June 1, 2018. Shasta LAFCO issued the Certificate of Completion on October 8, 2018, thereby completing the annexation. The filing of a Statement of Boundary Change with the State Board of Equalization (BOE) is still pending. • General Plan Amendment Application GPA -7-03, to remove from the General Plan Transportation Element for the Canyon Creek Road extension to Placer Street and revise the Primary Growth Boundary identified in the Community Development and Design Element.
• General Plan Amendment Application GPA-3-04, to change the land use classification of approximately 24.6 acres within the West ridge Master Plan Area from “Residential, 1 to 5 acres per unit” to “Residential, 2 to 3.5 dwelling units per acre.” • Rezoning Application RZ -11-03, to prezone lands within the Westridge Master Plan Annexation Area to “RE-1” Residential Estate District, “RS-3” Residential Single-Family District, and “OS” Open Space District and to apply the “OS” Open Space District to open-space lands shown on the Westridge II and Westridge III Subdivision maps.
Subsequently, since the granting of the initial entitlements provided above, a third subdivision map, Westridge Estates I was approved by Planning Commission on July 23, 2019. Further, the following actions occurred:
• Road Improvements. The following road improvement projects have been completed by the City.
• Traffic signal and associated pavement and marking at the intersection of Buenaventura Boulevard and Canyon Creek Road;
• Construction, widening, and restriping of Placer Street from Buenaventura Boulevard to Pleasant Street; and
Packet Pg. 5
Report to Redding City Council September 9, 2024
Re: 2A--Development Agreement Application (AGREE-2024-00962) Page 3
• Construction, widening and restriping of Placer Street from Pleasant Street to Airpark Drive.
Both Westridge Estates II and III subdivisions will be expiring on September 29, 2024. These maps have expended all the state and local map extensions available. Westridge Estates I will expire on August 2, 2025, and is allowed one more three-year extension which would extend the expiration to August 2, 2028.
The proposed Agreement addresses the area of the three approved subdivisions totaling 348 acres. The remaining 52 acres of the master plan area, Westridge Estates IV, is under a separate ownership and a tentative map application has not been submitted. The agreement will initially extend the maps five years, to September 29, 2029, thereby granting Westridge Estates II and III an additional f ive years and Westridge Estates I one additional year. An additional five-year extension of the map will be granted with the recordation of the final map for Westridge Estates I and completion of Spicewood Drive. This is reflected in the proposed milestone phasing plan provided below and attached to this staff report. The milestone phasing plan will grant a potential ten-year extension. Per Chapter 18.20 of the Zoning Ordinance, development agreements are limited to a maximum term of ten years; however, the development agreement may specify options to renew the term of the agreement - the proposed Agreement includes this option.
In August, when this item went before the Planning Commissio n, a Milestone Phasing Plan was provided which ultimately extended the subdivision maps to 20 years. Subsequently, staff has determined the milestone phasing plan was not consistent with Chapter 18.20 of the Zoning Ordinance, and therefore has revised the proposed Agreement as discussed above with a revised milestone phasing plan as shown below.
Task
#
Milestone Task (Complete task for
Extension)
Grant
Extension
Expiration Date
1 Execution of Development Agreement 5 years September 29, 2029 2 (1) Final Map Recordation of WR I
(2) Completion of Spicewood Drive
5 years September 29, 2034
Spicewood Drive is proposed as a full public road providing tertiary connection not only for the proposed subdivisions, but, more importantly, for the Country Heights Subdivision to the south.
Residents within the western section of Countr y Heights Subdivision are more than one mile from Blazingwood Drive and Riviera Drive; roads providing access to either Buenaventura Boulevard or Eastside Road. Taking into consideration these subdivisions are within the Very High Fire Severity Zone, the Spicewood Drive connection to Placer is a very important connection for public safety and of great benefit to the City’s residents.
Environmental Determination
Spicewood Drive will serve as an access point to the existing Country Heights Subdivision on the south side of the canyon and to the proposed Westridge project. The adopted EIR for the Westridge Master Plan included an analysis of the Spicewood Drive connection. The EIR identified feasible mitigations for all potential impacts in these areas that wo uld reduce the impact to a level of less than significant. Mitigations have been adopted as a part of the project and are reflected in the existing subdivision conditions of approval. The existing conditions Packet Pg. 6
Report to Redding City Council September 9, 2024
Re: 2A--Development Agreement Application (AGREE-2024-00962) Page 4
require the construction of Spicewood Drive prio r to the occupancy of the 78 th residence. The proposed development agreement would require Spicewood Drive in conjunction with the final map of Westridge Estates I; thereby accelerating the construction of Spicewood Drive to occur prior to the construction of any homes . Accelerating the construction of Spicewood Drive does not constitute a change in the project that would increase environmental impacts, therefore staff has determined the existing EIR is adequate for the development agreement application. Staff has prepared an addendum to the existing EIR and is recommending the Addendum be adopted pursuant to the California Environmental Quality Act. A copy of the Addendum is attached and a link to the EIR is provided.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of to day’s residents and workforce. Anticipate the future to make better decisions today.”
c: Greenview Development, Applicant
Mark Guiton, Applicant
Attachments
^Draft Ordinance
^Location Map
^Development Agreement Master Plan Map
^Addendum to Westridge EIR
Draft Development Agreement with Exhibits
Westridge Master Plan EIR (Available ONLINE) <<CLICK HERE>> Packet Pg. 7
ORDINANCE NO. _______
AN UNCODIFIED ORDINANCE OF THE CITY OF REDDING
APPROVING THE DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF REDDING AND GREENVIEW DEVELOPMENT AND
MARK GUITON RELATIVE TO THE DEVELOPMENT KNOWN AS
WESTRIDGE ESTATES SUBDIVISION I S -2018-00938, WESTRIDGE ESTATES II S-04-04, AND WESTRDIGE ESTATES III S-19-03
The City Council of the City of Redding does ordain as follows:
SECTION 1. Government Code Section 65867.5(a) states that a "development agr eement 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 August 27, 2024, the Planning Commission held a duly-noticed public hearing pertaining to the Development Agreement , AGREE -2024-00962, By and Between the City of Redding and the property owners , Greenview Development and Mark Guiton , Relative to the Development Known as Westridge Estates Subdivision I S -2018-00938, Westridge Estates II S - 04-04, and Westridge Estates Subdivision III S -19-03, and recommended that the City Council adopt the Addendum to the Westridge Master Plan Environmental Impact Report and approve the Development Agreement.
SECTION 4. The City Council hereby approves the Development Agreement substantially in the form as attached to the staff report for the September 17, 2024, City Council meeting titled "Public Hearing re : Ordinance Effectuating a Development Agreement By and Between the City of Redding and the property owners, Greenview Development and Mark Guiton, Relative to the Development Known as Westridge Estates Subdivision I S -2018-00938, Westridge Estates II S - 04-04, and Westridge Estates Subdivision III S -19-03 and on file with the City Clerk, subject to such minor and clarifying changes consistent with the terms thereof a s may be approved by the City Attorney prior to execution thereof.
SECTION 5. The City Council adopts the following findings in conjunction with its approval of the Development Agreement:
(a) Public hearings have been held by the Planning Commission and the City Council, as required by California Government Code Section 65867, et seq., and Redding Municipal Code Section 18.20.030.
(b) Notice of the public hearings in the form of a notice of intention to consider approval of a development agreement has been given in compliance with state law, Packet Pg. 8
Attachment: ^Draft Ordinance (2A--Development Agreement Application (AGREE-2024-00962)) California Government Code Section 65867, and Redding Municipal Code Section
18.20.030.
(c) The Development Agreement is in the best interest of the City.
(d) The Development Agreement will promote the public interest and welfare of the City.
(e) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City's General Plan and all applicable specific plans.
(f) The Development Agreement 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 Development Agreement on behalf of the City of Redding.
SECTION 7. 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 special meeting on the 11th day of September, 2024; and was duly read and adopted at a regular meeting on the ____ day of ______________, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________________
TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVED:
_______________________________ ______________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN CURTIS, City Attorney
Packet Pg. 9
Attachment: ^Draft Ordinance (2A--Development Agreement Application (AGREE-2024-00962)) Placer Rd
Buenaventura Blvd
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MTG. DATE:
ITEM:
ATTACHMENT:
LOCATION MAPGIS DIVISION
INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED:
-
P:\Housing\ProProjects\9489_Placer Street_Loc
AUGUST 13, 2024
GREENVIEW DEVELOPMENT/GUITON
AGREE-2024-00962
0 500 1,000
US Feet
9489 Placer Rd
203-160-019
16989 Campo Calle St
203-170-002
3000 Dartmouth Dr
204-430-011
2286 Adirondack Dr
204-430-014
950 Canyon Creek Rd
203-190-022
16991 Campo Calle St
203-170-001
EXHIBIT A
Packet Pg. 10
Attachment: ^Location Map (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 11
Attachment: ^Development Agreement Master Plan Map (2A--Development Agreement
ADDENDUM TO AN ENVIRONMENTAL IMPACT REPORT
Westridge Master Plan Development Agreement
Development Agreement Application AGREE-2024-00962
Westridge Estates Subdivision, Unit I (S-2018-00938)
Westridge Estates Subdivision, Unit II (S-4-04)
Westridge Estates Subdivision, Unit III (S-19-03)
PROJECT DESCRIPTION
Development Agreement Application AGREE-2024-00962 for Tentative Subdivision Maps Westridge Estates, Unit I (S -2018-00938), Westridge Estates, Unit II (S-4-04), and Westridge Estates, Unit III (S-19-03) associated with the Westridge Master Plan project (“Project”).
The Project, the “Westridge Master Plan,” is an area of 400 acres in West Redding, lying between the Country Heights/Ridgeview Subdivisions and Placer Street. The Master Plan illustrates a concept for development of 271 single-family homes and neighborhood park, with preservation of 260 acres in open space. The Plan and two subdivision maps, Westridge Estates II and III, were granted approval by City Council on July 21, 2009. The approval consisted of the following:
♦ Certification of Environmental Impact Report (EIR) EIR -2-03, an EIR prepared for development of the Westridge Master Plan. The final resolution certifying the EIR is attached.
♦ Annexation Application AN-1-04, annexation of approximately 52.58 acres on the east side of Placer Road, north of Power Line Road, and south of Campo Calle. Subsequently, the annexation was reduced to 37.8 acres. The reduction eliminated the southern portion of the parcel, which will remain in the County’s jurisdiction. The developer has submitted a parcel map application with the County to divide the southern portion into four large single-family lots. The annexation of the project site was approved by Shasta Local Agency Formation Commission (LAFCO) on June 1, 2018. The filing of a Statement of Boundary Change with the State Board of Equalization (BOE) is still pending. ♦ General Plan Amendment Application GPA -7-03, to remove from the General Plan Transportation Element the Canyon Creek Road extension t o Placer Street and revise the Primary Growth Boundary identified in the Community Development and Design Element.
♦ General Plan Amendment Application GPA-3-04, to change the land use classification of approximately 24.6 acres within the Westridge master Pl an Area from “Residential, 1 to 5 acres per unit” to “Residential, 2 to 3.5 dwelling units per acre.” ♦ Rezoning Application RZ -11-03, to prezone lands within the Westridge Master Plan Annexation Area to “RE-1” Residential Estate District, “RS-3” Residential Single-Family District, and “OS” Open Space District and to apply the “OS” Open Space District to open- space lands shown on the Westridge II and Westridge III Subdivision maps.
Packet Pg. 12
Attachment: ^Addendum to Westridge EIR (2A--Development Agreement Application (AGREE-2024-00962)) Addendum to EIR/Westridge Development Agreement 2
Subsequently, since the granting of the entitlements for the Project, a thir d subdivision map, Westridge Estates I was granted approval by Planning Commission on July 23, 2019. Further, the following actions occurred:
♦ Annexation. As mentioned above, the annexation was reduced from 52.58 acres to 37.8.
Shasta LAFCO approved the annexation on June 1, 2018. Shasta LAFCO issued the Certificate of Completion on October 8, 2018, thereby completing the annexation. ♦ Road Improvements. The following road improvement projects have been completed by the City.
• Traffic signal and associated pavement and marking at the intersection of Buenaventura Boulevard and Canyon Creek Road.
• Construction, widening, and restriping of Placer Street from Buenaventura Boulevard to Pleasant Street.
• Construction, widening and restriping of Placer Street from P leasant Street to Airpark Drive.
The property owners, Greenview Development and Mark Guiton, are now requesting the City of Redding to enter into a development agreement, pursuant to local ordinance and state law, whereby the expiration date of the subdivisions would be extended in exchange for the construction of Spicewood Drive prior to or concurrent with the final map recordation of Westridge Estates I.
I
MPACT ANALYSIS
Spicewood Drive will serve as an access point to the existing Country Heights Subdivision on the south side of the canyon and to the proposed Westridge project. The adopted EIR for the Westridge Master Plan included an analysis of the Spicewood Drive connection. The EIR addressed all areas of environmental concern. Subject area that were identified as having potential significant impacts included Geology, Soils and Hazardous Materials, Hydrology and Water Quality, A ir Quality, Transportation and Circulation, Biological Resources, Noise, Community Services, Utilities and Service Systems, Visual Resources, Light and Glare, Cultural Resources, and Recreation. The EIR identified feasible mitigations for all potential impacts in these areas that would reduce the impact to a level of less than significant. Mitigations have been adopted as a pa rt of the Project and are reflected in the existing approved subdivision conditions of approval. The existing conditions require the Project to construct Spicewood Drive at the 78 th lot. The proposed development
agreement would require Spicewood Drive prior to or in c onjunction with the final map of Westridge Estates I, thereby; prior to the construction of any homes.
D
ETERMINATION
The City of Redding previously prepared an Environmental Impact Report for the Project, which was adopted on July 21, 2009. Based upon a review of the proposed amendments to the Project, it has been determined that an Addendum to the previously adopted EIR is appropriate because none of the following conditions (pursuant to CEQA Section 15162) have occurred:
1. Substantial changes are propose d for the project that will require major revision of the previous Environmental Impact Report due to new, significant environmental effects or a substantial increase in the severity of previously identified effects.
Packet Pg. 13
Attachment: ^Addendum to Westridge EIR (2A--Development Agreement Application (AGREE-2024-00962)) Addendum to EIR/Westridge Development Agreement 3
2. Substantial changes occur with respect to the circumstances under which the project is undertaken that involve new, significant environmental effects or a substantial increase in the severity of previously identified effects.
3. New information of substantial importance indicates that:
a. The project will have one or more significant effects not discussed in the previous Environmental Impact Report.
b. Significant effects previously examined will be substantially more severe than shown in the previous Environmental Impact Report.
c. Mitigation measures previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt them.
d. Mitigation Measures that are considerably different from those analyzed in the previous Environmental Impact Report would substantially reduce one or more significant effects, but the project proponents decline to adopt them.
F
INDINGS
1. The City of Redding has determined that an addendum is warranted, finding that none of the above conditions are in evidence and that there is no substantial evidence, in light of the whole record before the City, that the proposal will have a significant effect on the environment.
2. The Addendum to the Environmental Impact Report reflects the independent judgement and analysis of the City of Redding.
P
UBLIC REVIEW DISTRIBUTION
Pursuant to Section 15164(c) of CEQA, an addendum does not require circulation for public review.
Copies of the Addendum, the Environmental Impact Report, and the original Initial Study may be obtained at the Planning Division of the Development Services Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. Contact Lily Toy at (530) 245.7231.
____________________________ ___________________________ Date Lily Toy, Planning Manager
Development Services Department
Packet Pg. 14
Attachment: ^Addendum to Westridge EIR (2A--Development Agreement Application (AGREE-2024-00962))
RECORDING REQUESTED BY
CITY OF REDDING
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDDING
777 CYPRESS AVENUE
REDDING, CALIFORNIA 96001
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF REDDING AND
Greenview Development Company and Mark Guiton
RELATIVE TO THE DEVELOPMENT KNOWN AS
Westridge Master Plan
THIS DEVELOPMENT AGREEMENT (the “Agreement”) is entered into this 17th day of October, 2024 (the “Effective Date”), between Greenview Development Company , a California corporation and Mark Guiton, an Unmarried Individual, (“Developers”), and the CITY OF REDDING, a municipal corporation, (“City”), pursuant to the authority of Sections 65864 through 65869.5 of the Government Code of the State of California.
RECITALS:
A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864, et seq., of the California Government Code (the “Development Agreement Statute”).
B. The Development Agreement Statute authorizes the City to enter into a property development agreement with any person having a legal or equi table interest in real property for the development of such real property in order to establish certain development rights in the real property.
C. This Agreement is voluntarily entered into in consideration of the benefits to and the rights and obligations of the parties on the basis of the facts cited herein, understanding and intentions of the parties, and in reliance upon the various representations and warranties contained herein.
(Exempt from Recording Fees
Pursuant to Government Code
Section 27383 – Benefits City)
Packet Pg. 15
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) D. Greenview Development Company, Developer is a corporation organized under the laws of the State of California and is in good standing thereunder. Mark Guiton, Developer, is an Unmarried Individual.
E. Developers own in fee that certain parcel s of land (the “Project Site”) as more specifically described in Exhibit “A”, attached hereto.
F. Developers intend to develop the Project Site as the Westridge Master Planned Development (the “Project”).
G. The Project Site is located in the City and consists of a total of approximately 350 acres of land.
H. The Project Site is located in West Redding at the intersection of Placer Road and Thompson Lane as shown on Exhibit “A”.
I. The General Plan designates the area in which the Subject Property is located as Residential, 2 to 3.5 units per acre and Greenway.
J. Developers seek to comply with conditions of approval associated with the various tentative maps and develop the Subject Property in accordance with the land use policies and goals set forth in the City’s General Plan and with the terms and conditions of this Agreement.
K. Developers presently contemplate not to apply for density increases for the Project, and the City presently contemplates not to revise the maximum density increase for the Project, and the City presently contemplates not to revise the maximum density and dwelling unit totals established by the Development Plan for the Project for the term of this Agreement, thus ensuring that appropriate facilities and services are planned and implemented.
L. Pursuant to Section 65865 of the Development Agreement Statut e, a City may establish procedures and requirements for the consideration of development agreements. The City, by adopting Redding Municipal Code Section 18.20, et seq., (City Enacting Ordinance) adopted such procedures and requirements, and the parties hereto desire to enter into such a development agreement pursuant thereto.
M. The Application for this Agreement was considered by the City at (a) duly noticed public hearing(s) in accordance with the Development Agreement Statute and the City Enacting Ordinance.
N. For the reasons recited herein, the City has determined that the Project is a development for which this Agreement is appropriate under the Development Agreement Statute and City Enacting Ordinance.
O. This Agreement will eliminate uncertainty in plann ing for and securing orderly development of the Project Site, ensure progressive installation of necessary improvements, provide public services appropriate to each stage of development of the Project Site, ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieve the goals and purposes for which the Development Agreement Statue was enacted.
P. In exchange for the benefits to the City, contained herein, the City has taken or will take all actions required so that Developer s may begin and consummate development of the Packet Pg. 16
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Project, including the approval, adoption or issuance of necessary development permits, and the future ministerial approval of building plans and ministerial issuance of final maps, appropriate building permits, lot line adjustments, and other necessary or desired approvals and entitlements which are consistent with the development of the Project (collectively, the “Ministerial Approvals”).
Q. In exchange for the benefits to City, Developers desire to receive the assurance that they may proceed with the Project in accordance with the existing land use ordinances, subject to the terms and conditions contained in this Agreement, and to secure the benefits afforded Developers by Government Code Section 65865.3.
R. It is the intent of the parties that all acts referred to in this Agreement shall be accomplished in such a way as to fully comply with CEQA, the Development Agreement Statute, the City Enacting Ordinance, Conditions of Approval and the Development Permits.
S. The terms of this Agreement support the vital and best interests of the City ensuring the development of the Project, which will provide additional property tax revenue for the City and increase the housing stock.
T. The City has an expressed interest in ensuring the provisions of regional - and community-level infrastructure and in pursuing the use of development agreements as a method whereby a level of assurance can be achieved concerning the service demands within planned communities so that long-range plans for needed infrastructure can be developed and implemented.
U. This Agreement is made and entered into in consideration of the mutual covenants and in reliance upon the various representations and warranties contained herein. The parties acknowledge that, in reliance on the agreements, representations, and warranties contained herein, Developers will take certain actions, including making substantial investment and expenditures of monies, relative to the Project Site and the development thereof.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows:
A G R E E M E N T:
SECTION 1. GENERAL ACKNOWLEDGMENTS.
The parties acknowledge that: (a) the City, which has adopted a valid General Plan, has entered into this Agreement pursuant to the Development Agreement Legislation and its police power in order to address public health, safety, and general welfare concerns, including those relating to the amount, density, intensity, and timing of development within the Subject Property, and the need for public facilities and infrastructure in connection with the Subject Property and other property in the area; (b) there is a certain authority under the police power to address public health and safety concerns that cannot be legally relinquished or restricted by this Agreement and that such authority intended to be reserved and hereby is reserved to City hereunder, provided that to the extent possible it shall be construed as to provide Developers with the assurances intended by this Agreement; and (c) nothing herein shall be construed to limit or restrict the exercise by the City of its power of eminent domain.
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) SECTION 2. GENERAL PROVISIONS.
2.01 Property Description. The legal description of the Subject Property is specifically set forth on Exhibit “B” attached hereto and made a part hereof.
2.02 Location of Subject Property. The Subject Property is located in the City and consists of a total of approximately 350 acres of which Greenview Development Company owns approximately 274 acres and Mark Guiton owns approximately 76 acres.
2.03 Effective Date. This Agreement has been entered into by the parties as of the date and year first above-written and shall be effective as of such date (“Effective Date”).
2.04 Term. The term of this Agreement shall commence upon the Effective Date and shall extend for a total of ten (10) years thereafter, should all milestones set forth in the Milestone Phasing Plan on Exhibit “C” are achieved, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual cons ent of the parties. The City and Developers agree that the term of this Agreement is necessary in order to permit the orderly and planned development of the Project.
2.05 Expiration of Term. Following the expiration of said term, the Agreement shall be deemed terminated and of no further force and effect without the need of further documentation from the parties hereto.
2.06 Time is of the essence. Time is of the essence of this Agreement and of each and every term and condition hereof.
2.07 Enforceability of Agreement. City and Developers agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by an y party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, Existing Rules, or any other land use ordinances or building ordinances, resolutions, or ordinances or other regulations adopted by the City which change, alter, or amend the Existing Rules applicable to the development of the Project Site at the time of the approval of this Agreement as provided by Government Code Sections 65866 and 65867.5. This Agreement shall not prevent City from denying or conditionally approving any subsequent development project application by a third party not a successor -in- interest hereto on the basis of such existing or new rules, regulations and policies.
2.08 Further Assurances. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.
2.09 Singular and Plural; Gender. As used herei n, and except where the context requires otherwise, the singular of any word includes the plural and vice versa, and pronouns implying the masculine gender shall include the feminine gender and vice versa.
2.10 Covenants Run With The Land. All of the ter ms, provisions, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Subject Property, or any int erest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of such parties and their respective heirs, successors, and assigns.
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962))
2.11 Enforcement of Covenants. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California.
2.12 Constructive Notice. Every per son who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project or the Subject Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any refe rence to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Subject Property.
SECTION 3. DEFINITIONS.
Reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term.
3.01 Approvals. Any and all permits or approvals of any kind or character required under the terms of this Agreement to develop the Subject Property in the manner as described herein.
3.02 Building Ordinances. Those building standards, of general application and not imposed solely with respect to the Subject Property, in effect from time to time that govern building and construction standards, including, without limitation, the City's building, plum bing, electrical, mechanical, grading, swimming, pool, sign, and fire codes.
3.03 CEQA. CEQA means the California Environmental Quality Act, California Public Resources Code section 21000, et seq., and the State CEQA Guidelines, (California Code of Regulations, Title 14, Section 15000, et seq.), as each is amended from time to time.
3.04 City. City of Redding, State of California.
3.05 Development. The subdivision or improvement of the Subject Property for purposes of constructing the structures, improvements, and facilities comprising the Project including, without limitation: grading, the construction and installation of infrastructure and public facilities related to the Project, whether located within or outside the Subject Property; the construction of structures and building; and the installation of landscape; but not including the maintenance, repair, reconstruction, or redevelopment of any structures, improvements or facilities after the construction and completion thereof.
3.06 Development Agreement Legislation. Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date.
3.07 Development Approval(s). Site-specific permits and other entitlements to use of every kind and nature approved or grante d by the City in connection with the Development including, but not limited to: subdivision approvals (including tentative maps, vesting tentative maps, final maps, parcel maps, and map waivers), development permits, conditional use permits, variances, oak tree permits, grading permits, building permits, and occupancy permits.
3.08 Development Fees. All City adopted fees and monetary exactions that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project and that are imposed by the City as a condition of approval Packet Pg. 19
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) of discretionary or ministerial permits for, or in connection with the implementation of, that development project. The term "Development Fees" does not include processing fees and charges as described in this Agreement. The term "Development Fees" also does not include requirements that development be served by a public utility even if that public utility imposes a capital improvement fee or similar charge as a condition of providing service. All development fees shall be deposited in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, and expend those fees solely for the purpose for which the fee was collected, pursuant to California Government Code Section 66006.
3.09 Director. Development Services Department Director of the City of Redding.
3.10 Enacting Ordinance. Ordinance No. [XXX] enacted by the City Coun cil on [date], approving this Agreement.
3.11 Exactions. All exactions, in -lieu fees or payments, dedication or reservation requirements, obligations for on -site or off -site improvements, construction requirements for public improvements, facilities, or services called in connection with the development of or construction on the Subject Property, whether such requirements constitute subdivision improvements, mitigation measures in connection with environmental review of any project, or impositions made under any applicable ordinance or in order to make a project approval consistent with the land use policies of the City's future General Plan.
3.12 Existing Land Use Ordinances. The Land Use Ordinances in effect as of the Effective Date of this Agreement.
3.13 General Plan. The City of Redding General Plan as duly adopted by the City Council.
3.14 Land Use Ordinances. The ordinances, resolutions, codes, rules, regulations and official policies of City, governing the development of the Subject Property, including but not limited to, the permitted uses of land, the density and intensity of use of land, exactions, and the timing of development, all as applicable to the development of the Subject Property. Specifically, but without limiting the generality of the foregoing, Land Use Ordinances shall include the City's General Plan, the Development Plan, the City's Zoning Code and the City's Subdivision Code. The term Land Use Ordinances does not include Regulations relating to the following: the conduct of business, professions and occupations generally; taxes and assessments; the control and abatement of nuisances; encroachment and other permits and the conveyances of rights a nd interests that provide for the use of or entry upon public property; and any exercise of the power of eminent domain.
3.15 Persons. As used herein, any reference to or use of the word "person" shall mean, in addition to a natural person, any governme ntal entity and any partnership, corporation, joint venture or any other form of business entity.
3.16 Project. The Westridge Master Plan Area, including Tentative Subdivision Map S-2018-00938, Westridge Estates Unit 1 Subdivision, Tentative Subdivision Map S -4-04 Westridge Estates Unit 2 Subdivision, Tentative Subdivision Map S-19-03 Westridge Estates Unit 3 Subdivision, as shown on attached Exhibits “ D1,” “D2,” and “D3.” and associated amenities, and on-site and off-site improvements, contemplated by or embodied within the Westridge Master Plan to be constructed on the Subject Property, as the same may hereafter be further refined, enhanced or modified pursuant to the provisions of this Agreement.
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962))
3.17 Regulations. Constitutions, statutes, City ordinances, and codes, City resolutions and official policies of the City.
3.18 Subject Property. That real property described in Exhibit "B" attached hereto and made a part hereof.
3.19 Certain Other Terms. Certain other terms shall have the meanings set forth for such terms in this Agreement.
SECTION 4. GENERAL DEVELOPMENT OF THE PROPERTY.
4.01 Project. The Project is defined and described as shown on the Tentative Subdivision Maps for Westridge Estates 1, Westridge Estates 2 and Westridge Estates 3, and the Conditions of Approval associated with each Tentative Subdivision Map, which specify all of the following aspects of the Project: (i) proposed uses of the Subject Property, (ii) density and intensity of use of the property; (iii) lot sizes and layouts of the tentative subdivisions; (iv) street alignments and necessary public improvements; and (v) requirements for reservation or dedication of portions of the Subject Property for public purposes.
4.02 General Development. Any development of the Project on the Project Site shall be conducted in accordance with the terms and conditions of this Agreement.
4.03 Permitted Uses. The permitted uses of the Project Site, the density and intensity of use, lot sizes and layouts of the tentative subdivisions , street alignments and necessary improvements, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project Site shall be those set forth as shown on the Tentative Maps for Westridge Estates 1, Westridge Estates 2 and Westridge Estates 3 subject to the following:
(a) Conditions of Approval for each Tentative Subdivision Map, attached as Exhibits “E1,” “E2,” and “E3.”
(b) The City is bound with respect to the uses permitted by this Agreement, and as set forth in the Development Permits, insofar as this Agreement and the Westridge Estates 1, 2, and 3 Tentative Subdivision Maps so provide or as otherwise set forth in applicable laws, ordinances, rules or regulations.
4.04 Future Approvals. The City hereby agrees that land uses set forth in the Development Permits are approved pursuant to the terms of this Agreement, provided that Developers satisfactorily comply with all preliminary procedures, actions, payments and criteria applicable as of the effective date of this Agreement and generally required of developers by the City for processing applications for developments at such time. City agrees to grant and implement the necessary land use, zoning, site plan or subdivision approvals and to grant other approvals and permits, including the Ministerial Approvals, that will accomplish or facilitate development of the Project Site for the uses and to the density or intensity of development described and shown in the Development Permits and/or t his Agreement pursuant to those rules, regulation policies and conditions in force on the effective date of this Agreement.
4.05 Applicable Rules, Regulations and Official Policies. Except as otherwise provided in this Agreement or as required by state or federal law, the rules, regulations, official policies, and conditions of approval governing the permitted uses of the Project Site, the density or intensity of use, and the design, improvement, construction, building and occupancy standards Packet Pg. 21
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) and specifications applicable to the Project and the Project Site shall be those in force on the effective date this Agreement ("Existing Rules"). The City shall have the right to impose reasonable conditions in connection with such subsequent discretionary permit a ctions which are not deemed Ministerial Approvals, but such conditions and actions shall not prevent development of the Project as contemplated by this Agreement and the Development Permits.
4.06 Amendment to Applicable Ordinances. In the event the City Zoning Code is amended by the City in a manner which provides more favorable site development standards than those in effect as of the Effective Date, Developers shall have the right to notify City in writing of their desire to be subject to the new standards for the remaining term of this Agreement. If City agrees, by resolution of the City Council or by action of a City official whom the City Council may designate, such new standards shall become applicable to the Subject property. Should City thereafter amend such new standards, upon the effective date of such amendment, the original new standards shall have no further application to the Subject Property, but Developers may notify City and City may agree by resolution to apply such amended new standards to the Property.
4.07 Application of New Rules, Regulations and Policies. This Agreement shall not prevent City in subsequent actions applicable to the Subject Property from applying new rules, regulations and policies which do not conflict with those rules, regulations, and policies applicable to the Subject Property and set forth herein; nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
4.08 Approval of Subsequent Tentative and Final Maps. Although the Existing Land Use Ordinances shall determine the standards for granting or withholding approval of Tentative, Vesting Tentative and Final Tract Maps and Vesting Tentative and Tentative Final Parcel Maps, the procedures for processing approval of all such Maps shall be governed by such ordinances and regulations as may then be applicable.
4.09 Changes in State and Federal Rules and Regulations. Nothing in this Agreement shall preclude the application to the development of the Subject Property of changes in the City's laws, 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.
4.10 Processing and Impact Fees. This Agreement shall not be construed to limit the authority of the City to charge processing fees for land use approvals, building permits or other similar permits or entitlements which are in force and effect on a citywide basis at the time application is made for such permits or entitlements or to charge impact fees at the time of certificate of occupancies.
SECTION 5. PERIODIC REVIEW.
City shall conduct a review of this Agreement as set forth in the following subsections.
5.01 Annual Review. City shall review the extent of good faith compliance by Developers with the terms of this Agreement at least once every 12 -month period from the Effective Date of this Agreement.
5.02 Procedure. Such annual review shall be conducted in accordance with th e City's duly adopted Development Agreement Procedures, Redding Municipal Code Section 18.20.
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962))
5.03 Notice. City shall notify Developers in writing of the date of review at least thirty (30) days prior thereto.
5.04 Good-faith Compliance. During each annual review, Developers are required to demonstrate good faith compliance with the terms of this Agreement.
5.05 Production of Documents and Other Evidence. Developers agree to furnish such reasonable evidence and adequate documentation of good faith compliance as the City, in the exercise of its reasonable discretion, may require.
5.06 Cost of Annual Review. The costs incurred by City in connection with the annual review shall be borne by Developers.
SECTION 6. OBLIGATIONS OF AND CONTRIBUTIONS BY DEVELOPERS.
6.01 Contributions. In consideration of City entering into this Agreement, Developers have agreed to comply with the applicable provisions of the Westridge 1, 2, and 3 Tentative Subdivision Maps in developing the Project and to perform certain obligations and provide certain contributions set forth therein, which City acknowledges will have an overall benefit to the public and surrounding area, including but not limited to:
Recordation of the Final recordation of Westridge Estate 1 by October 17 , 2029.
Construction of Spicewood Drive to Placer Street, to standards approved by the City Engineer, prior to October 17 , 2029. Completion of the Everest Fire Access Road with Unit 105 in the Westridge Master Plan area versus with the first lot as conditioned. These items with timelines are shown in Exhibit “ C” as prepared by the City of Redding. Any Final Map recordation shall n ot include any bond/s to exceed $250,000.00.
6.02 Nexus/Reasonable Relationship Challenges. The Developers consent to, and waive any rights they may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs required by the Existing Land Use Regulations or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. In the event any other party may challenge the legal validity of such condit ions, requirements, policies or programs required by the Existing Land Use Regulations and/or this Agreement, Developers specifically waive any right they may have to modification of any terms of this Agreement based on the results of any such challenge by any other party.
6.03 Cooperation by Developers. Developers will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder, and cause Developers ’ planners, engineers, and all other consultants to submit in a timely manner all required materials and documents therefore.
6.04 Other Governmental Permits. Developers shall apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Subject Property as may be required for the development of, or provision of services to, the Project.
6.05 Reimbursement for City's Efforts on Behalf of Developers . To the extent that City, on behalf of Developers, attempts to enter into binding agreements with other entities in order to ensure the availability of certain permits and approvals or services necessary for development Packet Pg. 23
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) of the Project as described in this Agreement, Developers shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreement described herein shall be borne by Developers except where Developers have notified City in writing, prior to City entering into such agreement, that they do not desire for City to execute such agreement.
6.06 City's Efforts to Defend and/or Enforce Multi Agency Agreements. Developers shall defend City in any challenge by any person to any such agreement, and shall reimburse City for any costs and expenses incurred by City in enforcing any such agreement.
SECTION 7. OBLIGATIONS OF CITY.
In consideration of Developers entering into this Agreement, City have agreed to the following with respect to the development of the Project Site:
7.01 Processing. Upon satisfactory completion by Developers of all required preliminary actions and payments of appropriate processing fees, if any, City shall promptly commence and diligently proceed to complete all required steps necessary for the implementation of this Agreement and the development by Developers of the Project Site in accordance with the approved Westridge 1, 2, and 3 Tentative Subdivision Maps including, but not limited to, the following:
(a) the holding of all required public hearings; and
(b) the processing and approval of all Ministerial Approvals and related matters as necessary for the completion of the development of the Project. In this regard, Developers will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder as required by the Existing Rules and shall cause Developers’ planners, engineers and all other consultants to submit in a timely and complete manner, as determined by City, all required materials and documents therefore as required by the Existing Rules.
7.02 Standard of Review. The rules, regulations and policies that apply to any Ministerial Approvals which must be secured prior to the construction of any portion of the Project shall be the Existing Rules. Any Ministerial Approval, including without limitation a building permit, shall be approved by the City within a reasonable period of time after a complete application is made therefore.
SECTION 8. AMENDMENTS.
8.01 Amendment by Mutual Consent. This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with City's costs payable by amendment applicants, in accordance with the provisions of Government Code Section 65867 and 65868 and provided that: (i) any amendment to this Agreement which does not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, r estrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developers or any conditions or covenants relating to the use of the Subject Property, shall not require notice or public hearing before the parties may ex ecute an amendment hereto; and (ii) any other amendment of this Agreement shall follow the City's adopted procedures and requirements for the consideration of development agreements.
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962))
8.02 Amendment Exemptions. Any amendment of the City's land use regulations that, pursuant to this Agreement, is applicable to the property, including, but not limited to, an amendment to the General Plan and zoning ordinances, shall not require an amendment to this Agreement. Instead, any such amendment shall be deemed to be incorporated into this Agreement at the time that such amendment is approved.
8.03 Amendment of Development Permits. Upon the written request of Developers , the Westridge 1, 2, and 3 Tentative Subdivision Maps may from time to time be amended or modified in the manner set forth in this Agreement and applicable State and City laws. Said amendments will have no bearing on the agreed upon dates and milestones agreed to in the Development Agreement unless explicitly agreed to in said amendment.
SECTION 9. TRANSFERS AND ASSIGNMENTS.
9.01 City's Intent. Developers have demonstrated, and the City finds that Developers possesses, the experience, reputation and financial resources to develop and maintain the Subject Property in the manner contemplated by this Agreement. It is because of such qualifications, which ensure the development of the Subject Property to a high-quality standard contemplated by the General Plan that the City is entering into this Agreement. Accordingly, restrictions on the right of Developers to assign or transfer the rights and privileges contained in this Agreement are necessary in order to ensure the achievement of the objectives of the City's General Plan and this Agreement.
9.02 Developers’ Right to Assign or Transfer. Developers may assign or transfer any of their rights or interests under this Agreement subject to written consent of City.
9.03 Restriction on Assignment Does Not Constitute an Unreasonable Restraint on Alienation. Developers agree that the restriction on their right to transfer any of their rights or interests under this Agreement is not repugnant or unreasonable in that such a restriction is a material inducement to the City to enter into this Agreement since the restriction reserves for the City the power to prevent the transfer of any of the rights and obligations hereunder to an unreliable developer.
9.04 Restriction on Assignment Shall Not Prevent Developers From Conveying the Subject Property. The parties agree that the restriction on assignment without consent is limited solely to those certain vested rights created under this Agreement and such restriction shall not affect Developers’ right to convey the Subject Property itself. In such event, this Development Agreement will become null and void unless the City agrees, in writing, to the assignment.
9.05 Request Procedure. City shall administer the provisions of this Section through its Development Services Department Director. Developers shall notify the Director and the City Manager in writing of their request for City's consent to an assignment or transfer under this Section, together with a statement that if the Director does not notify Developers within forty-five (45) days of receipt of the request, the request will be deemed approved unless the Director notifies the Developers of a need for an extension of time to complete due diligence on the party to receive the assignment. Extensions shall be no more than forty-five (45) days and there shall be a limit of three (3) total extensions allowed.
9.06 45-Day Period. If within such 45- day period the Director does not so notify Developers, the request for consent shall automatically be deemed approved and no further action by Developers or the City shall be necessary. If within such 45- day period the Director notifies Developers that the request will be considered and acted upon by City, Developers shall furnish Packet Pg. 25
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) such additional information as the Director may reasonably request at the time of such notice, and City shall proceed to consider and act upon the Developers ’ request for City's consent to the proposed assignment or transfer. Failure by the City to act within thirty (30) days of giving such notice or of receiving the additional requested information shall automatically be deemed an approval of the request.
9.07 City Council Approval. In the event the Director determines that the assignment or transfer should be acted upon by the City Council, and the Director so notifies Developers within fifteen (15) days of giving the notice or receiving the information described herein, the matter shall be referred to the City Council. The City Council shall have forty-five (45) days from the date of such notice to approve or deny the requested transfer or assignment. Failure of City to act within the forty-five (45) day period shall automatically be deemed an approval of the request.
9.08 Assignment. The management control and responsibility of Developers and the expertise, competence, and financial strength of Developers are integral components of the consideration for City entering into this Agreement. In order to preserve such consideration for City and for City to receive full value, the parties heret o agree that the occurrence of any of the following events constitute, for purposes of this provision, an assignment:
(a) A change in the composition of ownership interests in and control of either Developer, the result of which diminishes Developers’ ownership interest to less than twenty percent (20%).
(b) A change in the composition of ownership interests in and control of the Subject Property such that Developers ’ equity in any part of the Subject Property is reduced to less than fifty-one percent (51%).
9.09 Notice of Proposed Assignment. Developers must provide City with adequate evidence that the proposed assignee, buyer or transferee is qualified using the standards and conditions described in this Section, and ability to comply with these standards and conditions will be the test of reasonableness.
9.10 Conditions and Standards. The conditions and standards referred to above are as follows:
(a) Such assignee or transferee possesses the experience, reputation and financial resources to ca use the Subject Property to be developed and maintained in the manner contemplated by the City's General Plan and this Agreement;
(b) Such assignee or transferee enters into a written assumption agreement, in form and content satisfactory to the City Attorney, expressly assuming and agreeing to be bound by the provisions of this Agreement;
(c) Such assignment or transfer will not impair the ability of City to achieve the objectives of its general Plan and this Agreement;
(d) Good cause exists for Dev elopers to make such assignment or transfer. For purposes of this subsection, good cause shall include but is not limited to such causes as business reorganizations, financing arrangements for the development of the Subject Property, and exigent circumstances creating the need to generate capital to offset material business losses.
9.11 Financing Exemption. Mortgages, deeds of trust, sales and lease -backs, or other forms of conveyance required for any reasonable method of financing requiring a security Packet Pg. 26
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) arrangement with respect to the Subject Property are permitted without the consent of the City, provided the City receives prior notice of such financing (including the name and address of the lender and the person or entities acquiring any such secured interest) and Developers retain the legal and equitable interest in the Subject Property and remains fully responsible hereunder. The words "mortgage" and "deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development.
9.12 Notice of Assignment. Upon receiving approval of an assignment, Developers shall provide City with written notice of such assignment and as part of such notice the assignee must execute and deliver to City an assumption agreement in which the name and address of the assignee is set forth and the assignee expressly and unconditionally assumes the obligations of all the provisions set forth in the Agreement.
9.13 Unapproved Assignments. If City reasonably ma kes the determination not to consent to the assignment or transfer of the rights and privileges contained in this Agreement, and Developers convey the Subject Property to a third party, in whole or in part, Developers shall remain liable and responsible for all of the duties and obligations of this Agreement.
9.14 Notice of Sale of Subject Property. Developers shall give written notice to the city, within ten (10) days after close of escrow, of any sale or transfer of any portion of the Subject Property, specifying the name or names of the purchaser, the purchaser's mailing address, the amount and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given. Such sale or transfer, if not done in accordance with this section, shall render this Development Agreement null and void.
SECTION 10. DELAYS IN PERFORMANCE.
10.01 Permitted Delays. In addition to any other provisions of this Agreement with respect to delay, Developers and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, or restrictions imposed or mandated by governmental or quasi -governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder.
10.02 Third Party Actions. Any court action or proceeding brought by any third party to challenge this Agreement, or any other permit or approval required from City or any other governmental entity for development or construction of all or any portion of the Project, whether or not Developers are a party to or real party in interest in such action or proceeding, shall constitute a Permitted Delay under this Section.
10.03 Notice of Permitted Delays. If written notice of such delay is given to either party within (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.
SECTION 11. DEFAULT.
11.01 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of the Section regarding Permitted Delays, the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of Packet Pg. 27
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) thirty (30) days after the dispatch of a written notice of default from the other party shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such 30- day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period.
11.02 Notice of Default. Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.
11.03 Cure Period. During the time periods herein specified for cure of an Event of Default, the part y charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or issuance of any building permit with respect to the Project.
11.04 General Default Remed ies. After notice and expiration of the 30- day period without cure, the non-defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement pursuant to Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief.
11.05 Remedies Cumulative. Any rights or remedies available to non- defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement shall be distinct, separate and cumulative rights and remedies available to such non- defaulting party and none of such rights or remedies, whether or not exercised by the non-defaulting party, shall be deemed to exclude any other rights or remedies available to the non-defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in su ccession, at such time or times as the non-defaulting party considers appropriate.
11.06 Legal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or ag reement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto.
11.07 No Damages Relief Against City. The parties acknowledge that City would not have entered into this Agreement had it been exposed to damage claims from Developers for any breach thereof. As such, the parties agree that in no event shall Developers be entitled to recover damages against City for breach of this Agreement.
11.08 Developers Default. No building permit shall be issued or building permit application accepted for any structure on the Subject Property after Developers are determined by City, to be in default of the terms and conditions of this Agreement, and until such default thereafter is cured by the Developers or is waived by City.
11.09 Waiver. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to such Event of Default. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future.
11.10 Scope of Waiver. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time specified in such express waiver.
Packet Pg. 28
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962))
11.11 Attorneys' Fees. Should legal action be brought by the City for breach of this Agreement or to enforce any provision herein, the City if it is 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. Reasonable attorneys' fees of the City Attorney's Office shall be based on comparable fees or private attorneys practicing in Shasta County.
11.12 Venue. In the event that suit shall be brought by either party to this contract, the parties agree that venue shall be exclusively vested in the State courts of the County of Shasta or where appropriate, in the United States District Court, Eastern District of California, Sacramento, California.
SECTION 12. TERMINATION.
12.01 Effect of Termination. Upon termination of this Agreement, the rights, duties and obligations of the parties hereunder shall, subject to the following provisions, cease as of the date of such termination.
12.02 Termination by City. If City terminates this Agreement because of Developers’ default, then City shall retain any and all benefits, including money or land received by City hereunder.
SECTION 13. RELATIONSHIP OF PARTIES.
13.01 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project Site is a separately undertaken private development.
13.02 Independent Contractors. The parties agree that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder.
13.03 No Joint Venture or Partnership. City and Developers hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developers joint venturers or partners.
13.04 No Third-Party Beneficiaries. The only parties to this Agreement are Developers and City. There are no third-party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.
13.05 Ambiguities or Uncertainties. The parties hereto have mutually negotiated the terms and conditions of this Development Agreement and this has resulted in a product of the joint drafting efforts of both parties. Neither party is solely or independently responsible for the preparation or form of this agreement. Therefore, any ambiguities or uncertainties are n ot to be construed against or in favor of either party.
SECTION 14. APPLICABLE LAW.
This Agreement shall be construed and enforced in accordance with the laws of the State of California.
Packet Pg. 29
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) SECTION 15. SUPERSEDURE OF SUBSEQUENT LAWS OF JUDICIAL ACTION.
The provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with any new law or decision issued by a court of competent jurisdiction, enacted or made after the effective date which prevents or precludes compliance with one or more provisions of this Agreement. Immediately after enactment of any such new law, or issuance of such decision, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement.
SECTION 16. COOPERATION IN THE EVENT OF LEGAL CHALLENGE.
In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or the Potential Subsequent Development Approvals, should any be obtained, the parties hereby agree to cooperate in defending said action or proceeding.
SECTION 17. HOLD HARMLESS AGREEMENT.
Developers hereby agree to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs an d liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developers ’ or Developers’ contractors', subcontractors', agents or employees' operations under this Agreement, whether such negligent operations be by Dev elopers or by any of Developers’ contractors, subcontractors, agents or employees.
SECTION 18. INDEMNIFICATION.
Developers shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following:
(i) this Agreement; (ii) the environmental impact report prepared in connection with the adoption of the Project; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the above.
SECTION 19. NOTICES.
Any notice or communication required hereunder between City or Developers shall be in writing, and may be given either personally or by registered mail, return-receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
Packet Pg. 30
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) To City:
City Manager
City of Redding
777 Cypress Avenue
Redding, California 96001
To Developers:
Developers
SECTION 20. EXHIBITS.
20.01 Designation of Exhibits. The reference to a specified Exhibit in this Agreement is a reference to a certain one of the exhibits listed below, as determined by the accompanying letter designation.
Exhibit Designation Description
Exhibit A Location Map
Exhibit B Property Legal Descriptions
Exhibit C Milestone Phasing Plan
Exhibit D1 Westridge Estates 1 Tentative Subdivision Map Exhibit D2 Westridge Estates 2 Tentative Subdivision Map Exhibit D3 Westridge Estates 3 Tentative Subdivision Map Exhibit E1 Westridge Estates 1 Tentative Subdivision Map Conditions of Approval
Exhibit E2 Westridge Estates 2 Tentative Subdivision Map Conditions of Approval
Exhibit E3 Westridge Estates 3 Tentative Subdivision Map Conditions of Approval
20.02 Incorporation by Reference. All exhibits are deemed incorporated by reference into this Agreement.
SECTION 21. SEVERABILITY.
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
SECTION 22. RECORDATION.
In order to comply with Section 65868.5 of the Development Agreement Statute and Section of the City Enacting Ordinance, the parties do hereby direct the City Manager to cause a copy of this Agreement to be recorded with the County Recorder of the County, within ten (10) days after passage by the City of the ordinance approving this Agreement.
SECTION 23. ENTIRE AGREEMENT.
Packet Pg. 31
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) This Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto.
SECTION 24. COUNTERPARTS.
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall const itute one and the same instrument.
Executed at Redding, California on
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the dates written above.
DEVELOPER * see notes below
By By
Tenessa Audette, Mayor [Name of Officer, Title]
By
[Name of Officer, Title]
CONTENT APPROVED:
CITY OF REDDING DEVELOPER
By By
Tenessa Audette, Mayor [Name of Officer, Title]
By
[Name of Officer, Title]
FORM APPROVED: ATTEST:
Christian Curtis, City Attorney Sharlene Tipton, City Clerk
* Notes: If the Developer is a Corporation, then this document must be executed by the Corporation's Chief Executive Officer, President or Vice- President, on the one hand, and the Corporations' Chief Financial Officer, Treasurer, Assistant Treasurer or Secretary on the other hand. Developer's signature must be notarized.
Packet Pg. 32
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Placer Rd
Buenaventura Blvd
Teton Dr
Sunglow Dr
Powe
r Line Rd
Record Ln
Cumberland Dr
Boston Ave
Wasatch D
r
Tra lee Ln
Ma
ry
Lak
e Dr
Wick low St
O
co
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Dre
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Villa
Dr
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Sisk iyou S t
Moyvane D r
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an
de
r Dr
Misty Gle
n Dr
Ever
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Ct
Dartmouth D
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Andes Dr
Winter Gr een Ct
Rain ier D r
Rush more Dr
Rut gers PlNa
nt
uc
ke
t Dr
Campo Calle
Thompson Ln
MTG. DATE:
ITEM:
ATTACHMENT:
LOCATION MAPGIS DIVISION
INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED:
-
P:\Housing\ProProjects\9489_Placer Street_Loc
AUGUST 13, 2024
GREENVIEW DEVELOPMENT/GUITON
AGREE-2024-00962
0 500 1,000
US Feet
9489 Placer Rd
203-160-019
16989 Campo Calle St
203-170-002
3000 Dartmouth Dr
204-430-011
2286 Adirondack Dr
204-430-014
950 Canyon Creek Rd
203-190-022
16991 Campo Calle St
203-170-001
EXHIBIT A
Packet Pg. 33
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962))
EXHIBIT B
PROPERTY LEGAL DESCRIPTIONS
WR I
APN: 203-160-019
PARCEL 1 SHOWN ON PARCEL MAP NO. 98-01 FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 10, 2000 IN BOOK 33 OF PARCEL MAPS AT PAGE 72, SHASTA COUNTY RECORDS.
EXCEPTING THEREFROM THOSE PORTIONS LYING WITHI N PARCELS 1 AND 2 SHOWN ON PARCEL MAP NO. PM -18-001 FILED IN THE OFFICE OF TH E COUNTY RECORDER MAY 9, 2023 IN BOOK 40 OF PARCE L MAPS PAGE 3, SHASTA COUNTY
RECORDS
WR II
APN: 203-170-001 & 203-170-002
ALL THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SECTION 9, TOWNSHIP 31 NORTH, RANGE S WEST, M.D.B. & M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9; THENCE ALONG THE EAST LINNE OF SAID SECTION.9, SOUTHERLY, 660.00 FEET; THENCE PARALLEL WITH THE NORTH LINNE OF SAID SECTION 9, WESTERLY 132.00 FEET TO THE POINT OF BEGINNING OF THIS PARCEL; THENCE PARALLEL WITH SAID EAST LI NE, SOUTHERLY 330.00 FEET; THENCE PARALLEL WITH SAID NORTH LINE, WESTERLY, 132.00 FEET; THENCE PARALLEL WITH SAID EAST LINE, NORTHERLY, 330.00 FEET; THENCE PARALLEL WITH SAID NORTH LINE, EASTERLY, 132.00 FEET TO THE POINT OF BEGINNING.
WR III
APN: 203-190-022
THE NORTHWEST ONE-QUARTER OF SECTION 10, TOWNSHIP 31 NORTH, RANGE 5 WEST, M.D.B. & M.
APN: 204-430-011
THAT CERTAIN PARCEL OF LAND SHOWN AS "DESIGNATED REMAINDER" ON THE MAP OF RIDGEVIEW SUBDIVISION, UNIT NO. 6, S-19-87, AS SHOWN AND
DESIGNATED UPON THAT CERTAIN MAP FILED IN THE OFFICE OF THE COUNTY RECORDER ON SEPTEMBER 6, 1990 IN BOOK 20 OF MAPS AT PAGE 3, SHASTA COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500 Packet Pg. 34
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962))
FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURF ACE OF SAID
LAND, WITHOUT THE RIGHT TO ENTER UPON, INTO OR THROUGH THE SURFACE OF SAID LAND OR ANY PART THEREOF LYING BETWEEN SAID SURF ACE AND 500
FEET BELOW SAID SURF ACE, AS EXCEPTED AND PROVIDED IN THE DEED FROM
SOUTHERN PACIFIC DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION,
TO DEMPSEY CONSTRUCTION CORPORATION, A CALIFORNIA CORPORATION, DATED NOVEMBER 15, 1977 AND RECORDED JANUARY 6, 1978 IN BOOK 1486, PAGE 497, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL THAT PORTION DESCRIBED IN THE DEED TO ROBERT G. MEDLEY, ET UX., ET AL., AND RECORDED ON AUGUST 24, 1990 IN BOOK 2633 OF OFFICIAL RECORDS AT PAGE 835, SHASTA COUNTY RECORDS.
APN: 204-430-014
SHOWN AND DESIGNATED AS "DEDICATED OPEN SPACE - 14.49 AC" ON THAT CERTAIN MAP OF RIDGEVIEW SUBDIVISION, UNIT NO. 6 FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 22, 1991 IN BOOK 20 OF MAPS AT PAGE 40 RECORDS OF SHASTA COUNTY. Packet Pg. 35
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) EXHIBIT “C”
MIL
ESTONE PHASING PLAN
Westridge Master Plan
Task
#
Milestone Task (Complete task for
Extension)
Grant
Extension
Expiration Date
1 Execution of Development Agreement 5 years September 29, 2029 2 (1) Final Map Recordation of WR I
(2) Completion of Spicewood Drive
5 years September 29, 2034
Packet Pg. 36
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) EXHIBIT “D1”
WESTRIDGE ESTATES 1
TENTATIVE SUBDIVISION MAP
Packet Pg. 37
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) EXHIBIT “D1”
WESTRIDGE ESTATES 1
TENTATIVE SUBDIVISION MAP
Packet Pg. 38
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) EXHIBIT “D2”
WESTRIDGE ESTATES 2
TENTATIVE SUBDIVISION MAP
Packet Pg. 39
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) NO,
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Packet Pg. 42
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) EXHIBIT E1
Packet Pg. 43
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 44
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 45
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 46
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 47
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 48
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 49
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 50
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 51
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 52
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 54
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 55
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 56
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 57
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 58
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 59
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 60
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 61
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 62
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 63
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 64
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 65
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 66
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 67
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 68
Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) Packet Pg. 69
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) EXHIBIT E2
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Attachment: Draft Development Agreement with Exhibits (2A--Development Agreement Application (AGREE-2024-00962)) EXHIBIT E3
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