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Proposed Ordinance - OWP DA Termination

City Council and Concurrent Authorities
January 11, 2022

Document
Proposed Ordinance - OWP DA Termination
Meeting
January 11, 2022
Body
City Council and Concurrent Authorities
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

ORDINANCE NO.

AN ORDINANCE APPROVING TERMINATION OF A DEVELOPMENT AGREEMENT

BETWEEN THE CITY AND OPEN WINDOW PROJECT LLC, FOR THE OPEN

WINDOW PROJECT

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION 1. BACKGROUND AND INTENT

On February 23, 2016, the City Council approved the Open Window project, which proposed mixed-use development for revitalization and redevelopment of 11.88 acres and is comprised of 51 properties within an approximately 15 square block area of Downtown Stockton. As of 2021, only 34- units have been constructed within the Project boundary; and

On October 18, 2021, the Applicant, Zac Cort with Open Window, LLC., requested that the City of Stockton revoke an existing Master Development Plan and Terminate the Development Agreement (DA) for Open Window Project. The Applicant has verbally stated there is no benefit to either the DA or MDP for attracting development of the Project site. After consideration of the request, staff agrees that there is little benefit in the agreement and MDP beyond what is already required per local standards voted 6-0 (Commissioner Garcia Absent), recommending the City Council mutually terminate the Open Window Project DA and MDP; and

On January 11, 2022, the City Council conducted a public hearing on the application, in compliance with SMC Section 16.108.030 (A) (3), at which point all persons wishing to be heard were provided such opportunity; now, therefore,

SECTION II. DEVELOPMENT AGREEMENT

The City Council hereby approves the termination of the Development A greement requested by Open Window Project LLC (as described in Exhibit 1), based on the above .

Pursuant to Stockton Municipal Code Section 16. 128.120 (C) and Government Code section 65868, the City Council of the City of Stockton conducted a public hearing on January 11, 2022, and hereby terminates this Development Agreement, a copy of whichis attached hereto as Exhibit 1, and incorporated by reference.

SECTION III. SEVERABILITY

If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of The City of Stockton

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