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Covenant Regarding Real Property 2000-05717423UEST BY: No Transfer Tax Due TO: 2269 FFICi:L RECO~D SA~ DIEG COL~TY RECORD R'S OFFiS: GREGORY . SHITH, COVe'[ RSSOR~ER ES: 67.'0 000-0 4~ COVENANT REGARDING REAL PROPERTY Joseph G. and Lisa B. Lucidi, PROPERTY OWNERS ("OWNERS" hereinafter), are the owners of real property described in Exhibit A which is attached hereto and made a part hereof and which ' y known as Assessor's Pamel Number 322-011-08 & 09 ("PROPERTY" hereinafter). In consideration of the approval of CUP 96-18M and DR 96- 23M , by the City of Poway ("CITY" hereinafter), OWNERS hereby agree to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, heirs, personal representatives, I ~ ~ assigns of the respective parties. In the event that CUP 96-18M and DR 96-23M expires or is rescinded by City Council at the request of the OWNERS, CITY shall expunge this Covenant from the record title of the PROPERTY. In the event of litigation to enforce the p * ' = this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNER: Dated: (Notarize) OWNER: Dated: /°> (Notarize) CITY OF POWAY Dated: :: By: Niall Fdtz, Director of'Development Services ,, - 2270 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of ~ On ~'~ ~ before me ~/h/~ ~/ personally appeared ~ ~- ./- d( J ,.~ 1 OPTIONAL y(ies) acted, Description of Attached Document Title or' Signer(s) Other Capacity(ies) Claimed by Signer(s) ~ndividual [] Title(s): © Partner-- [] Limited [] General [] Trustee [] Other: E~ndividual [] litle(s): [] Partner -- [] Limited [] General [] [] Trustee [] [] Other: 2271 EXHIBIT "A" PARCELS 3 AND 4 OF PARCEL MAP NO. 18327, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY ON AUGUST 20, 1999 AS FILE NO. 1999- 578661 OF OFFICIAL RECORDS. EXHIBIT B RESOLUTION NO. P- 00-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 96-18M AND DEVELOPMENT REVIEW 96-23M, AND RESCINDING RESOLUTION NO. P-97-51 ASSESSOR'S PARCEL NUMBER 322-011-08 & 09 WHEREAS, Conditional Use Permit 96-18M/Development Review 96-23M for the Poway Equi-Plex submitted by Zip and Lisa Lucidi, applicants, requests approval to modify an approved CUP and DR 1 : a horse boarding and training facility for up to 80 horses (previously 150) with barns, stalls, practice and sh bunk house, office, restrooms, parking on a 52.5 acre (previously 100 acre) site and of the foreman's house, northwest corner of Poway Road and Highway 67 within the RR-A zone; and WHEREAS, on September 12, 2000 the City Council held a duly advertised hearing on the ab i item. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council has considered the E Iai Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this resolution for CUP 96-18M and DR 96-23M and public comments received on the ElS and MND. The subject ElS and MND d is fully incorporated herein by this The City Council finds that the mitigation contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a level of less than significant and hereby approves the MND and the associated Mitigation Monitoring Program attached to this resolution as Exhibit A. Section 2: The required findings in compliance with Section 6.1 .B of the Implementing Agreement/California Endangered Species Act (CESA) Memorandum of Understanding (MOU) approved with the adopted Poway Subarea Habitat Conservation Plan (PSHCP)/Natural Community Conservation Plan (NCCP) for the proposed project are hereby made as follows: The project biological resource mitigation is consistent with and furthers the implementing objectives of the PSHCP as the mitigation is consistent with the proposed MND pursuant to Section 1 above. The approved mitigation permanently p ~ protects within recorded biological : deeds an estimated 1.7 acres of undisturbed Coastal Sage Scrub (CSS) to replace habitat to be removed. In addition, p :th :17.45 acres of disturbed CSS located to the west, north and southeast of the knoll and the approximately 0.8 acres of undistUrbed CSS located along the southwestern property line of Parcel 3 will be required to be preserved by placement of that area in a biological :in :h the City's Habitat Conservation Plan. 2273 Resolution No. P-00-71 Page 2 An additional mitigation requirement is identified in the proposed MND; i.e., that the horse facility 100 foot ' ' :back from the ephemeral stream on the adjacent parcel to the north. The mitigation habitat is appropriately located in the PSHCP mitigation area to enhance the long-term viability and function of the preserve system in that the on- site mitigation habitat areas on the western portion of this site and the off-site mitigation area to the north of this site are within the Biological Core and Linkage Area (BCLA) associated with the Rattlesnake Canyon C Preserve. It has been further mapped as being part of Proposed Resource Protection (PRPA) #13b as identified in the PSHCP. This will serve to enhance the preserve system by protecting coastal sage scrub habitat. T the on-site habitat p as anticipated by the Poway Habitat Conservation Plan (Poway HOP), preservation of the estimated 7.45 acres of disturbed CSS located to the west, north and southeast of the knoll will be required by placement of that area in a biological ~' easement in with the City's Habitat C ~' Plan. The mitigation will be to the long-term benefit of the PSHCP covered species and their habitats in that the mitigation will provide permanent public and private biological I deeds that will protected open space, and the undisturbed coastal sage scrub habitat within the protected open space will benefit the threatened California Gnatcatcher as well as otb :1 species" and their habitats found in the PSHCP mitigation area and adjacent habitat conserval' The mitigation will foster the ' implementation of the PSHCP in an effective and efficient that the onsite miti.c ~iguous and ;ted to the Rattlesnake Canyon Preserve permanent open space in the vicinity to the west. Th :igation will be set aside by the project proponent in accordance with the PSHCP and the onsite mitigation will i protect a significant amount of biological open space in the mitigation area in perpetuity. The mitigation will not result in a negative fiscal impact with regard to th implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public and private biological :deeds. The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 96-18M to modify an approved CUP 1 :a horse boarding and training facility for up to 80 horses with barns, stalls, practice and show arenas, bunk house, office, parking on two separate, legal pamels totaling 52.5 g : the northwest comer of Poway Road and Highway 67 within the RR-A zone, are made as follows: 22?4 Resolution No. P-00-71 Page 3 The approved project is with the General Plan in that stables are a permitted use on properties with the General Plan designation of RR-A with the approval of a conditional use permit. The location, size, design, and operating ch of the approve~l use, as modified by conditions of this resolution, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, or natural in that the use is located on two large rural lots which adjoins another parcel to the west with like kind and use and conditions of approval will limit the potential impact on other properties. The harmony in scale, bulk, coverage, and density' : with adjacent uses because horse stables of 20 or more h permitted use on properties in the RR-A zone with approval of a Conditional Use Permit and the property will be required to comply with site and operational standards listed in the large animal ordinance. There 31e public facilities, services, and utilities because the use will be located ' 3ere all necessary 1' 31e to the boundary of the property or can be provided on-site. There will not be a harmful effect upon desirable neighborhood characteristics, in that the site is 52.5 -l the conditions of approval will ensure that the :lucted in such a way that is to be compatible with surrounding properties. The generation of traffic will not adversely impact surrounding streets and/or the City's Transportation Element, in that point has I: ~ to provide safe access to the adjacent street, the projected volume of traffic will not be a significant impact relative to existing traff traffic mitigation fees will be paid and the applicant is required to provide on-site parking. The site is suitable for the type and intensity of the designated use which is approved, in that the property is in a rural area, has gentle to moderate terrain, is not affected by floodways and is large enough 1 'late the use. There will not be significant harmful effects Ul: quality and natural I: 'listurbed habitat will be set aside on the periphery of the site and in the vicinity to offset any habitat removed. There are no oth mitigated. : negative impacts of the development that cannot be The impacts and the location, size, design and operating characteristics of the approved use and the conditions under which it would be operated will not be detrimental to the public health, safety or welfare, ly injurious 2275 Resolution No. P-00-71 Page 4 to properties or imp the vicinity nor be contrary to the adopted general plan because the proposal has been reduced in scope from the prior approval so use of ground water will be less, the use of lights will be controlled by the hours of o1: -I traff I be facilitated by installation of a left-turn lane at the Poway Road entrance and a d lane along the Poway Road frontage from Highway 67. The proposed conditional use will comply with each of the applicable p ' ' Poway Municipal Code Sec. 17.48.070. [: The findings, in accordance with Section 17.52 of the Poway Municipal Code for Development Review 96-23M to modify an approved DR to construct a horse boarding and training facility for up to 80 homes with barns, stalls, practice and show arenas, bunk house, office, parking on two separate, legal parcels totaling 52.5 g northwest comer of Poway Road and Highway 67 within the RR-A zone, are made as follows: The approved project is consistent with the General Plan, as a horse boarding, training and tiding facility allowed within the Rural Residential A zoning and land use designation with a conditional use permit and implements an objective of the Housing Element to provide on-site housing for workers. The approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that the design of the buildings, the landscaping, earthen berm and other improvements conform to the cdteda for other horse boarding, training and dding f :l will be compatible with existing land uses in the vicinity. The approved project encourages the orderly and h appearance of structures and property within the City in that the architecture of the off bunkhouse, main barn and other structures incorporates features and building materials that are consistent with the Community Development Standards of the Zoning Development Code for a rural residential area. Conditional Use Permit 96-18M and Development Review 96-23M consisting of a horse boarding and training facility for up to 80 homes with barns, stalls, practice and show arenas, bunk house, office, restrooms and parking on two separate, legal parcels totaling 52.5 g (APN 322-011-08 & 09), as shown on the plans dated April 20, 2000 is hereby approved subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. Eo 2276 Resolution No. P-00-71 Page 5 The use conditionally granted by this approval shall not be conducted in such a to inter[ere with th 31e use and enjoyment of the surrounding residential uses. This conditional use permit may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may h -1 during the past year. In the event that either of the two pamels upon which the horse boarding and training facility pursuant to Conditional Use Permit 96-18M and Development Review Permit 96-23M is located come under separate ownership, and one of the ownerships wishes to terminate the use on its parcel, the property owners shall request a public hearing prior to 1 :the use 1' : Conditional Use Permit 96-18M. Prior to termination of the use, this CUP shall be revoked in its entirety. A property owner may request approval of a modification to the Conditional Use Permit to allow the facility to remain on one of the lots. Such modification shall be subject to a public hearing and must be approved and the facility :1 on one of the parcels pdorl :the facility on the other parcel. The applicant shall sign an agreement that acknowledges the fact that a permit revocation request from either property Id result in the permit being revoked on both parcels, :lification to the conditional use permit is approved and implemented prior to either the sale of, or the cessation of the use on, one of the parcels. The form and content of said agreement shall be to the : the City Attorney. If the City Council d that groundwater usage is adversely affecting groundwater use by other well users off-site, groundwater shall cease or be reduced as directed by the City Council. in the event such direction is not complied with by the applicant, this Conditional Use Permit may, after public hearing, be modified or revoked. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the condir ~ ' :1 herein. The applicant shall comply with the Poway Municipal Code and the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances. Prior1 :a building permit the applicant shall obtain approval of a grading permit. Compliance with the following conditions is required prior1 :the grading permit: The applicant shall submit a revised site plan for approval by the Director of Development Services showing the following: 2277 Resolution No. P~)0-71 Page 6 Eliminate the '~uture residence" on Parcel 4, the easterly parcel. Show the eq ;]lng area and trail site is approved by the City. :her location off- Trash receptacles shall 1: J by a six foot high masonry wall with view-obstructing gates. L ~all be subject to approval by the Director of Development Services. A revised site plan shall show all required parking at one space per five homes boarded (up to 16) plus additional spaces for employees and a ' ' ~ 40 spaces to :late overflow parking for special events. Twenty (20) of the 40 extra parking spaces shall be the standard 8.5'x 18.5' and 20 of the parking spaces shall be 10'x 40' to handle vehicles towing horse trailers. All parking lot landscaping shall include a size tree for every three spaces. one 15 gallon All two-way trail' 3all be a ' ' :25 feet wide· All parking spaces shall be delineated with wheel stops. Th ' ' d' for standard sized parking stalls shall be 8.5' x 18.5'. The parking tot design shall comply with the Americans with Disabilities Act; i.e., 1:25 ratio for accessible spaces with one van accessible space. All parking stalls shall observe a minimum 25 foot setback from the dght of way. Parking stalls that are parallel to the street shall observe · ' 40 foot setback from the right of way. Parking lot lights shall be iow p :lium and h height of 25 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and buildings on adjacent lots. Light standards for th I be limited to a height of 30 feet and utilize high p Jium lights. The fixtures shall be shielded with well defined cut-off limits to confine illumination to the y. All setbacks for the RR-A zone shall be met. All development, including, but not limited to the bunkhouse, located within the undisturbed Coastal Sage Scrub (CSS) along the 2278 Resolution No.P-00-71 Page 7 southwestern property line of Parcel 3 to TPM 98-14R shall be moved out of the habitat area and a biological : placed over the undisturbed CSS to the satisfaction of the Director. A grading plan for the development of the project, prepared on mylar at a scale of 1"=20', shall be submitted to the Development Services Department, Engineering Division for review and approval. At a ' ' the grading plan shall show the following: All new slopes with a 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum five foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to ~ a grading permit. Driveways, in compliance with the si: provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with th ' ~ grades. A separate erosion control plan for prevention of sediment run-off during construction. All utilities (proposed and existing), together with their appurtenances and associated Encroach not permitted upon any easement without an approved encroachment agreement/permit. L respective approp : all utility boxes, cleady identified in coordination with the utility companies, and approved by the City with ;] prior to any installation work. The City of Poway equestrian/pedestrian trail easement in conjunction with the proposed grading. The proposed grading and imp shall not interr ~ upon th :. All on-site biological ',s shall be shown. During grading of the site th areas shall be staked to th ~ the Director of Development Services. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of 2279 Resolution No.P-00-71 Page 8 handling and disposing all surface water within the project site and all surf flowing onto the project site from adjacent lands. Said system shall include all required to propedy handle the drainage. Concentrated f~ driveways are not permitted. The applicant shall pay all applicable engineering, plan checking, and inspection fees. The driveway construction cost shall be included in the cost for plan checking and d ~ inspection fees. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses th : the storm drain system. The SWPPP shall include, but not be limited to, an effective method of :1 I: :1 sediment control, a material storage site, to protect construction material from being exposed I ~, methods 1' :1 cleaning of horse training facilities, and barns, protection of all drainage ways, :1 '1 truck wash and :1 other means of Best Management Practices 1 pollutants from entering the storm drain system. Applicant shall certify the SWPPP prior to approval of the grading plan. The applicant shall file with the State Department of Water Resources a under Statewide General C Storm Water Permit (NOI), of which proof of acceptance shall be submitted to the Development Services Department - Engineering Division prior to issuance of a grading permit. Application forms may be obtained from Development Services upon request. For additional inquiries regarding NOI, pi State Water Resources Control Board, Division of Water Quality Attention: Storm Water Permit Unit P.O. Box 1977 S CA 95812-1977 (916) 657-0757 Grading the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. Monitoring of the initial grubbing, clearing and first bulldozer blading will be required by a qualified archaeologist. The plans shall that no native trees shall be removed, if any existing on-site trees are later proposed for removal, such trees shall be evaluated 1' based on the Chapter 12.32 of the Poway 10. 11. 12. Resolution No. P-00-71 Page 9 Municipal Code relating to trees and urban forestry standards of the California Department of Forestry and Fire Protection. The applicant shall record a biological conservation over approximately 1.7 acres of Coastal Sage Scrub (CSS) habitat to relJlace the habitat removed due 1 ~ the project to the satisfaction of the Director of Development Services. In addition, I: = an estimated 7.45 acres of disturbed C$S located to the west, north and southeast of the knoll and the approximately 0.8 acres of CSS located along the southwestern property line of Parcel 3 of TPM 98-14R will be preserved by the applicant's recordation of a biological conservation over those areas in :h the City's Habitat C Plan and to the satisfaction of the Director of Development Services. Maintain a 100 foot ' ' :back from the nearest portion of the home boarding and training facility to the ephemeral :ljacent parcel to the north. Show the stream and setback on the grading plans and a revised site plan to be submitted for City :1 approval. The public eq ~ ;~ing area, required by Resolution No. P-99-56 for TPM 98-14R, shall be provided on APN 322-011-08 or 09 to the satisfaction of the City's Trail Coordinator unless the applicant can find an off-site location that is acceptable to the City and CalTrans. The staging area and trail system shall be improved to City standards, including but not limited to fencing and signage. The trail and staging area are to be shown on the grading and improvement plans and improvements are to be prior to acceptance of the road improvements to Poway Road as required by Resolution No. P-99-56 for TPM 98-14R. No grading is allowed on undisturbed habitat between February 15 and August 15, the nesting season for the California Gnatcatcher and other bird species. Landscaping shall be installed along the Highway 67 and Poway Road frontages in such not to interfere with sight distance per an approved grading and landscaping plan. The landscaped setback shall be 30 to 100 feet in width (the 100 foot width at th ;the roads). An earthen berm of up to three feet in height shall b :1 along the Highway 67 frontage (with the actual height determined through review of a landscape plan). The landscaping will consist of drought-tolerant trees and Iow shrubbery served by ' ~ irrigation fixtures. On-site rock will be used extensively for ground cover and Irol. A landscape and irrigation plan using Iow-flow fixtures shall be submitted in accordance with the City's Guide to Landscape Req ' Landscape plan check and inspection fees shall be collected per the adopted fee schedule. Resolution No.P-00-71 Page10 13. A plan for augmenting the on-site well water usage shall be submitted to d a means to provide extra water at peak times, e.g. using a water truck to bdng in water from an approved off-site location during Ihs and drought years. The plan shall also include to be implement should ground water supplies in the area drop significantly at any time. Th '1 indicate how the facility will reduce the water drawn from wells to no more than would be used by full residential development of the property at current zoning and assuming the citywide average war 3tion per household. Trucking in additional water is allowable until Is are recharged to prior levels. The applicant shall comply with the following conditions prior to issuance of a building permit: The site shall be developed in accordance with the approved site plan and building " file in the Development Services Department and the condil' ~ ' :1 herein. Grading of the site shall I; Jance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading p 3table to the City. Rough grading is to be completed and meet the approval of the City inspector and shall include submittal of the following: A certification of line and grade, prepared by the engineer of work. A final soil compaction report 1' J approval by the City. The following development fees shall be paid. These fees are currently in effect and are subject to change without notice: = $990 for the bunk house plus $10 per horse Park = $2,720 = $1,570 Leach field layout or seepage pit layout for the sewage disposal system shall be submitted to the City's Development Services Department 1':1 approval by the City Engineer prior to obtaining a septic sy ' ' lation permit from the County of San Diego Department of Health. If a septic s~, ' lation permit had already been obtained, a layout plan shall be submitted to the City for review prior to installation of leach lines. 5. Low-flow plumbing fixtures shall be used in all structures. Jo 2282 Resolution No.P-00-71 Page 11 The pi wow all placed underground. In addition, the location, size and method of screening all utility boxes shall be shown. School impact fees shall be paid at the rate established at the time of building I: PI le Poway Unified School District for additional information at (858) 748-0010, Ext. 2089. Plans for water, sewer, and fire protection systems shall be designed and constructed to meet the req ' : the City of Poway. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened -I sound buffered from adjacent properties and streets as required to the satisfaction of the Director of Development Services. 10. Th the building shall b l with the approved colors on file in the Development Services Department. 11. Any secudty lighting shall be shown on the building plans and utilize Iow pressure sodium fixtures. The fixtures shall be shielded with well defined cut-off limits to confine illumination to onsite areas only. Wall mounted secudty lights shall only be used on th ':les of buildings. 12, A bunk house shall be provided for the employees in accordance with the p ' ' fthe Housing Element of the Poway General Plan. 13. Submit design and construction details for the coded entry gate to the Development Services and Safety Services Departments for review and approval. 14. Submit plans and details for installation of peripheral fencing at th off Poway Road. Materials for the fencing shall be a type of fencing to the sal' ' : the Director of Development Services. 15. Submit plans and details for installation of farm fencing of five feet in height with metal posts at eight to ten foot :1 three strands of :l the periphery of the 50 acres. The applicant shall provide the following improvements to the Director of Safety Services: of the Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64 (all structures). 11. 12. 13. 2283 Resolution No.P~0-71 Page12 The building shall display its Jdress in a 31e from the .. M 'the building numbers shall be six inches on the front facade of the building. Building addresses shall also be displayed on the roof in a Iisfactory to the Director of Safety Services, and meeting Sheriffs Dept. - ASTREA criteria. Every building hereafl' :1 shall be accessible to fire department apparatus by way of :lways with all-weather ddving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13', 6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The pdmary residence and bunk house shall sy ' led. ':lential fire sprinkler Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. This shall apply to all non-residential Two 10,000 gallon water tanks shall be installed to support fire sprinkler requirement. Locations to be determined by fire department. Install a fire department connection to support on-site fire protection req Location to be determined by fire department. All water for fire protection systems shall be in place prior to construction of any structures. All :lways shall b ;lance with City standards. Dead end fire apl; ~way : 150 feet long shall be provided with approved provisions for the tuming around of emergency apparatus. If applicable, fire lanes may be required. All electric gates shall be provided with K ':le key switches. If applicable, the applicant shall comply with the City of Poway Guide to Landscape M ' it relates to fire management zones. 2284 Resolution No. PQ0-71 Page13 The applicant shall comply with the following conditions during Driveways, drainage facilities, slope landscaping and protection utilities, and (including :1 re-alignments) shall be constructed, completed, and inspected by the Engineering Inspector. Driveways shall b ~ in accordance with Poway Municipal Code, Section 17.08.170D, and its structural section shall be shown on the grading plan. The developer shall, to the satisfaction of the City Engineer, repair any and all damages to the existing road imp Poway Road caused by ;tivity from this project. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the grading ordinance. Record drawings shall be submitted to allow the City adequate time f :1 approval prior to ; occupancy and release of grading securities. The public imp Engineer. ~all be completed to the satisfaction of the City Non-supervised 3ineered fill is not allowed. Rock disposal areas shall be graded in compliance with City approved soils dations and the approved grading plans. Erosion control, including but not limited to desiltation basins, shall be installed and ~ by the developer from October 15 to April 15. The developer shall I devices throughout their intended life. o All new utilities within the project shall be placed Underground. The applicant shall be responsible for th :1 undergrounding of existing public utilities less than 34.5 kV, unless specifically waived by the Director of Development Services. Pdor to rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, and a blasting permit shall be obtained from the Engineering Division. S ' lings shall be taken for all blasting. Blasting shall occur only at I :1 levels approved by the Director of Development Services. Resolution No. P- 00-71 Page 14 P '" any work within City-held ',..3ht-of-way, a Right- of Way permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 10. Imp for the Poway Road access shall be installed as shown on the signing and striping plan in the "Traffic Impact Analysis: Poway Equi-Plex" prepared by Linscott, Law & Greenspan in January 1997. The applicant shall comply with the following conditions prior to occupancy: Prior to any use of the project site or business activity being :1 thereof, all conditions of approval contained herein shall be completed to the : the Director of Development Services. Any signs proposed for this development shall be designed and approved in ~h the Sign Ordinance. Permanent i' :h access for persons with physical disabilities shall be provided by the time the facility is ready to open. A street light (with Iow pressure sodium fixture) shall be installed at the :th :1 and Poway Road. Upon establishment of the use, the applicant shall comply with the following: The hours of operation shall be between 7:00 a.m. and 9:00 p.m. except when special Ihorized by Temporary Use Permit that extends the hours to 10:00 p.m. All lighting on-site shall b :1 so that light and glare does not shine towards surrounding properties and turned off when the facility is not in use. No amplified sound system, or paging system, may be used except for special events permitted by Temporary Use Permit and in compliance with the Noise Ordinance of the Poway Municipal Code. A site inspection by the County Health Department and/or the Regional Water Quality Control Board will be required within two months of opening, if deemed necessary by the Director of Development Services, to verify that '(piling and usage on the site is handled ' ~le way so as to avoid groundwater and surl' quality impacts. Manure handling shall comply with Section 17.32.010 (F) of the Poway Municipal Code. Resolution No. P-00-71 Page 15 The operation shall b :1 ' :l sanitary condition. Animal pens and arenas shall be cleaned on a daily basis with manure removed from the site at least once per month so as to avoid impacts to groundwater or t ~1 off-site sud' Watedng for dust control will :led 1 ' ' dust reaching off- site properties and the nearby roadways. The interior roads and parking area with asphalt surfacing shall b -I in good condition for the life of the facility. A temporary use permit (TUP) shall be obtained for any special events such as small horse shows or other eq that would draw additional visitors or horses to the site beyond those who regularly board horses, and the horses who are boarded, on the site. Prior to issuance of a TUP, improved parking spaces 1 :late the projected number of visitors must be provided. No rental homes are to b :1 on-site. Trainer/schooling horses are allowed in addition to horse boarders. Rules and regulations shall be enfomed that will direct horse dders to use only the existing trail network and discourage trespassing on adjacent properties. The applicant shall truck to bring ' 3proved off- site location dudng :hs and drought years or for special events authorized by temporary use permit if the on-site wells are not able to :late th 10. The eighty (80). number of horses to be kept on the site shall not exceed 11. The findings of the ground dated August 19, 1997 ' shall be followed with regard to determining productivity of the aquifer and availability of ground water. The approval of CUP 96-18M and DR 96-23M shall expire on September 12, 2002 at 5:00 p.m. unless prior to that time a building permit has been issued and on the property in the project approval h :l prior to its expiration. Resolution No. P- 00-71 Page 16 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 12th day of September, 2000. ATTEST: Mich~, gna,/ yor Lori~nne Peoples, City CIE STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) 1, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P- 00-71 , was duly adopted by the City Council at a meeting of said City Council held on the 12th day of September, 2000 and that it was so adopted by the following vote: AYES: EMERY, REXFORD, CAFAGNA NOES: GOLDBY ABSTAIN: NONE ABSENT: HIGGINSON Lori ~Anne Peoples, City Cie k City'of Poway Resolution No.P-00-71 Page 17 EXHIBIT a MITIGATION MONITORING PROGRAM FOR CONDITIONAL USE PERMIT 96-18M & DEVELOPMENT REVIEW 96-23M he California E Quality Act (CEQA) requires a Mitigation Monitoring Program pursuant to alifomia Public Resources Code, Section 21081.6). The following Mitigation Monitoring Program J mitLq * ~ ~ viewed and approved by the City of Poway City Council and the party responsible for imp Miti ~en berm and landscaping per an PI and landscal h GY Record a biolo_q fo ~or to grading pplicant ndisturbed habitat and dedicate additional land ' ' · a 2:1 mitigation ratio for habitat that is moved. 2) Observe 100' setback from phemerel ~ of site. ULTURAL onitodng of the initial stages of grading by a unng mitial stage pplicant, City esources ~aeologist will be required, s. ite grading; pre- ~ancy pplicant ~D Best management p be plemented by the County ealth Dep ~ a site inspection by the ounty Health D artment and/or the Regional /ater Quality Cv, trol Board with' ~s o~ pening to verify ( iling and -age on the site s handled ' 31e way as to avoid groundwater and su --ce water uality impacts. Manure handling s II comply 'th Section 17.32.010 (F) of the Poway unicipal Code. 2) M q: I e kept away f ~ slopes with ~ ( up of surplus anure by a topsoil mpany or another arty. ground water supp es in the area drop y 25 ercent b the facility shall re 'ce th ater drawn from we ~ 6 0 allons per day plus up to 350 gallons for andscape watedng as would be used by full sidential development of the property at curre oning and assuming the citywide average daily ~tion I: :1 of 325 gallon Prepare and comply with a Storm Water ollution Prevention Plan, e pon establishme the use pplicant )HT & GLARE RAFFIC ResoLution No. P-00-71 Page 18 ¥ will be hielded downward and directed away from eighboring properties dudng periodic use of the rena up until 9:00 p.m. (up to 10:00 p.m. with a U Pay Traffic Mitigation Fees to the Engineering ervices Del: lin 30 days of the pproval of this use permit. The fee shall be paid : $10 multiplied by umber of homes approved for boarding at the cility. 2) Install iml: lown on the gning and striping plan. the use. ~ancy pplicant