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Home My WebLink AboutPlanning Comm Rpts./1996/07/10 (3) PLANNING COMMISSION AGENDA STATEMENT Item: 2 Meeting Date: 07/10/95 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-96-40; request to construct and operate a Recreational Water Park on approximately 32.5 acres of land in the Otay Rio Business Park, Phase II, west of Castle Pines Avenue in the IL-P (Limited Industrial - Precise Plan) Zone - Hice Enterprises, Inc. Hice Enterprises, Inc" represented by Mr. George Hice (Applicant), is requesting approval of an application for a recreational water park. This park is proposed to be constructed on approximately 32,5 acres of land in the Otay Rio Business Park, Phase II. This area is west of the recently approved MCA Amphitheater. The Water Park will consist of approximately one dozen rides with associated changing/locker rooms, food service facilities and administrative offices, The park will also contain areas for picnic tables and field and court sports such as softball and volleyball. Approximately 1,300 parking spaces will be provided. An Initial Study, IS-96-21, was completed on this project which resulted in a mitigated negative declaration. RECOMMENDATION: Adopt attached Resolution PCC-96-40 recommending that the City Council approve the proposal in accordance with the attached draft City Council Resolution. BOARDS/COMMISSIONS RECOMMENDATION: 1. The Resource Conservation Commission considered this project on June 24, 1996 and voted 6 to 0 recommending adoption of the Negative Declaration issued on 18-96-21. 2. The Design Review Committee considered this project on July 8, 1996, A verbal report will be given to the Commission at the public hearing on the outcome of the Design Review Committee, 3. On May 17, 1996 the Otay Valley Regional Park Policy Committee adopted a motion to send a letter to the City of Chula Vista encouraging that the City protect the planning efforts along the Otay Valley Regional Park and to consider a condition that would require that if there are active recreational facilities in the Water Park, that these facilities be available to the general public without charge. The project site is separated from the river by approximately 900 feet by an intervening parcel. Given this separation and the fact that some day there will be another Page 2, Item: 2 Meeting Date: 07/10/96 development on the northern parcel, staff concluded that requiring admittance without charge to the ball field and volley ball courts would be too burdensome on the applicant and too difficult to successfully integrate with the Otay Valley Regional Park. DISCUSSION: I. Site Characteristics: At present, the site is undeveloped and contains areas where soil has been stockpiled. In the past, the area was used as agricultural land. 2. Zoning and Land Use: The Zoning Ordinance lists "amusement parks" as an Unclassified Use, which is subject to the provisions of Chapters 19.54 and 19.58. Chapter 19,54,020,J,2 states: "The following uses may be considered for location in any zone, subject to the provisions set forth herein, and additional conditions set forth in Chapter 19.58: J. Establishments or enterprises involving large assemblages of people or automobiles, as follows, provided that these uses shall be deemed to be generally undesirable in the R zones: 2. Amusement parks and amusement enterprises: See Section 19.58,040, " Section 19.58.040 - Amusement and entertainment facilities, states: "Amusement and entertainment facilities such as bowling alleys, dance halls, amusement parks and other similar recreational facilities shall be subject to the following development standards: A, All structures shall maintain a minimum setback of 20 feet from any residential zone; B. Ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards; C. Adequate controls or measures shall be take to prevent offensive noise and vibration from any indoor or outdoor activity onto adjacent properties or uses. " Given the above, the proposed land use can be considered at its proposed location. Site: Zoning IL-P Land Use Vacant Page 3, Item: 2 Meeting Date: 07/10/96 North: South: East: West: IL-P & A8 A8 IL-P Residential Vacant Open Space/Slope Vacant (MCA Amphitheater Site) Vacant/City of San Diego IL-P = Limited Industrial - Precise Plan A8 = Agricultural, one dwelling per 8 acres 3. Proposal: The Applicant is proposing to construct and operate an amusement park which primarily contains aquatic attractions such as slides, a wave pool and a "lazy river," as well as picnic areas, a ball field and volleyball courts. The facility will also have administrative offices, food service areas, changing rooms and similar facilities. This facility has been compared to Raging Waters in San Dimas. 4. Analvsis: Given the manner in which the immediate area is developing, the introduction of an aquatic recreational facility is not out of character with surrounding uses, nor with the character of the Otay Valley Regional Park as a whole. In November 1995, the MCA Amphitheater and Kobey's Swap Meet were approved for the area immediately to the east of the proposed Water Park. The combination of these land uses is considered an asset to the community, but has raised a number of questions related to operations, ingress/egress, parking, and scheduling of events. Operations: The water park will operate from 10:00 a.m. to 10:00 p.m, Sundays through Saturdays, except as mentioned below. Since it is seasonal, it will open four weeks before Memorial Day and close four weeks after Labor Day. The entire park will be closed during the fall and winter months. Ingress/egress: It should be recalled that as part of the approval for the Swap Meet, Kobey's agreed to vacate the property in adequate time before an amphitheater event so that there will be no conflicts between Swap Meet patrons and those arriving for the evening event. This was a condition of approval for the Swap Meet. In the same vain, the Applicant recognizes the problems associated with conflicts in traffic exiting from the Water Park conflicting with amphitheater events. To that end, the Applicant has agreed, and it has been so conditioned, that the Water Park will close early enough before any amphitheater event so there will be no traffic conflicts. Parking: The development of the Water Park will include 1,300 parking spaces. The minimum required amount is 1,429. Since this land use will attract crowds comparable to amphitheaters, the parking ratio being uses is 1: 3.5 (one space per 3.5 patrons). Based on the maximum capacity of 5,000 people, the parking required is 1,429 (5,000+3.5 = 1,429), Because the Water Park will be short 139 parking spaces, the project is conditioned to execute a reciprocal parking agreement with the operators of the amphitheater. Such an agreement is acceptable to the amphitheater operators. Page 4, Item: 2 Meeting Date: 07/10/96 Scheduling of Events: As previously mentioned, the Applicant has agreed, and it has been so conditioned, that the Water Park will close in adequate time before an amphitheater event so that there will be no traffic conflicts between people leaving the water park and people arriving for the amphitheater event. This is to be done on a case-by-case basis since amphitheater events can begin at different times. As a general rule, both the Water Park and the Swap Meet will have cleared their respective activities in sufficient time so there will be no conflicts. Thus, the scheduling of events for both facilities should pose no problems. The clearing of both the Water Park and the Swap Meet at about the same time should also pose no problems, This is because the patrons for both activities arrive and depart throughout the entire day, rather than during very restricted hours as with the amphitheater. According to Appendix A, Traffic Impact Analysis, of the Initial Study, at no time during regular operating hours will the Swap Meet and Water Park cause traffic congestion. 5. Conclusion: Based on the above information, staff has concluded that the proposed water park is an appropriate and desirable land use for this location and that it will cause no adverse land use impacts, as stated in the findings. Attachments 1. Commission and Draft Council Resolutions 2. Exhibits: Locators, Site Plans, etc. 3. OVRPPC minutes (RCC minutes not yet available) 4. Disclosure Statement (m:\home\planning\martin\watcrprk\9640pc. rpt) ATTACHMENT 1 RESOLUTION NO. PCC-96-40 & CITY COUNCIL RESOLUTION NO. RESOLUTION NO. PCC-96-40 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT ALLOWING THE CONSTRUCTION AND OPERATION OF A RECREATIONAL WATER PARK ON APPROXIMATELY 32.5 ACRES OF LAND IN THE OTAY RIO BUSINESS PARK, PHASE II, WEST OF CASTLE PINES AVENUE IN THE LIMITED INDUSTRIAL (IL-P) ZONE WHEREAS, a duly verified application for a conditional use pennit was filed with the City of Chula Vista Planning Department on May 16, 1996 by Hice Enterprises, Inc,; and WHEREAS, said application requested pennission to construct and operate a recreational water park on approximately 32.5 acres of land in the Otay Rio Business Park, Phase II, west of Castle Pines Avenue in the IL-P (Limited Industrial - Precise Plan) Zone; and WHEREAS, the Planning Commission set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least 20 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely July 10, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-96-21. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends City Council approval of the attached draft City Council Resolution approving the Project, based on the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution shall be transmitted to the Redevelopment Agency. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this day 10th day of July, 1996 by the following yote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Frank Tarantino, Chair Nancy Ripley, Secretary (m;\home\planning\rnartin\waterprk\9640pc.res) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-96- 40, ALLOWING THE CONSTRUCTION AND OPERATION OF A RECREATIONAL WATER PARK ON APPROXIMATELY 32.5 ACRES OF LAND IN THE OTAY RIO BUSINESS PARK, PHASE II, WEST OF CASTLE PINES AVENUE IN THE LIMITED INDUSTRIAL (IL-P) ZONE I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as the Otay Rio Business Park, Phase II, and for the purpose of general description herein, the Project consists of approximately 32.4 acres of land located west of Castle Pines A venue ("Project Site")' and , , B. Project Applicant WHEREAS, on May 16, 1996 a duly verified application for a conditional use pennit (PCC-96-40) was filed with the City of Chula Vista Planning Department by Hice Enterprises, Inc, ("Applicant"); and, C. Project Description; Application for Conditional Use Pennit WHEREAS, Applicant requests pennission to construct operate a recreational water park ("Project") on the Project Site; and, D. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered IS-96-21 on June 24, 1996 and voted 6-0 to accept its adequacy; and, E. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 10, 1996 and voted _-_ to recommend that the City Council approve the Project in accordance with Planning Commission Resolution PCC-96- 40; and, F. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista August 6, 1996 to receive the Resolution No. Page #2 recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 10, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the Project is subject to the California Environmental Quality Act ("CEQA"), thus requiring the preparation, review and certification of said Mitigated Negative Declaration issued for IS-96-21. IV. COMPLIANCE WITH CEQA The City Council hereby adopts the Mitigated Negative Declaration issued on IS-96-21, and City Council also hereby adopts the Mitigation Monitoring and Reporting Program ("Program") incorporated herein by reference and as if set forth in full for IS-96-21. V. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated findings to be made. A. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed recreational water park is desirable in that it will provide a needed service not otherwise easily accessible to residents of Chula Vista by making available a place where they can recreate and otherwise enjoy their free time. B. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Resolution No. Page #3 The operation of the proposed recreational water park will be such that traffic going to or coming from the Project Site will not have negative impacts to the health, safety or general welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity in that the arrival and departure of patrons will be spread throughout the day, thus not causing congested roadways. There are no other identifiedimpacts associated with the Project. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-96-40 is conditioned to require the Applicant to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-96-40 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. D. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of PCC-96-40 will not adversely affect the Chula Vista General Plan in that said Project is proposed to be operated on a site already partially developed, with easy access to public facilities (water, sewer, etc.), said proposed recreational water park conforming with the General Plan in that this conditional use permit has been properly executed and duly adopted. VI. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-96-40 subject to the following conditions whereby the Applicant shall: A. Operate said Recreational Water Park pursuant to the application submitted therefore, unless otherwise modified by this approval. B. Prior to submittal of any building permit, submit a landscape plan which meets the requirement of the Landscape Manual, for review and approval of the Director of Planning, C. Provide a Water Management Plan per City of Chula Vista Landscape Manual requirements, to the satisfaction of the Director of Planning. D. Comply with, remain in compliance with and implement all conditions resulting from submittal of the Design Review application (DRC-96-41), Resolution No. Page #4 E. Comply with, remain in compliance with and implement all mitigation measures resulting from submittal of the Negative Declaration issued on Initial Study IS-96- 21. F. Execute a reciprocal parking agreement with the owner/operator of the MCA Amphitheater, said reciprocal parking agreement to include Kobey's Swap Meet as a co-signer, subject to review and approval by the Director of Planning. G, Prior to opening for operations, schedule a security survey with the Chula Vista Police Department, Crime Prevention Unit, and implement the suggestions of said survey in order to enhance security. Notwithstanding the implementation of the security survey, in the event crime and/or security becomes a problem, as indicated by increased crime reports filed with the Chula Vista Police Department related to the Recreational Water Park, Applicant shall retain, at Applicant's expense, a company who shall prepare a crime reduction/security provision report for the operation of the open air market, to the satisfaction of the Chief of Police. Said report shall address issues specified by the Chief of Police, and shall include recommendations to enhance security and reduce crime, Said recommendations shall be implemented to the satisfaction of the Zoning Administrator and the Chief of Police. H, Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. I. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. ], Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing. K. Prior to opening for operations, pay all applicable fees to the Chula Vista Elementary School District and Sweetwater Union High School District, or participate in alternative financing mechanisms, to the satisfaction of each respective school district. L. In consultation with the operators of the MCA Amphitheater, vacate the property early enough before all amphitheater events so as not to cause conflicts in traffic movements or inadequate parking capacity. M. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition of approval of this Conditional Use Permit, or of any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. Resolution No. Page #5 N, This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto, However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. O. This conditional use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Execute the attached Agreement (Attachment" A") indicating that you have read, understand and agreed to the conditions of approval contained herein, and will implement same. VIII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio, Presented by Approved as to form by Robert A. Leiter Director of Planning City Attorney (m:\home\planning\m3rtin\waterprk\9640cc.res) AGREEMENT BY AND BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND HICE ENTERPRISES, INC. RELATED TO THE CONDITIONAL APPROVAL OF PCC-96-40 The Applicant shall execute this document by signing the lines provided below, said execution indicating that the Applicant has read, understands and agrees to the conditions contained in Resolution No, , and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No, shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City Clerk, Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Representative of Hice Enterprises, Inc. Date Attachment: Resolution No, ATTACHMENT 2 LOCATOR MAP & SITE PLANS ~ c> '3.'3. ~ ~ ~:i 9- .::. ~ (i\ ,0 '" '7 CITY OF CHULA VISTA CITY OF SAN DIE 0 PROJECT LOCATION CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT George Hlee PROJECT DESCRlI'I1ON, C) Al'PUCANT' . Whltewater Canyon Water Park DESIGN REVIEW & CONDITIONAL USE PERMIT PROJECT Otay Rio Busl..... Park Request: Pro~$al for an :illuatic recreational fodlify on ADDRESS, Phase II :crox. 32. acres that wil include water slides, wave pool SCALf, FlU: NUMBER: ~; ride, arcades, restaurants, restrooms and appur1enant NORTH No Scale DRC.96.41 & PCC.96-40 climes in the I.L zone. . I . . I I I I I I I I I I IJ I . I I II ~~ ~ I i '- a 6 ~ ~ >- ~ o ."'- ... ... .- .. ". '.. . - -, - ~~ .. ........ .;. , . .. -i-r' , .i-~ ~. .' '": >f ":. """' ~': . .', III" . '...!'. -., " 3nN3A\1' S3Nld, 31J.S\1':::>. "'. ..,0(..- " ," . " -.-, . -.--. " ,--. -.- ""-- 1 ~. ' . . -:~ ~ ,,: ; B ,~ ~.. cri ~:. ! '. @ , ;"~! ,~: ~ (J!:; ; ~. .' ~ - I .n. .',' ~'. B. """ 0/lil<;... ..' ..~ .! 'QI t: . cn:JI 'QI" .. ~ ~ ~"I . .. : " . " " ~ .. '. .~. ae oS ~~ V ~/ . ~<V~8I' ~ ~ / i' f'/ : .J : <<> . 9'<- ~", ..__._'Sl~_. ' REDUCED PLOT PLAN (See full-sized Plot Pian) Figure 3 ....,...~-".'....-...(;.... USE AREA DETAIL (See full-sized Plot Plan) Figure 4 ~.! 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ATTACHMENT 3 OTA Y VALLEY REGIONAL PARK POLICY COMMITTEE MINUTES FROM THE MEETING OF MAY 17, 1996 Otay Valley Regional Park Policy Committee Citizen Advisory Committee {j 0 l..NI (J ~ .. ~"" ~ /VI Ti-l TUIC) Minutes (temporary pending a hearing of the whole tape) May 17, 1996 The regulady scheduled meeting of the Otay VaIley Regional Parle Policy Committee was called 10 order by chair San Dicgo City Councilman luan Vargas at 2:13 p.m. at !be Montgomery-Waller Rc:croation Ceater. San Diego County SUpClVlsor oreg eox was present, providing a ~m. while ChuIa Vista Mayor Shirley HOl1on was abscnL Citizen Advisory Chair Dr. Georgc Hanson was unable to convc:nc a quoNID of one dozen members. CAC Members Present Starr Members Present Fred Borst (Iefl early) Val Ouc:rra George Hanson Allen lODes (Ief! early) Patricia MtCoy Steve Palma Tom ~ua Voma Quinn Yolanda Ramos Ruth Schneider Paul SlaylOn Reports Agenda Item 4 De San Diego Gas & Eleetrlc Company Pipeline 2000 Project Man88c:r Mike Hale. Pat Bllffics and Mike Danan de&Cribed the progression oCtile new natural ga... pipeline southward toward and thcou~ the OUiy River Valley. Phase 4 will start in luly Crom Bsstlakc tD Otay. Some 240 acres or mitigation from SOO&E win be directed to U.S. Fish & Wildlife outsidc the focused planning area oC tho Olay Valley Regional Park. Marelle Esperancc:. San Diego County Howard Greenstein, San Diego City FraIJk Herrera-A, Chula Vista City CAC Members Excused John Hammond (OthelWisc unknown) Starr Report OVRP Draft Concept Plan Frank Herrera-A reponed on the OVRP Concept Plan SlatuS, saying he hoped thal chapters one through five would be complele by the end of May and perhaps concluded by luly. Items 1. East Otay Mesa ReglouaJ Fireum Training Facility Continued from the April 19, 1996, CAC meetillg. when the strong CAC discussion regislered disapproval of a comple4ed deci~i~>n 10 build the Bast OIay Mesa Regional Firoann Training Facilily being prcsenlCd by the COWIty incompatible with a parle. Mareue Esperance reviewed the county planning activily. She said the adjac.enl Herral\O property which possibly would he purchased by the county WII8 within the focused plamung area for the park. allhough the gun ranges wen: outside it. George Hanson recalled the CAC emphasis on (L) the appropriaU:ncss of the facilily for the an:a and (2) the lalCl1e$S in the planning proce!:... for nOlifying the !w(, park committees. V&112 Quinn asked why a $4 million Lraining Cacility was needed for machine gWls wh\:ll San Diego City had one and officers didn'l regularly I18e machine guns. Greg Cox replied that the county sheriffs were being squeezed out of their curreol facility and !he county needed both an outdoors arms facility and ~ome classrooms. Additionally. he said. he recogni:red that concept plan approval was vila!, but the gun tr.rlninj; sile was proximate to both prisons in the neighborhood and consonant with thell" purposcs. 2. Chula Vista Water Park Fred Kassman, Redevelopment Management Coordinator for Chula Vista, described the plans of Whitcwater WaterpaIk, Inc.. to build a wa!U cen~ amusement facili1y in the area south of the Oray Rivet. adjacent to and west of the proposed MCA amphithea1el'. Once again CAC mcmberll had I"CIId of the park in the P1'C$S, but heard nothing about it prior to rca:iving their meeting agendas earlier in !he week, Paul SlaytOJl pointed out Slayton wondered aloud why the two or three months of advance planning bad not reached the OVRP. Kassmlll1 cmphasired active recreation uses within the Watcc Part's attraction&, including playing fields that could be used for local sporting groups. Kassman stressed the flexibility of the planning ~ with a June 10 design review committee as a place for people in Chuta VISta to 811' tbe.Ir suggestions. Tom Pasqua said that atula Vi.va appoinrces to the park committee such as hIn1sc1f were embarrassed about ptVliferation of building planned by Chula Vista on both sides of the river cast of Highway 80S. He pointed out that the Water Puk encroached westward along the lIOuth side of the river iUld the cunmt auto park on the north side of the river had been tOuted for expansion eastward by the city. He said the obvious result was a bottleneck in the river park. totally within Chuia VISta, appeared to make two parks with &CIII1t room for human trail&, let alone wildlife conido1'$, He suggested the oulC0111e could well become a ~thy c.ut end of !he park and a poor west end of the park with ethnic social consequences. TherefOl'C he requested both amphitheater and waler park builders be asleed to place their developments as far back from !he river as pos..'IIble and Chula VISta ~aff actively seck: acquisition of property IICI'OSS the river development or at least declare a moratorium on It. Greg Cox III1d Juan Vargas, as the policy committee, voted the fullowing letra he sent Chula Vista Immediately. (M/Cox- SNarga.~. 2-0 vote.) "To send a letter to the City of Chula Vista as they consider this proposal if they would take Into consideration the planning effort or the Otay Valley Regional Park to achieve the maximum extent that the goals or the park are protected and that it there are to be active recreation faciUties that are put In as part of this project that couslderation be given to allowing a percentage: or the usaee to be available to the general public without charge." Item S. Update on Lower 0(3)' Lake Park acqul51doD, continued from tile: March 15, 1996, Joint PC an CAC meeting and April 19, 1996, CAC meeting. Greg Cox discussed the Lower Ota)' Lake Parle acquisition. He said the county wants to keep the price for the eJtChange as low as possible so that money eannar1red for the onetime county facility could be used to fix up the park once reacquired. Items 6 IInd 7. CAC Membership and Attendance, Greg Cox said he was interested in n:commendalions for new county members and that in addition he: would seek 10 keep a {ull complement of fiUed county &eat.'!. Tom PasqUiL said Southwestern College could still be a meeting site. preferable iLL times when classroom use was low. if a site change could boost membership. Item 8. OVRP Tours Howard Greenstein wa.~ designated 1996 OVRP tour coordinator. The following tOUfS were scheduled: 1) Trails between the Chuia Vista Auto Park and Heritage/OUly Valley Road on ATTACHMENT 4 DISCLOSURE STATEMENT FOR PCC-96-40 TI-IE l V OF CHUlA VISTA DISCLOSURE S. j'EMENT You arc required to file a Statement of Disclosure of certain ownership or financial interests. paymenls, or campaign eonlri!>utions, on all mailers which will require discrelionary aclion on Ihe part of Ihe City Council, Planning Commission, and all olher official bodies, The following informalion mUSI be disclosed: \. Lisl Ihe names of all persons having a financial inlerest in Ihe property which is the subjecl of the application or the ro~;;;u.;"'rn#;;'6M' ,"""""M, ~''',., ,"pph" UuJ)4/ UC; - (;-t.U~ 2. Ifany person' idenlified pursuant tn (1) above is a corporation or partnership.lislthe names of all individuals owning more Ihan 10% of Ihe shares in the corporation or owning any partnership imerest in the partnership. 3. If any person' identified pursuanl 10 (1) above is non,profit organization or a truS!, list the names of any person serving as director of Ihe non-profil organization or as truslee or bcneftciary or trustor of the trust. 4, Have you had more than S250 worth of business transacted with any member of Ihe City staff, Boards, Commissions, Committees, and Council within the pasl Iwelve months? Yes_ No_ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees. consultants, or independenl contractors who you have assigned to represent you before Ihe City in Ihis matter. jJ (7 Tt::-tC/..../ ;J 6. Have you and/or your officers or agents, in the aggregale, conlributed more Ihan S 1,000 to a Councilmember in tbe current or preceding election period? Yes_ No.2( If yes, state which Councilmember(s): Date: · . · (NOTE: S~/L/~ 'lc, Attach addilioDal pa&5 .. Dec:essaJ)') · · · ;I'~) Signalure of cOnlra;toyappIicant G@K.6~' Hlc.& Print or Iype name of contractorfappIicant . Pmo" Is drfillcd as: "All)' ;lId;\'I~a/, finn. co.par"'cship, JOIN vtrlAlrt, assnc;QI,ml., IOCW d~b, frD,mUl/ orgolli.uJ,ioll. CorporatiOlt. QI4le, D'II.Sf. r'tCtiver,l)ftd.icaJe. UW OI,d allY olhn COUIU)', city alld cou.ntry'. city ,"unit/pail'>', duulcl., 0' oIlier political SUbJivislOl&, IN OI'Y u,he 1?OUP or cOInbiluuiotl Dewag AI II waiL .. MEMORANDUM TO: Chair Tarantino, Members of the Planni Cpmmission /1 Ken Lee, Assistant Planning Directo VIA: FROM: Martin Miller, Associate Planner ~ DATE: July 5, 1996 SUBJ: PCC-96-40 - Updated/Additional Water Park Information Please note the following: 1. Please replace Resolution No, PCC-96-40 which appears in the packet with the attached, updated resolution. 2. Also attached is the Mitigation Monitoring and Reporting Program for your review, 3. As a reminder, Mitigated Negative Declaration for IS-96-21 was passed out to you at the Planning Commission meeting of June 26, 1996. Please review this document prior to the public hearing on July 10, 1996, RESOLUTION NO. PCC-96-40 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION IS-96-21 AND GRANT A CONDITIONAL USE PERMIT ALLOWING THE CONSTRUCTION AND OPERATION OF A RECREATIONAL WATER PARK ON APPROXIMATELY 32.5 ACRES OF LAND IN THE OTAY RIO BUSINESS PARK, PHASE II, WEST OF CASTLE PINES A VENUE IN THE LIMITED INDUSTRIAL (IL-P) ZONE WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on May 16, 1996 by Hice Enterprises, Inc.; and WHEREAS, said application requested permission to construct and operate a recreational water park on approximately 32.5 acres of land in the Otay Rio Business Park, Phase II, west of Castle Pines Avenue in the IL-P (Limited Industrial - Precise Plan) Zone (the "Project"); and WHEREAS, an initial study of the environmental impacts of the Project (IS-96-21) was prepared in accordance with CEQA; and WHEREAS, based on the findings and determinations of IS-96-21, a Mitigated Negative Declaration was prepared for the Project and made available for public review in accordance with CEQA; and WHEREAS, the Planning Director set the time and place for a hearing on the conditional use permit application for the Project and notice of said hearing, together with its purpose, was' given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least 20 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely July 10, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, at such hearing the Commission received and considered testimony on the Project and the Mitigated Negative Declaration prepared in connection therewith; and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt Mitigated Negative Declaration IS-96-21 and approve a conditional use permit for the Project based upon the findings and subject to the terms and conditions set forth in the draft City Council Resolution attached hereto. (m:\home\planning\martin\waterprk\9610pc.res) BE IT FURTHER RESOLVED THAT a copy of this resolution shall be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this day 10th day of July, 1996 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Frank Tarantino, Chair Nancy Ripley, Secretary (m:\home\planning\martin\waterprk\9640pc.res) Mitigation Monitoring and Reporting Program WHITEWATER WATER PARK MITIGATION MONITORING AND REPORTING PROGRAM DESCRIPTION AND PURPOSE The California Environmental Quality Act (CEQA) requires a lead or responsible agency that approves a project where a Mitigated Negative Declaration (MND) has identified significant environmental effects, to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects" . The City of Chula Vista is the lead agency for the Whitewater Water Park project. A MND was prepared for this project which addressed potential environmental impacts and, where appropriate, recommended mitigation measures to reduce identified significant impacts below a level of significance. A Mitigation Monitoring and Reporting Program is required to ensure that the adopted mitigation measures are implemented. The City of Chula Vista will adopt this Mitigation Monitoring and Reporting Program (MMRP) after considering the MND and if approval of the project occurs. The proposed Whitewater Water Park may result in adverse impacts in the event of substantial alterations to the proposed project description. A monitoring and reporting program would prevent adverse impacts by insuring that the proposed project is developed in substantial conformance with the project description and design features used to conduct the analysis for this EIR. ROLES AND RESPONSIBILITIES The MMRP for the proposed project will be in place through all phases of the project, including final design, grading, construction, and operations of the Whitewater Water Park. The City of Chula Vista has primary enforcement role for the implementation of mitigation measures. The City's Environmental Review Coordinator (ERC) will provide final approval for the completion of the implementation of mitigation measures. The ERC will appoint a Mitigation Compliance Coordinator (MCC) who will be responsible for the actual monitoring of the implementation of the mitigation measures. The MCC will interface with the ERC, the City Engineer, the City Landscape Architect, the Construction Supervisor, and the Construction Inspector(s), all who have some responsibility for the implementation of the mitigation measures. 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Cd ~ ~ 8'8'.E ~ r< ;:j..... c.U 0 ~ ;;; . ~ bn.... o "2 ~ ..... ::: € o .a.5 <'wc - o .9 ::; " 0 o . &: .~ ~~ 'H o " "'''' " v ~ - o a S ~ . '" o o . '" '.::I... .5 "'..6"0 tu:S 2~'b~ '0 800 .g .... ..... <0 =' 8 U S 0" <:':I <I)'P ~ ~ -5 <I) ,g ~ s oS 08 to ~ :!J .2 0 u :. ~ ~~ ~ S .5 ~ .s ,~ 1:: ~::::: ;:j ~ rJ.9< o..d ,- u " . '2 Q..'€ ~ t;; ~ <'~c;> 8. .,.; ;;; MEMORANDUM TO: Chair Tarantino, Members of the Planning Commission Steve Griffin, AICP, Principal Planner * Martin Miller, Associate Planner Y July 10, 1996 ~ VIA: FROM: DATE: SUBJ: PCC-96-40 - Replacement Draft City Council Resolution and Results of the Design Review Committed Attached are the following items: 1, A replacement to the Draft City Council Resolution. 2. A letter dated July 9, 1996 informing the applicant of the decision of the Design Review Committee as related to case number DRC-96-41. Please note that this case was conditionally approved by the Design Review Committee. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-96-21 AND RELATED DOCUMENTS, AND GRANTING A CONDITIONAL USE PERMIT, PCC-96- 40, ALLOWING THE CONSTRUCTION AND OPERATION OF A RECREATIONAL WATER PARK ON APPROXIMATELY 32.4 ACRES OF LAND IN THE OTAY RIO BUSINESS PARK, PHASE II, WEST OF CASTLE PINES AVENUE IN THE LIMITED INDUSTRIAL (IL-P) ZONE 1. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as the Otay Rio Business Park, Phase II, and for the purpose of general description herein, the Project consists of approximately 32.4 acres of land located west of Castle Pines Avenue ("Project Site")' and , , B. Project Applicant WHEREAS, on May 16, 1996 a duly verified application for a conditional use permit (PCC-96-40) with respect to the Project Site was filed with the City of Chula Vista Planning Department by Hice Enterprises, Inc, ("Applicant"); and, C. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct operate a recreational water park ("Project") on the Project Site; and, D. Environmental Determination WHEREAS, the Environmental Review Coordinator determined that the Project requires preparation of an Initial Study and same was prepared and circulated for public review as Initial Study IS-96-21; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered IS-96-21 on June 24, 1996 and voted 6-0 to accept its adequacy; and, F. Planning Commission Record on Conditional Use Permit and Initial Study Applications Resolution No. Page #2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 10, 1996 and voted _-_ to recommend that the City Council adopt Mitigated Negative Declaration IS-96-21 and approve Conditional Use Permit PCC-96-40 for the Project in accordance with Planning Commission Resolution PCC-96-40; and, G. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista July 23, 1996 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 10, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the Project is subject to the California Environmental Quality Act ("CEQA"), thus requiring the preparation of Initial Study IS-96- 21, and adoption of a Mitigated Negative Declaration issued for IS-96- 21. IV. COMPLIANCE WITH CEQA The City Council hereby adopts the Mitigated Negative Declaration issued on IS-96-21, and City Council also hereby adopts the Mitigation Monitoring and Reporting Program incorporated herein by reference and as if set forth in full for IS-96- 21. V. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated findings to be made. A. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. Resolution No. Page #3 The proposed Project is desirable in that it will provide a recreational facility not otherwise easily accessible to residents of Chula Vista. B. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The operation of the Project will be such that traffic going to or coming from the Project Site will be spread throughout the day, thus not causing congested roadways, in that the Project will be included in the Traffic Management Plan which was required as part of the approval of the MCA Amphitheater. C, That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-96-40 is conditioned to require the Applicant to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for Unclassified Uses, including but not limited to, ~~ 19.54.020.J.2 and 19.58.040.D. Further, this conditional use permit has been properly executed and duly adopted pursuant to Title 19 of the Municipal Code for Unclassified Uses, The conditioning of PCC-96-40 is approximately proportional both in nature and extent to the impact created by the proposed Project in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. D. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of PCC-96-40 will not adversely affect the Chula Vista General Plan in that the Project is proposed to be operated on a site already partially developed, with easy access to public facilities (water, sewer, etc.). Further, the Project conforms to all elements of the General Plan, in that this conditional use permit has been properly executed and duly adopted pursuant to the requirement of the Title 19 for Unclassified Uses. VI. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-96-40 subject to the following conditions whereby the Applicant shall: A. Develop and operate the Project pursuant to the application submitted therefore, unless otherwise modified by this approval, and consistent with the Project description set forth in IS-96-21. Resolution No. Page #4 B, Process to completion Tentative Parcel Map No, 96-11, and comply with all conditions of approval related thereto or as related to any final map deriving from the processing of TPM-96-11. The approval of this Conditional Use Permit, PCC-96-40, shall not be come effective until such time as TPM-96-11 or any final map related thereto is duly approved, recorded and implemented, to the satisfaction of the City Engineer and the Director of Planning. C, Prior to issuance of any building pennit, submit a landscape plan which meets the requirement of the Landscape Manual for review and approval of the Director of Planning. Said landscape plan shall show enhanced landscaping along the interface with the open space area to the south. D. Provide a Water Management Plan per City of Chula Vista Landscape Manual requirements, to the satisfaction of the Director of Planning. E. Comply with, remain in compliance with and implement all conditions resulting from submittal of the Design Review application (DRC-96-41). Such conditions are incorporated herein by this reference and violation of said Design Review conditions shall constitute violation of this Conditional Use Permit approval. F, Comply with, remain in compliance with and implement all mitigation measures resulting from submittal of the Negative Declaration issued on Initial Study IS-96- 21 and the Mitigation Monitoring and Reporting Program related thereto, G. Enter into a reciprocal parking agreement with the owner/operator of the MCA Amphitheater, said reciprocal parking agreement to include Kobey's Swap Meet as a co-signer and the City of Chula Vista as a third party beneficiary with enforcement rights, subject to review and approval by the Director of Planning. All costs associated with implementation of this condition shall be paid by the Applicant. H. Prior to opening for operations, schedule a security survey with the Chula Vista Police Department, Crime Prevention Unit, and implement the suggestions of said survey in order to enhance security. Notwithstanding the implementation of the security survey, in the event crime and/or security becomes a problem, as indicated by increased crime reports filed with the Chula Vista Police Department related to the Project, Applicant shall retain, at Applicant's expense, a company who shall prepare a crime reduction/security provision report for the operation of the Project, to the satisfaction of the Chief of Police. Said report shall address issues specified by the Chief of Police, and shall include recommendations to enhance security and reduce crime. Said recommendations shall be implemented to the satisfaction of the Zoning Administrator and the Chief of Police, All costs associated with implementation of this condition shall be paid by the Applicant. Resolution No. Page #5 I. Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. J. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. K. Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing. L. Prior to opening for operations, pay all applicable fees to the Chula Vista Elementary School District and Sweetwater Union High School District, or participate in alternative financing mechanisms, to the satisfaction of each respective school district. M. In consultation with the operators of the MCA Amphitheater, become a party to the Traffic Management Plan required pursuant to the approval of Conditional Use Permit PCC-95-47 and as required in the Mitigated Negative Declaration issued for IS-96-21, and vacate the Project Site early enough before all amphitheater events so as not to cause conflicts in traffic movements or inadequate parking capacity in accordance with the Traffic Management Plan. All costs associated with implementation of this condition shall be paid by the Applicant. N. Enter into a Development Agreement with the City for development of the Project as approved. Said Development Agreement shall include, without limitation, provisions for sharing of Project revenues and developer indemnification of the City for Project operations. O. Pay all outstanding City assessments upon acquisition of Project Site with respect to the property, but not later than sixty (60) days after approval of this Conditional Use Permit. P. Acknowledges that this Conditional Use Permit is being issued on the assumption that the maximum capacity of the Project is five thousand (5,000) people at any one time. If it is determined, based on reasonable evidence, that the Project attendance materially exceeds this capacity, the City reserves its right to add any and all appropriate conditions in order to address the additional impacts generated thereby. Said conditions may include, but not be limited to, acquisition of additional parking areas by the Applicant, enhancement of public streets at Applicant's expense, signalization of intersections at Applicant's expense, and/or payment of impact fees, Q. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition of approval of this Conditional Use Permit, or of any Resolution No, Page #6 provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. R. In the event that construction of the Project occurs concurrent with construction of the MCA Amphitheater, coordinate all aspects the construction of the Project with the construction of the MCA Amphitheater, to the satisfaction of the Director of the Building and Housing Department. S. In the event the Project opens for operations prior to the MCA Amphitheater, the city reserves its rights to impose additional or modified conditions of approval, especially as related to parking and ingress/egress, T, This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. U. This conditional use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Execute the attached Agreement (Attachment "A") indicating that you have read, understand and agreed to the conditions of approval contained herein, and will implement same. VIII. INDEMNIFICATION/HOLD HARMLESS Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, without limitation. Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement of this Conditional Use Permit where indicated. Applicant's/ operator's compliance with this provision is an express condition of this Conditional Use Resolution No. Page #7 Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. IX. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk, X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio, Presented by Approved as to form by Robert A. Leiter Director of Planning Ann Moore Interim City Attorney (m:\home\planning\manin\waterprk\9640cc. res) AGREEMENT BY AND BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND RICE ENTERPRISES, INC. RELATED TO THE CONDITIONAL APPROVAL OF PCC-96-40 The Applicant shall execute this document by signing the lines provided below, said execution indicating that the Applicant has read, understands and agrees to the conditions contained in Resolution No. , and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Representative of Hice Enterprises, Inc, Date Attachment: Resolution No. ~~~ ~ ""'::I,..~"""""'- ~- -- CIlY OF CHULA VISTA PLANNING DEPARTMENT July 9, 1996 Mr. George Hice Hice Enterprises, Inc. P.O. Box 270826 San Diego, CA 92198 Subject: DRC-96-41 Dear Applicant: On July 8, 1996, the Design Review Committee considered the site plan and architecture for the proposal to construct an aquatic recreational facility on approximately 32.4 acres, to include water slides, wave pool, raft rides, arcades, restaurants, and associated site improvements, including parking, fencing and landscaping. The Committee, after hearing staff's presentation, by unanimous vote: 1. Received, considered and approved the Negative Declaration on Initial Study IS- 96-21. 2. Approved this project subject to the following conditions: a. This approval, as conditioned below, shall relate specifically only to the following features: 1) The entry building with promenade; 2) The kitchen/food service/concession building; 3) The perimeter fencing solution. b. The entry building and promenade shall be subject to the following conditions: 1) The promenade shall incorporate such features as large-radius undulation of the fencing, a staggered or undulating walkway, and use of color in banners or awnings. 276 FOURTH AVE/CHULA VISTA CALIFORNIA 91910/(619) 691.5101 DRC-96-41 - 2 - July 9, 1996 2) Some feature such as shade structures or other vertical element, shall be incorporated into the entry promenade. 3) A revised landscape concept plan for the promenade, making greater use of specimen trees and flowering plants and shrubs shall be submitted for staff review and approval, prior to completion of construction documents. 4) The fencing on both sides of the promenade shall be punctuated by masonry pilasters at intervals of no more than 40 ft. and at each change in direction of the fencing. 5) Security gates at the entry shall be detailed and submitted to staff for review and approval prior to submittal for building permits. 6) Colors and materials shall be specified and approved prior to building permit submittal. c. The kitchen/food service/concession building shall be subject to the following conditions: I) Colors and materials selected for the kitchen building shall be specified and approved by staff prior to the building permit submittal stage. 2) All roof-mounted equipment shall be completely screened by parapet walls. d. The perimeter fencing solution shall be subject to the following conditions: I) The fencing along the east side of the recreational area, alongside the parking, shall be punctuated by masonry pilasters, no less than 40 ft. apart and no less than 2 ft. wide. The intersection of chain link with tube steel and all changes in fence direction shall be at a masonry pilaster, no less than 2 ft. square. 2) Chain link fencing around the perimeter shall be placed at least 12 inches inside the property line and at least a 1 ft. wide planter shall be shown around the perimeter. 3) A revised landscape plan shall be submitted showing a screening landscape solution for the chain link fence and incorporating vines and shrubs. This landscape plan shall be submitted for review and approval prior to completion of construction documents. CITY OF CHULA VISTA DRC-96-41 - 3 - July 9, 1996 e. Proposals for all other buildings and aquatic features of the facility shall be submitted to staff for review and approval prior to construction. Each feature shall be evaluated for compliance with the development standards contained in item B.i. below (and attached as a separate document, entitled 'Development Standards'). Any feature not complying in full with the Development Standards shall be presented to the Design Review Committee for review and approval. f. The three "speed slides" shown on the site plan as Item 9 shall be no taller than 25 ft. above grade at any point and shall be submitted to the Design Review Committee for review and approval. This submittal shall include a dimensioned front elevation of the feature in context with the hillside behind and a dimensioned section. g. Complete landscape and irrigation plans, in accordance with the City Landscape Manual, shall be submitted for review and approval at the building permit stage. h. Detailed, dimensioned plans of the parking lot shall be submitted to staff for review and approval. These plans shall be shown to comply with the zoning ordinance and shall be in accordance with the landscape manual. I. The development not fully detailed in this proposal and not listed in items 2.a., b., c., d., e., f., g. and h. above shall be subject to the following Development Standards: 1) No structure supporting a slide, flume, stair, platform or other feature may project more than 15 ft. above finished grade at any point. 2) No structure supporting a slide, flume or other feature may appear to project more than 3 ft. above finished grade at any point, the intervening space being either screened or fIlled with landscaping materials or rock formations. 3) Enclosed tube-type slides which occur at an elevation of 190 feet above sea level or greater (20 ft. above the parking lot elevation), shall be intermittently screened from view by landscaping materials or rock formations. 4) No single artificial rock formation shall exceed a height of twelve feet above finished grade and no higher than 15 ft. above the wave pool caissons. CITY OF CHULA VISTA DRC-96-41 - 4 - July 9, 1996 5) All slide, stair and platform support structures shall be of the wooden trestle type, unless evidence, by way of structural analysis, is provided, and staff determines that another support system is more feasible. 6) All interior shade structures shall be of wood and shall conform to previously-approved shade features. 7) All colors and materials used throughout shall conform to those already approved. 8) No slide or water feature shall be lighted, other than for safety or security reasons. You have the right to appeal this decision to the Planning Commission. A completed appeal form, along with a deposit amount of $2,000 must be received by this office within 10 days of the date of this letter. Forms are available form the Planning Department. In the absence of said appeal, the decision of the Design Review Committee is final. Failure to use this permit within one year from the date of this letter shall cause the permit to become null and void unless a written request for an extension is received and granted prior to the expiration date. If you have any questions, please call me at 476-5334. ..-if~t..'~~) -- .-......~.--. Ann Pedder Pease Design Review Coordinator/Assistant Planner - - . cc: City Clerk Chris Bitterlin Randy Mendiorez, CITY OF CHULA VISTA