HomeMy WebLinkAboutReso 1997-18592 RESOLUTION NO. 18592
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE MODIFICATION OF CERTAIN CITY
PERMIT AND DEVELOPMENT IMPACT FEES FOR THE WHITE
WATER CANYON WATER THEME PARK
WHEREAS, the property which is the subject matter of this resolution is commonly
known as the southerly half of Phase II of the Otay Rio Business Park comprised of
approximately 32.4 gross acres of land located at the southwest quadrant of Heritage Road
and Otay Rio Road ("Project Site"); and
WHEREAS, with respect to the Project Site, the City Council has adopted Mitigated
Negative Declaration IS-96-21 and approved a Conditional Land Use Permit for the
development and operation of a water theme park ("Project") proposed by Hice Enterprises,
Inc. ("Developer"); and
WHEREAS, the City Council approved an Agreement Regarding Development and
Operation of Whitewater Water Park between the City of Chula Vista and Hice Enterprises,
Inc. on July 23, 1996 ("Agreement") which provided that, in consideration of assistance from
the City including the construction of roadway improvements, facilitation in the reduction of
certain third party and certain City impact fees including the Traffic Signal and Development
Impact Fees as well as in consideration of an adjustment in City fees in consideration of the
unique nature of the project, the Developer agreed to provide the City with a percentage of
revenues from operation of the water park; and
WHEREAS, the Chula Vista Municipal Code (CVMC) provides a basis for City fee
abatement or modification pursuant to Sections 3.45.010, 3.50.160, and 15.51.010, et seq;
and
WHEREAS, City staff has analyzed the Developer's proposal and has determined that,
in consideration of the seasonal nature of operation of the water park and consequential
limited use of City facilities, public and quasi-public benefits of the Project and revenues
accruing to the City from the Project, certain fee modifications are recommended to the City
Council for approval; and
WHEREAS, a public hearing was properly noticed and held on the proposed fee
modification and the City Council considered all testimony presented at such hearing; and
WHEREAS, the City Council found and determined that the modification of certain City
fees and that imposing the standard City Development Impact Fees on the Project would be
unreasonable and overly burdensome because of (a) the overall nature of the Project which
does not fit squarely into any of the City's fee categories; (b) the less than full fee rate
impacts on City facilities that the Project will generate in light of the number of days per year
of operation and the number of employees working at the Project; and (c) the public and
quasi-public uses associated with the Project including the provision of unique recreational
opportunities to the citizens of Chula Vista and the City's right to use the facility to train
public safety personnel; and'
Resolution 18592
Page 2
WHEREAS, the City Council further found and determined that such circumstances
outweigh the need of the City for the full fee revenue and the uniform way of collecting fees.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby find, order and determine as follows:
1. The above findings and determinations are true and correct.
2. In accordance with Sections 3.45.010 and 3.50.160 of the CVMC and City staff's
application thereof, the City Public Facilities Development Impact Fee for the Project shall be
$160,396.
3. In accordance with Section 3.45.010 and Chapter 15.51 of the CVMC and staff's
application thereof, the City Traffic Signal Fee for the Project shall be 911,670.
4. These amounts shall be subject to upward adjustment by the City in the event that
the water park operations exceed the thresholds which formed the basis for this
modification.
Presented by Approved as to form by
Chris Salomone John NI'. Kaheny
Director of Community Development City Attorney ,,
Resolution 18592
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of February, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilia, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
~:'hrley Horton, Mayor
ATTEST:
· Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18592 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of February,
1997·
Executed this 25th day of February, 1997.
~Authelet, City Clerk
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