Res 99-022RESOLUTION NO. 99-022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
RESCINDING RESOLUTION NO. 97-027
APPROVING EXPENDITURES FOR PUBLIC IMPROVEMENTS
PURSUANT TO AN OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY
AND POWAY PARTNERS, L.L.C. AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
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, adopted Resolution No. 97-023 approving South Poway Specific
Plan Amendment (SPA 84-01DD), adopted Resolution No. P-97-11 approving Tentative
Tract Map (TTM 96-01), and adopted Resolution No. P-97-12 approving Conditional Use
Permit (CUP 96-05) and Development Review (DR 96-02) for the project; and
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
said resolutions are incorporated herein by reference, 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 said ordinance is incorporated herein by
reference; 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
Resolution No. 99-022
Page 2
WHEREAS, the City Council at its regular meeting of March 23, 1999 adopted a
resolution rescinding Resolution No. 97-023 approving South Poway Specific Plan
Amendment (SPA 84-01DD) for the project, and such rescission removed the Water Park
Facility "land use planning overlay" from the affected parcels including: 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 City Council at its regular meeting of March 23, 1999 also adopted
a resolution rescinding Resolution No. P-97-11 approving Tentative Tract Map (TTM 96-01 )
for the project, and adopted a resolution rescinding Resolution No. P-97-12 approving
Conditional Use Permit (CUP 96-05) and Development Review (DR 96-02) for the project;
and
WHEREAS, with the rescission of said Resolution No. 97-023, said Resolution No.
P-97-11, and said Resolution No. P-97-12 coupled with the execution of said Settlement
Agreement it is now appropriate that the City Council also rescind Resolution No. 97-027
approving the Owner Participation Agreement for the project; and
WHEREAS, the City Council finds that its proposed action to rescind Resolution No.
97-027 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-
027.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway,
by this resolution, hereby rescinds Resolution No. 97-027 approving the Owner
Participation Agreement for the project 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. 9 9 - 0 2 2
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of March, 1999.
Michael P. Cafagm
~yor
ATTEST:
Lor'"-~r/~nne Peoples, Cit~ (~le~k
City of Poway
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. ~ 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:
n:\planning\report\w&w2opac, res
~--~rl Ar~ne Peoples, City Cl~rk-
City of Poway