HomeMy WebLinkAbout7932 RESOLUTION NO 7932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
UPHOLDING AN APPEAL AND REVERSING THE DECISION OF THE
PLANNING COMMISSION TO REVOKE CONDITIONAL USE PERMIT NO
963, FOR THE PROPERTY LOCATED AT 1101 CALIFORNIA STREET
WHEREAS, on October 22, 2009, Aladdin Entertainment Group LLC, with the required
consent of The California Gateway, LP, filed an application with the City for a conditional use
permit to allow the operation of a water and amusement park (the "Park") on approxnnately 17
acres, located at the southwest corner of California Street and Lugoma Avenue in the city of
Redlands (the "Property") and which is also identified by its street address of 1101 California
Street in Redlands (APNs 0292-033-11-0000 AND 0292-033-13-0000), and
WHEREAS, on April 13, 2010,the Planning Commission granted a conditional use permit
("CUP") for the Park, and
WHEREAS, PS80 Partners LLC dba Hybrid One ("PS80 Partners") entered into a long-
term ground lease with California Gateway LLC ("Gateway") during or about May 2017, to
operate Splash Kingdom Water Park("Splash Kingdom"), and
WHEREAS, pursuant to Section 18 192 100(A) of the Redlands Municipal Code, the
Planning Commission, after notice and public hearing, inay revoke any Conditional Use Permit
for noncompliance with any of its conditions, and
WHEREAS, on June 12, 2018, the Planning Conn-mission conducted a review of
compliance with the conditions of approval related to Conditional Use Permit No 963 and
provided the operators with an opportunity to provide an introduction and context to the
Commission regarding how their site work relates to their future revitalization plans, and
WHEREAS, on June 12, 2018, the operator obtained a demolition permit to continue the
removal of ancillary amenities located to the south of the primary building, mcludnng miini-golf
course and go-kart tracks, and
WHEREAS, on June 22, 2018, California Gateway LLC, PS80 Partners, and Splash
Kingdom were mailed written notification of a public hearing to be held on July 24, 2018 to
determine whether the Planning Commission should revoke the CUP, and
WHEREAS, on July 24, 2018, the Planning Commission held a noticed revocation public
hearing for Conditional Use Permit No 963, as amended, and considered verbal and written
testimony of City staff, the leaseholder/operators, and any testimony from members of the public,
and continued the revocation to August 14, 2018 to allow the operators to provide a status update,
and
WHEREAS, on August 14, 2018, the Planning Commission held a noticed revocation
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public hearing for Conditional Use Permit No 963, as amended, and considered verbal and written
testimony of City staff, the leaseholder/operators, and any testimony from members of the public,
and
WHEREAS, on October 12, 2018, California Gateway LLC, PS80 Partners, and Splash
Kingdom were mailed written notification of a public hearing to be held on November 13, 2018 to
determine whether the Planning Commission should revoke the CUP, and
WHEREAS, on October 29, 2018, written notice of the Planning Commission's public
hearing to consider revocation of Conditional Use Permit No 963, was mailed via U S Mail to
property owners within a 300-foot radius of the project site, and
WHEREAS, on October 31, 2018, notice of the Planning Commission's consideration of
the revocation of Conditional Use Permit No 963 was published in the Redlands Daily Facts, and
WHEREAS, on November 13, 2018, the Planning Cormmission held a noticed revocation
public hearing for Conditional Use Permit No 963,as amended, and considered verbal and written
testumony of City staff, the leaseholder/operators, and any testimony from members of the public,
and
WHEREAS, on November 13, 2018, the Planning Commission voted 5-0 to revoke
Conditional Use Permit No 963 as a result of the Park being out of compliance with Conditions
of Approval No 18, 23, 36 of Conditional Use Permit No 963 and Condition of Approval No 7
with Conditional Use Permit No 963 (Revision 2),regarding unpermitted changes to landscaping,
the parking lot layout, and fagade unprovements, and
WHEREAS, on November 15, 2018, an Appeal was filed by Daniel Martinez in
accordance with Section 2 36 080 of the Redlands Municipal Code (the "Appeal"), and
WHEREAS on January 25,2019,notice of the City Council's public hearing for the Appeal
of the revocation of Conditional Use Permit No 963, as amended, was published in the Redlands
Daily Facts by the City Clerk, and
WHEREAS, the revocation is exempt from environinental review in accordance with the
California Environamental Quality Act per Section 15321 of the CEQA Guidelines pertaining to
enforcement actions by regulatory agencies, and
WHEREAS, on February 5, 2019, the City Council held a noticed public hearing on the
revocation of Conditional Use Peanut No 963 and related Appeal, considered the staff report and
oral reports, reviewed the minutes of the Planning Cominission meeting, and considered the
testimony and written evidence submitted by and on behalf of the applicant and the appellant, and
considered the testunony by members of the public,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows
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Section 1 California Environmental Quality Act The Appeal of the revocation of
Conditional Use Permit No 963 is exempt from environmental review in accordance with the
California Enviromnental Quality Act ("CEQA"), pursuant to Section 15321 of the CEQA
Guidelines pertaining to enforcement actions by regulatory agencies
Section 2. Determinations and Findings for Upholdingthe he Appeal and Overturning the
Revocation of Conditional Use Permit No 963 Based upon the entire record before the City
Council and all written and verbal evidence presented, the City Council hereby approves the
Appeal and overturns the decision by the Planning Commission that revoked Conditional Use
Permit No 963, based upon the following determinations and findings with respect to the
Conditional Use Permit
A The appellant has provided satisfactory evidence demonstrating their continued efforts
towards resolving compliance concerns with the conditions of approval, resolving five
of nine outstanding conditions of approval and providing documentation of progress
on four remaining conditions of approval related to changes to landscaping, parking lot
layout, and fagade improvements
B The appellant has hired professional consultants to draft landscaping and parking lot
plans to address inconsistencies with the East Valley Corridor Specific Plan and
previously approved Conditional Use Permit
C The appellant has made corrective measures to address all outstanding Code
Enforcement violations, and addressed corrective items provided by the City's Fire
Department and Building and Safety Division
D The water and amusement park continues to operate in compliance with the use and
operational characteristics approved under Conditional Use Permit No 963
E It is in the best interest of the City for the property to be renovated and actively utilized
as its intended and conditionally permitted use
Section 3 Effective Date This Resolution shall be effective upon adoption
ADOPTED, SIGNED AND APPROVED this 5 b day of February, 2019
W �
Paul W Foster, Mayor
ATTEST
Jeehe Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day
of February, 2019
AYES Councilmembers Bar>ich, Tejeda, Momberger, Davis, Mayor Foster
NOES None
ABSENT None
ABSTAIN None
Jq6afke Donaldson, City Clerk
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