Res P-99-22RESOLUTION NO. P- 99-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. P-97-12
APPROVING CONDITIONAL USE PERMIT 96-05
AND DEVELOPMENT REVIEW 96-02
ASSESSOR'S PARCEL NUMBER:
323-090-74 (FORMERLY A PORTION OF 323-090-73)
WHEREAS, on March 18, 1997 the City of Poway City Council held a public headng
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 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-97-12 approving Conditional
Use Permit (CUP 96-05) and Development Review (DR 96-02) for the project; and
WHEREAS, the approved Conditional Use Permit (CUP 96-05) and Development
Review (DR 96-02) application approvals applied to APN: 323-090-74, formedy a portion
of APN: 323-090-73 consisting of 43.4 acres (proposed waterpark site) located in the
South Poway Business Park south of the intersection of Scripps Poway Parkway and
Stowe Drive and north of Kirkham Way. The CUP was required to establish the conditions
under which the proposed waterpark could operate, and the DR was required for site plan,
architectural, signage, landscaping, and grading plan review and approval; 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 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 V
Facility "land use planning overlay" from the subject parcels as identified above; and
WHEREAS, the City Council at its reg ' ,;I of March 23, 1999 also adopted
a resolution rescinding Resolution No. P-97-11 approving Tentative Tract Map 96-01 for
the project; and
WHEREAS, with th :said Resolution No. 97-023 and said Resolution
No. P-97-11 coupled with the execution of said Settlement Agreement it is now appropriate
that the City Council also rescind Resolution No. P-97-12 approving Conditional Use
Permit (CUP 96-05) and Development Review (DR 96-02) for the project; and
WHEREAS, the City Council finds that its proposed action to rescind Resolution No.
P-97-12 would not "project" as defined in the Califomia E ~al 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 (3 I Code to consider its proposed action to rescind Resolution No. P-
97-12.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway,
by this resolution, hereby rescinds Resolution No. P-97-12 approving Conditional Use
Permit (CUP 96-05) and Development Review (DR 96-02) as discussed in the above
recitals; provided, however, that this Resolution shall be of no force or effect until and
unless the reimb 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 Cit'
California, this 23rd day of March, 1999.
ATTEST:
Lor~i ~n: Pe~ople~,
City of Poway
Michael P. Cafagt
of Poway, State of
Resolution No. P - 9 9 - 2 z
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. ~2was 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: NO N E
ABSENT: NONE
n:\planning\report\w&w2cupd.res
Lori ,~,nne Peoples, City (.; erk
City of Poway