HomeMy WebLinkAboutReso 1996-18382 RESOLUTION NO. 18382
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT WITH HICE ENTERPRISES,
INC. FOR THE DEVELOPMENT AND OPERATION OF A WATER
PARK
WHEREAS, on May 6, 1996 Developer entered into an option agreement with Otay Rio
Business Park for the purchase of certain real property commonly known as Otay Rio Business
Park Phase II, comprised of approximately 60 usable acres, located west of Castle Pines
Avenue in the City of Chula Vista, County of San Diego, State of California, ("Property"); and
WHEREAS, on or about May 6, 1996 Developer submitted to the City an application
requesting design review/precise plan approval, and a conditional use permit for its proposed
development and operation of a recreational water park ("Project") on a portion of the
Property. The Project is more particularly described in the narrative and conceptual plans and
specifications; and
WHEREAS, the portion of the Property upon which the Project is proposed to be
developed ("Project Site") is comprised of approximately 32.4 unimproved acres and
Developer is currently processing with the City a Preliminary Parcel Map for the Project which,
among other things, upon its approval will accomplish the legal parcelization of the Project
Site; and
WHEREAS, in order to facilitate the development of the Project and to reduce the cost
of the Project to the Developer, Developer has requested certain assistance from the City,
which goes above and beyond what is customary for the City to provide in its review and
processing of the Project; and
WHEREAS, City has found and determined that the provision of such assistance, is in
the best interests of the taxpayers and residents of the City, will promote the public health,
safety and welfare of such taxpayers and residents, and is in accordance with applicable
federal, state and local laws and regulations; and
WHEREAS, City and Developer do not intend that this Agreement shall constitute a
Development Agreement pursuant to Title 7, Division 1, Article 2.5 of the California
Government Code; and
WHEREAS, concurrently herewith the City Council is (a) approving a Mitigated
Negative Declaration and related documents (IS-96-21) which identifies the subject Agreement
as a discretionary approval thereby satisfying the requirements of CEQA and (b) approving
a Conditional Use Permit for the Project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement with Hice Enterprises, Inc. for the Development and Operation
of a Water Park, in substantially the form presented with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be kept on file on the office
of the City Clerk as Document No. C096-114.
Resolution 18382
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
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Resolution 18382
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of July, 1996, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Alevy
Shirle~/Horton, Mayor
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
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. 18382 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 23rd day of July,
1996.
Executed this 23rd day of July, 1996.
Beverly ~(. Authelet, City Clerk
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