Res P-99-21RESOLUTION NO. P-99-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. P-97-11
APPROVING TENTATIVE TRACT MAP 96-01
ASSESSOR'S PARCEL NUMBERS:
323-090-74 (FORMERLY A PORTION OF 323-090-73),
PORTION OF 323-090-70, AND 325-010-09
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 E Iai 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. P-97-11 approving Tentative
Tract Map (TTM 96-01) for the project; and
WHEREAS, the approved TTM 96-01 provided for the subdivision of approximately
102 undeveloped acres located south of th ~ Scripps Poway Parkway and
Stowe Drive in the South Poway Business Park into nine lots for purposes of ownership
and use. The approved TTM 96-01 covered APN: 323-090-74, formedy a portion of APN:
323-090-73 (43.4 acres - proposed waterpark site), a portion of APN: 323-090-70 (8.6
acres - proposed waterpark future expansion area), and APN: 325-010-09 (42 acres -
proposed industrial lots and a Natural Open Space lot); 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
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 land uses
originally anticipated for the project site pursuant to the adopted South Poway Specific
Plan; and
__ Resolution No. P.- 99 - 2 !
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 removed the Water Park
Facility "land use planning overlay" from the subject parcels as identified above; and
WHEREAS, with the of said Resolution No. 97-023 coupled with the
execution of said Settlement Agreement it is now appropriate that the City Council also
rescind Resolution No. P-97-11 approving Tentative Tract Map (TTM 96-01 ) for the project;
and
WHEREAS, the City Council finds that its proposed action to rescind Resolution No.
P-97-11 would not constitute a "project" as defined in the California E Iai Quality
Act (CEQA), and therefore such proposed action is not subject to the requirements of
CEQA.
WHEREAS, on Mamh 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 G : Code to consider its proposed action to rescind Resolution No. P-
97-11.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway,
by this resolution, hereby rescinds Resolution No. P-97-11 approving Tentative Tract Map
(TTM 96-01) 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.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of March, 1999.
ATTEST:
Peoples, City Clerk
City of Poway
Mich~ayor
_ Resolution No. P.- 99-21
Page 3
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. p - 99 - 2.~as 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: ENERY,
NOES: NONE
ABSTAIN: NON E
ABSENT: NONE
n:\planning\report\w&w2ttm.res
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
Lori~Anne Peoples, C
City of Poway