Res 99-021RESOLUTION NO. 99-021
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. 97-023
APPROVING AN AMENDMENT TO THE
SOUTH POWAY SPECIFIC PLAN,
SPECIFIC PLAN AMENDMENT (SPA 84-01DD)
WHEREAS, on March 18, 1997 the City of Poway City Council held a public hearing
to consider the development applications filed by the project applicant, Wet'n Wild, Inc.,
for the proposed Wet'n Wild Waterpark Project ("project"); and
WHEREAS, the development applications for the project considered by the City
Council on March 18, 1997 included the Final Subsequent Environmental Impact Report
(Final SEIR, State Clearinghouse No. 96071095), South Poway Specific Plan Amendment
(SPA 84-01DD), Tentative Tract Map (TTM 96-01 ), Conditional Use Permit (CUP 96-05),
and Development Review (DR 96-02); and
WHEREAS, on March 18, 1997 the City Council adopted Resolution No. 97-022
certifying the Final SEIR and also adopted Resolution No. 97-023 approving South Poway
Specific Plan Amendment (SPA 84-01DD) for the project; and
WHEREAS, the approved Specific Plan Amendment created a new specific plan
land use designation of '~Vater Park Facility (WPF)" which established a "land use planning
overlay" on the original industrial and commercial designations. The WPF planning overlay
was applied to: 1) APN: 323-090-74, formerly a portion of APN: 323-090-73 consisting of
43.4 acres (proposed waterpark site) located south of the intersection of Scripps Poway
Parkway and north of Kirkham Way, and 2)a portion of APN: 323-090-70 consisting of 8.6
acres (future waterpark expansion area) located immediately east of the proposed
waterpark site and between the Parkway and Kirkham Way; and
WHEREAS, the approved Specific Plan Amendment also established a new
Chapter 6 in the South Poway Specific Plan document and other related amendments to
the specific plan necessary to allow the new WPF land use by Conditional Use Permit. The
text of said new Chapter 6 states: "In the event the WPF land use is not implemented, the
project site could develop pursuant to the existinq underlying Light Industrial (LI), Industrial
Park (IP), and South Poway Commercial (SPC) land use designations as authorized under
the City-approved Tentative Tract Map 89-08/Tech Business Center of the South Poway
Business Park, and in conformance with the current adopted South Poway Specific Plan."
Resolution No. 99- 023.
Page 2
WHEREAS, on April 15, 1997 following a duly noticed public hearing the City
Council adopted Resolution No. 97-027 and the Redevelopment Agency adopted
Resolution No. R-97-06 approving the Owner Participation Agreement for the project, and
on April 29, 1997 following a duly noticed public hearing the City Council adopted
Ordinance No. 471 approving the Development Agreement for the project; and
WHEREAS, the applicant decided not to develop the project. The City Council and
the Redevelopment Agency insisted the applicant honor the agreements that had been
negotiated and filed a Notice of Default on June 4, 1998 under the Owner Participation
Agreement. A Settlement Agreement has been reached with the applicant regarding the
disposition of the project site in order to allow for the industrial and commercial land uses
originally anticipated for the project site pursuant to the adopted South Poway Specific
Plan; and
WHEREAS, with the execution of said Settlement Agreement it is now appropriate
that the City Council rescind Resolution No. 97-023 approving South Poway Specific Plan
Amendment (SPA 84-01DD)for the project, and that such rescission will remove the Water
Park Facility "land use planning overlay" from the subject parcels as identified above; and
WHEREAS, the City Council finds that its proposed action to rescind Resolution No.
97-023 would not constitute a "project" as defined in the California Environmental Quality
Act (CEQA), and therefore such proposed action is not subject to the requirements of
CEQA.
WHEREAS, on March 23, 1999 the City Council and Redevelopment Agency of the
City of Poway held a duly noticed public hearing pursuant to the requirements of the
California Government Code to consider its proposed action to rescind Resolution No. 97-
023.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway,
by this resolution, hereby rescinds Resolution No. 97-023 approving South Poway Specific
Plan Amendment (SPA 84-01DD) as discussed in the above recitals; provided, however,
that this Resolution shall be of no force or effect until and unless the reimbursements
described in Paragraph 6b. and the collateral described in Paragraph 6c. of the Settlement
Agreement between Poway Partners, L.L.C. and the City of Poway and the Poway
Redevelopment Agency have been paid in full and deposited in escrow in a form
acceptable to the City, respectively.
Resolution No. 99- O 21
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of March, 1999.
ATTEST:
Lori/Anne Peoples, City Cl~rk
City of Poway
Michael P. Cafagr
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. 9_9_-_02..], was duly adopted by the City
Council at a meeting of said City Council held on the 23rd day of March, 1999, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN:
NONE
ABSENT:
NONE
Peoples, city Cl~r~ - -
City of Poway
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