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Release of Covenant 2019-0218538RECORDING REQUESTED BY: Clerk, City Council City of Poway WHEN RECORDED MAIL TO: City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: City Clerk APN: 322-011-09 RELEASE OF COVENANT DOC# 2019-0218538 111111 IIII IIIII IIIII III 111111 II I I II IIII IIIII I II III III IIII Jun 06, 2019 11:33 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $89.00 (SI92 Atkins: $0.00) PAGES: 26 THIS RELEASE OF COVENANT (this "Release") dated as of April 8, 2019, is executed and delivered by the CITY OF Poway, a municipal corporation ("City"), to and in favor of the PEPPERTREE FARMS, LLC and its successors and assigns ("Owner"). RECITALS A. Owner is the owner of certain real property in the City consisting of Assessor's Parcel Number (APN) 322-011-09 ("Propert "), more particularly described in the legal description attached hereto as Exhibit "A". B. The former owner of the Property ("Lucidi"), who at the time also owned APN 322-011-08, obtained approval of Conditional Use Permit (CUP) 96-18M and Development Review (DR) 96-23M from the City on or about September 12, 2000 allowing a horse boarding and training facility and ancillary uses on both parcels (the "Project"). C. Following the aforementioned approvals, Lucidi and the City executed ' a document entitled "Covenant Regrading Real Property" for the purpose of enforcing the City's conditions of approval for the Project, which was recorded on both parcels with the San Diego County's Recorder's Office as Document Number 2000-0571742 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Exhibit "B". D. Lucidi no longer owns the Property, which is no longer part of the Project, as the Project was developed entirely on APN 322-011-08. As a result, there is no need for the conditions of approval imposed on the Project and enforced by the Covenant to apply to the Property, now under the entirely separate ownership of Owner. E. The City and Owner both wish to enter into this Release to confirm that the Covenant no longer applies to the Property, and expunge the same from the Property's record of title. NOW, THEREFORE, for good and valuable consideration, the City hereby represents and warrants to, and covenants and agrees with, Owner as follows: 1. The conditions of approval imposed by the Covenant no longer apply to the Property, and the City hereby releases, discharges, forever disclaims and expunges from title of the Property all obligations set forth in the Covenant in favor of the City. 2. This Release shall inure to the benefit of Owner and its successors and assigns and shall be binding on the City and its successors and assigns. IN WITNESS WHEREOF, City and Owner have executed this Release as of the date first written above. City of Poway, A municipal corporation By: 1"Id.&- 4 bert J. Ma is, Dire for ofQpkelopment Services Owner Peppertree Farms LLC By: PACIFIC HORIZON FINANCIAL, INC. ITS: Manager BY: Tracy Hatfield ITS: Vice President M. DIM, ollrm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Diego ) On )(LA o2.0119 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer �� personally appeared be(L 7[• V i . aA iS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) -whose name(e� Wan, subscribed to the within instrument and acknowledged to me that he/sem/tl;t6y executed the same in his/ber/tl�l'r authorized capacity(igg), and that by his4felthittr signatureWon the instrument the personM, or the entity upon behalf of which the person<acted, executed the instrument. YVONNE MANNION Notary Public - California Z San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JM9A ,/1:0 00 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: >42 1eg X, t: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego .d On LL/1 P_ , ��Lt� f �� before me, Date personally appeared Yvonne Mannion Notary Public Here Insert Name and Title of the Officer (s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)- whose name(&) is/afe subscribed to the within instrument and acknowledged to me that .he/she/they executed the same in bis/her/ter authorized capacity(ies), and that by hWher/their signature(sj on the instrument the person(s), or the entity upon behalf of which the persono acted, executed the instrument. YVONNE MANNION Notary Public - California Z San Diego County n Commission # 2201766 My Comm, Expires Jun 18, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 322-011-09-00 Parcel A: Parcel 4 of Parcel Map No. 18327, in the City of Poway, County of San Diego, State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County. August 20, 1999. Parcel B: An easement for the right of access, ingress and egress over and across that portion of Parcel 3 of Parcel Map No. 18327, in the City of Poway, County of San Diego, State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County. August 20, 1999, described as follows: Beginning at the Southeast corner of said Parcel 3; thence along the East line of said Parcel 3, North 06°05'45" West, 170 feet; thence leaving said East line, South 64°00'00" West, 80 feet; thence, South 57°00'00" East, 50 feet; thence, South 20°00'00" East, 55 feet; thence, South 0000'00" West, 60 feet, thence, North 80028'48" East 30 feet to the point of beginning. TA Preliminary Report Form - Modified (Adopted: 11.17.2006) Printed: 01.24.19@09:45 AM 3 CA -CT -F W DO -02180.055820-S P S-1-19-73718008613 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P0BOX 789 POWAY CA 92074.0789 No Transfer Tax Due EXHIBIT "B" 0C # 2000-057.742 2269 OCT 24, 2000 8:42 IAA's OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GRE60RY J. MITH. COUNTY RECORDER FEES: 67.00 2000-0571742 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Joseph G. and Lisa B. Lucid!, 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 is commonly known as Assessor's Parcel 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, successors, heirs, personal representatives, transferees and 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 provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNER: Dated: 1011Z160 dd By; (Notarize) OWNER: Dated: 104-10) Dated: ;'D, N:\CITY\PLANNING\FORMS\CUP9618M.COV - Order: 73718007789 Doc: 2000-571742 REC ALL (Notarize) CITY OF POWAY By:.�� Niall Fritz, Director of bevelopment Services Page 1 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM 7 2210 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of ..SeOA2 On- •0C)_ before me, .OL� Date personally appeared Name(e) of Signer(e) ❑ personally known to me – OR – & 'Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 19/are subscribed to the within instrument and acknowledged to me that he#she/they executed the same in hie/her/their authorized capacity(ies), and that by 4tieftritheir slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 1. OFFICLALSEAL executed the instrument. 01 GLIENDA S. RICHARDS, NOTARY PUBLIC -CALIFORNIA s COMM. NO. 1225924 SAN DIEGO COUNTY MY COMM. EXP. JULY 16,20D3 WITN S my hand and official seal. signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persona relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document Date Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:Q-�r;ai, individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: - Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: 2/S:aav- Lai► d r` ell'ndividual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other: I Top of thumb here Signer Is Representing - n m —u— - ozoo nemmec Ave., r.v. uox 71 tR - Canoga Nara, CA 91309-7184 Prod. No. 5907 Reorder: Cal Toll -Free 1-800-87"827 Order: 73718007789 Page 2 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2271 EXHIBIT I of Legal Description 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. E:IPLAN N I NGIFORMSICUP9818M.LEG Order: 73718007789 Page 3 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL ff EXHIBIT B 2272 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 Lucidl, applicants, requests approval to modify an approved CUP and DR to construct a horse boarding and training facility for up to 80 horses (previously 150) with barns, stalls, practice and show arenas, bunk house, office, restrooms, parking on a 52.5 acre (previously 100 acre) site and elimination 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 above -referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), 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 EIS and MND. The subject EIS and MND documentation is fully Incorporated herein by this reference. The City Council finds that the mitigation measures contained in the EIS 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 6.1.13 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: A. 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 preserves and protects within recorded biological conservation easement deeds an estimated 1.7 acres of undisturbed Coastal Sage Scrub (CSS) to replace habitat to be removed. In addition, preservation of the estimated 7.45 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 b€ologlcal conservation easement in conformance with the City's Habitat Conservation Plan. Wider: 73718007789 Page 4 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 22;3 Resolution No. P- 00-71 Page 2 B. An additional mitigation requirement is identified in the proposed MND; i.e., that the horse facility maintain a 100 foot minimum setback from the ephemeral stream on the adjacent parcel to the north. C. 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 Cornerstone 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. To reconcile the on-site habitat preservation, as anticipated by the Poway Habitat Conservation Plan (Poway HCP), 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 conservation easement in conformance with the City's Habitat Conservation Plan. D. 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 conservation easement deeds that will remain as protected open space, and the undisturbed coastal sage scrub habitat within the protected open space will benefit the threatened California Gnatcatcher as well as other "covered species" and their habitats found in the PSHCP mitigation area and adjacent habitat conservation areas. E. The mitigation will foster the incremental Implementation of the PSHCP in an effective and efficient manner in that the onsite mitigation areas are contiguous and are connected to the Rattlesnake Canyon Preserve permanent open space in the vicinity to the west. The onsite mitigation will be set aside by the project proponent in accordance with the PSHCP and the onsite mitigation will conserve and protect a significant amount of biological open space in the mitigation area in perpetuity. F. The mitigation will not result in a negative fiscal impact with regard to the successful 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 conservation easement deeds. Section 3: 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 to construct a horse boarding and training facility for up to 80 horses with barns, stalls, practice and show arenas, bunk house, office, restrooms, parking on two separate, legal parcels totaling 52.5 gross acres at the northwest corner of Poway Road and Highway 67 within the RR -A zone, are made as follows: w- rder: 73718007789 Page 5 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2274 Resolution No. P-00-71 Page 3 A. The approved project is consistent 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. B. The location, size, design, and operating characteristics of the approved 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, structures, or natural resources, 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. C. The harmony in scale, bulk, coverage, and density is consistent with adjacent uses because horse stables of 20 or more horses are a 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. D. There are available public facilities, services, and utilities because the use will be located in an area where all necessary facilities are available to the boundary of the property or can be provided on-site. E. There will not be a harmful effect upon desirable neighborhood characteristics, in that the site Is 52.5 acres In size and the conditions of approval will ensure that the use is conducted in such a way that is to be compatible with surrounding properties. F. The generation of traffic will not adversely impact surrounding streets and/or the City's Transportation Element, in that an access point has been selected to provide safe access to the adjacent street, the projected volume of traffic will not be a significant impact relative to existing traffic volumes, traffic mitigation fees will be paid and the applicant is required to provide on-site parking. G. 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 to accommodate the use. H. There will not be significant harmful effects upon environmental quality and natural resources because undisturbed habitat will be set aside on the periphery of the site and in the vicinity to offset any habitat removed. I. There are no other relevant negative impacts of the development that cannot be mitigated. J. The impacts and the location, size, design and operating characteristics of the approved use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious Order: 73718007789 Page 6 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 22'5 Resolution No. P-00-71 Page 4 to properties or improvements in 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 operation and traffic movements will be facilitated by installation of a left -turn lane at the Poway Road entrance and a deceleration lane along the Poway Road frontage from Highway 67. K. The proposed conditional use will comply with each of the applicable provisions of Poway Municipal Code Sec. 17.48.070. Sectio : 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 horses with barns, stalls, practice and show arenas, bunk house, office, restrooms, parking on two separate, legal parcels totaling 52.5 gross acres, northwest corner of Poway Road and Highway 67 within the RR -A zone, are made as follows: A. The approved project is consistent with the General Plan, as a horse boarding, training and riding 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. B. 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 criteria for other horse boarding, training and riding facilities and will be compatible with existing land uses in the vicinity. C. The approved project encourages the orderly and harmonious appearance of structures and property within the City In that the architecture of the office/restrooms, 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. Section 5: Conditional Use Permit 96-18M and Development Review 96-23M consisting of a horse boarding and training facility for up to 80 horses with barns, stalls, practice and show arenas, bunk house, office, restrooms and parking on two separate, legal parcels totaling 52.5 gross acres (APN 322-011-08 & 09), as shown on the pians dated April 20, 2000 is hereby approved subject to the following conditions: A. 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. - Order: 73718007789 Page 7 of 21 Requested By: Bill 5chuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2276 Resolution No. P-00-71 Page 5 B. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of the surrounding residential uses. C. 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 address concerns that may have occurred during the past year. D. In the event that either of the two parcels 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 termination of the use for revocation of 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 constructed on one of the parcels prior to cessation of the facility on the other parcel. The applicant shall sign an agreement that acknowledges the fact that a permit revocation request from either property owner would result in the permit being revoked on both parcels, unless a modification 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 satisfaction of the City Attorney. E. If the City Council determines 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. F. The site shall be developed In accordance with the approved site plans on file In the Development Services Department and the conditions contained herein. G. 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. H. Prior to issuance of a building permit the applicant shall obtain approval of a grading permit. Compliance with the following conditions is required prior to issuance of the grading permit: I. The applicant shall submit a revised site plan for approval by the Director of Development Services showing the following: `Ord er: 73718007789 Page 8 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 22%7 Resolution No: P-00-71 Page 6 a. Eliminate the 'future residence" on Parcel 4, the easterly parcel. b. Show the equestrian staging area and trail unless another location Off- site is approved by the City, C. Trash receptacles shall be enclosed by a six foot high masonry wall with view -obstructing gates. Locations shall be subject to approval by the Director of Development Services. d. A revised site plan shall show all required parking at one space per five horses boarded (up to 16) plus additional spaces for employees and a minimum of 40 spaces to accommodate 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. e. All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three spaces. f. All two-way traffic aisles shall be a minimum of 25 feet wide. g. All parking spaces shall be delineated with wheel stops. The minimum dimensions for standard sized parking stalls shall be 8.5'x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act; i.e., 1:25 ratio for accessible spaces with one van accessible space. h. All parking stalls shall observe a minimum 25 foot setback from the right of way. Parking stalls that are parallel to the street shall observe a minimum 40 foot setback from the right of way. I. Parking lot lights shall be low pressure sodium and have a maximum 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. j. Light standards for the arenas will be limited to a maximum height of 30 feet and utilize high pressure sodium lights. The fixtures shall be shielded with well defined cut-off limits to confine illumination to the arenas only. k. All setbacks for the RR -A zone shall be met. I. All development, including, but not limited to the bunkhouse, located within the undisturbed Coastal Sage Scrub (CSS) along the Order: 73718007789 Page 9 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 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 conservation easement placed over the undisturbed CSS to the satisfaction of the Director. 2. 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. Ata minimum, the grading plan shall show the following: a. All new slopes with a maximum 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 issuance of a grading permit. b. Driveways, In compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and Including minimum . structural sections together with their elevations and grades. C. A separate erosion control plan for prevention of sediment run-off during construction. d. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved encroachment agreement/permit. e. Locations of all utility boxes, clearly identified In coordination with the respective utility companies, and approved by the City with appropriate screening prior to any Installation work, f. The City of Poway equestrian/pedestrian trail easement in conjunction with the proposed grading. The proposed grading and improvements shall not interfere or encroach upon the easement. g.. All on-site biological conservation easements shall be shown. During grading of the site the on-site conservation areas shall be staked to the satisfaction of 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 Order: 73718007789 Page 10 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2279 Resolution No. P-00-71 Page 8. handling and disposing all surface water within the project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 3. The applicant shall pay all applicable engineering, plan checking, and inspection fees. The driveway construction cost shall be included in the cost estimates for plan checking and determination of inspection fees. 4. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non -storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of construction, and post -construction erosion and sediment control, a material storage site, measures to protect construction material from being exposed to storm runoff, methods for maintenance and cleaning of horse training facilities, and barns, protection of all drainage ways, streams, and Inlets, on-site concrete truck wash and waste control, and other means of Best Management Practices to eliminate 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 Notice of Intent under Statewide General Construction 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, please contact: State Water Resources Control Board, Division of Water Quality Attention: Storm Water Permit Unit P.O. Box 1977 Sacramento, CA 95812-1977 (916) 657-0757 5. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. 6. Monitoring of the initial grubbing, clearing and first bulldozer blading will be required by a qualified archaeologist. 7. The plans shall contain a note that no native trees shall be removed. If any existing on-site trees are later proposed for removal, such trees shall be evaluated for retention or removal based on the Chapter 12.32 of the Poway Order: 73718007789 Page 11 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2280 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. 8. The applicant shall record a biological conservation easement over approximately 1.7 acres of Coastal Sage Scrub (CSS) habitat to replace the habitat removed due to construction of the project to the satisfaction of the Director of Development Services. In addition, preservation of an estimated 7.45 acres of disturbed CSS 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 easement over those areas In conformance with the City's Habitat Conservation Plan and to the satisfaction of the Director of Development Services. 9. Maintain a 100 foot minimum setback from the nearest portion of the horse boarding and training facility to the ephemeral stream on an adjacent parcel to the north. Show the stream and setback on the grading pians and a revised site plan to be submitted for City review and approval. 10. The public equestrian staging 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 constructed prior to acceptance of the road improvements to Poway Road as required by Resolution No. P-99-56 for TPM 98-14R. 11. No grading is allowed on undisturbed habitat between February 15 and August 15, the nesting season for the California Gnatcatcher and other bird species. 12. Landscaping shall be installed along the Highway 67 and Poway Road frontages in such a manner so as 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 the intersection of the roads). An earthen berm of up to three feet in height shall be constructed 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 low shrubbery served by water -conserving irrigation fixtures. On-site rock will be used extensively for ground cover and erosion control. A landscape and irrigation plan using low -flow fixtures shall be submitted in accordance with the City's Guide to Landscape Requirements. Landscape plan check and inspection fees shall be collected per the adopted fee schedule. Order: 73718007789 Page 12 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2281 Resolution No. P- 00-71 Page 10 13. A plan for augmenting the on-site well water usage shall be submitted to demonstrate a means to provide extra water at peak times, e.g, using a water truck to bring in water from an approved off-site location during summer months and drought years. The plan shall also include measures to be implement should ground water supplies In the area drop significantly at any time. The measures will 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 water consumption per household. Trucking in additional water is allowable until on-site wells are recharged to prior levels. The applicant shall comply with the following conditions prior to issuance of a building permit: 1. The site shall be developed in accordance with the approved site plan and building elevations on file in the Development Services Department and the conditions contained herein. Grading of the site shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Rough grading is to be completed and meet the approval of the City inspector and shall include submittal of the following: a. A certification of line and grade, prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 3. The following development fees shall be paid. These fees are currently in effect and are subject to change without notice: Traffic Mitigation = $990 for the bunk house plus $10 per horse Par - $2,720, arainage _ $1,570 4. Leach field layout or seepage pit layout for the sewage disposal system shall be submitted to the City's Development Services Department for review and approval by the City Engineer prior to obtaining a septic system installation permit from the County of San Diego Department of Health. If a septic system installation 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 - Order: 73718007789 Page 13 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2282 Resolution No. P-00-71 Page 11 6. The plans shall show all new utilities placed underground. In addition, the location, size and method of screening all utility boxes shall be shown. 7. School impact fees shall be paid at the rate established at the time of building permit issuance. Please contact the Poway Unified School District for additional information at (858) 748-0010, Ext. 2089. 8. Plans for water, sewer, and fire protection systems shall be designed and constructed to meet the requirements of the City of Poway. 9. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required to the satisfaction of the Director of Development Services. 10. The colors on the building shall be consistent with the approved colors on file in the Development Services Department, 11. Any security lighting shall be shown on the building plans and utilize low pressure sodium fixtures. The fixtures shall be shielded with well defined cut-off limits to confine Illumination to onsite areas only. Wall mounted security lights shall only be used on the rear or interior sides of buildings. 12. A bunk house shall be provided for the employees in accordance with the provisions of the 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 the entrance off Poway Road. Materials for the fencing shall be a type of fencing to the satisfaction of 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 intervals and three strands of wire around the periphery of the 50 acres. J. The applicant shall provide the following improvements to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as. per UBC Section 3203(e) and City of Poway Ordinance No. 64 (all structures). Order: 73718007789 Page 14 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2283 Resolution No. P-00-71 Page 12 2. The building shall display its numeric address in a manner visible from the access street. Minimum size of 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 manner satisfactory to the Director of Safety Services, and meeting Sheriffs Dept. - ASTREA criteria. 3. Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all-weather driving 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 clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 4. The primary residence and bunk house shall have a residential fire sprinkler system installed. 5. Minimum 2A:1 013C fire extinguisher required for every 3,000 square feet and 75' travel distance. This shall apply to all non-residential structures. 6. Two 10,000 gallon water tanks shall be installed to support fire sprinkler requirement. Locations to be determined by fire department. 7. Install a fire department connection to support on-site fire protection requirements. Location to be determined by fire department. 8. All water for fire protection systems shall be In place prior to construction of any structures. 9. All access roadways shall be in accordance with City standards. 10. Dead end fire apparatus access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of emergency apparatus. 11. 12 13. Order: 73718007789 Doc: 2000-571742 REC ALL If applicable, fire lanes may be required. All electric gates shall be provided with Knox override key switches. If applicable, the applicant shall comply with the City of Poway Guide to Landscape Maintenance as it relates to fire management zones. Page 15 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM 2284 Resolution No. P-00-71 Page 13 K. The applicant shall comply with the following conditions during construction: 1. Driveways, drainage facilities, slope landscaping and protection measures, utilities, and water mains (including extensions and re -alignments) shall be constructed, completed, and inspected by the Engineering Inspector. Driveways shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and its structural section shall be shown on the grading plan. 2. The developer shall, to the satisfaction of the City Engineer, repair any and all damages to the existing road improvements on Poway Road caused by construction activity from this project. 3. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.13013 of the grading ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 4. The public improvements shall be completed to the satisfaction of the City Engineer. 5. Non -supervised or non -engineered fill Is not allowed. Rock disposal areas shall be graded in compliance with City approved soils recommendations and the approved grading plans. 6. Erosion control, including but not limited to deslitation basins, shall be installed and maintained by the developer from October 15 to April 15. The developer shall maintain all erosion control devices throughout their intended life. 7. All new utilities within the project shall be placed'underground. The applicant shall be responsible for the relocation and undergrounding of existing public utilities less than 34.5 W, unless specifically waived by the Director of Development Services. 8. Prior 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. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. - Order: 73718007789 Page 16 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2285 Resolution No. P- 00-71 Page 14 9. Prior to start of any work within City -held easements or right-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. Improvements 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. L. The applicant shall comply with the following conditions prior to occupancy: 1. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services. 2. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. 3. Permanent on-site restroom facilities with access for persons with physical disabilities shall be provided by the time the facility Is ready to open. 4. A street light (with low pressure sodium fixture) shall be Installed at the Intersection of the access road and Poway Road. M. Upon establishment of the use, the applicant shall comply with the following: 1. The hours of operation shall be between 7:00 a.m. and 9:00 p.m. except when special events are authorized by Temporary Use Permit that extends the hours to 10:00 p.m. 2. All lighting on-site shall be maintained so that light and glare does not shine towards surrounding properties and turned off when the facility is not in use. 3. 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. 4. 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 manure stockpiling and usage on the site Is handled in a reasonable way so as to avoid groundwater and surface water quality impacts. Manure handling shall comply with Section 17.32.010 (p') of the Poway Municipal Code. ' Order: 73718007789 Page 17 of 21 Requested By: Bill 5chuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 2286 Resolution No. P-00-71 Page 15 5. The operation shall be maintained in a clean and 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 to on-site and off-site surface water courses. 6. Watering for dust control will occur as needed to minimize dust reaching off- site properties and the nearby roadways, The interior roads and parking area with asphalt surfacing shall be maintained in good condition for the life of the facility. 7. A temporary use permit (TUP) shall be obtained for any special events such as small horse shows or other equestrian events 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 to accommodate the projected number of visitors must be provided, 8. No rental horses are to be maintained on-site. Trainer/schooling horses are allowed in addition to horse boarders. Rules and regulations shall be enforced that will direct horse riders to use only the existing trail network and discourage trespassing on adjacent properties. 9. The applicant shall use a water truck to bring in water from an approved off- site location during summer months and drought years or for special events authorized by temporary use permit if the on-site wells are not able to accommodate the on-site uses. 10. The maximum number of horses to be kept on the site shall not exceed eighty (80). 11. The findings of the ground water resource evaluation dated August 19, 1997 shall be followed with regard to determining productivity of the aquifer and availability of ground water. Section 6: 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 construction on the property in reliance on the project approval has commenced prior to its expiration. Order: 73718007789 Page 18 of 21 Requested By: Doc: 2000-571742 REC ALL 2287 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: Lori nne Peoples, It-y-C—leRk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) Mich el P. afagna,,Mayor �J I, 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: HLGGI.NSON .. Lori nne Peoples, City Cle k City of Poway - Order: 73718007789 Page 19 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL Resolution No. P-00-71 Page 17 EXHIBIT A MITIGATION MONITORING PROGRAM FOR CONDITIONAL USE PERMIT 96-18M & DEVELOPMENT REVIEW 96-23M The California Environmental Quality Act (CEQA) requires a Mitigation Monitoring Program pursuant to California Public Resources Code, Section 21081.6). The following Mitigation Monitoring Program identifies the environmental impact and mitigation measures identified in the environmental document eviewed and approved by the City of Poway City Council and the party responsible for implementation of he mitigation measures. Topic Mitigation Measures Timing Responsibility ESTHETICS Install an earthen berm and landscaping per anPrior to occupancy Applicant approved grading and landscaping plan. BIOLOGY 1) Record a biological conservation easement for rior to grading Applicant ndisturbed habitat and dedicate additional land ermit issuance t a 2;1 mitigation ratio for habitat that is emoved. 2) Observe 100' setback from phemeral stream to north of site. CULTURAL Monitoring of the initial stages of grading by a uring initlal stages Applicant, City Resources qualified archaeologist will be required. f site grading; ddress at pre- onstruction eeting. HYDROLOGY AND 1) Best management practices shall be pon establishment Applicant WATER QUALITY mplemented as recommended by the County f the use Health Department with a site inspection by the ounty Health Department and/or the Regional ater Quality Control Board within two months o pening to verify that manure stockpiling and sage on the site is handled in a reasonable way o as to avoid groundwater and surface water uaiity impacts. Manure handling shall comply ith Section 17.32.010 (F) of the Poway Municipal Code. 2) Manure stockpile areas will e kept away from the tops or toes of slopes with onthly or more frequent pick up of surplus anure by a topsoil company or another party. 3) ff ground water supplies in the area drop by 25 ercent below normal, the facility shall reduce the ater drawn from wells to no more than 650 allons per day plus up to 350 gallons for andscape watering as would be used by full esidential development of the property at current oning and assuming the citywide average daily ater consumption per household of 325 gallons. ) Prepare and comply with a Storm Water Pollution Prevention Plan. - Order: 73718007789 Page 20 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL 1 2289 Resolution No. P-00-71 Page 18 LIGHT & GLARE 1) Lights for the arena and for security will be Upon establishmeni Applicant hielded downward and directed away from of the use. eighboring properties during periodic use of the rena up until 9:00 p.m. (up to 10:00 p.m. with a UP TRANSPORTATION 1) Pay Traffic Mitigation Fees to the Engineering Prior to occupancy. Applicant RAFFIC ervices Department within 30 days of the pproval of this use permit. The fee shall be paid t a rate of $10 multiplied by the maximum Imber of horses approved for boarding at the acility. 2) Install Improvements as shown on the igning and striping plan. N:1ClTY1PLANNI NG100REPOR'RCUP9618M.RS4 Order: 73718007789 Page 21 of 21 Requested By: Bill Schuffert , Printed: 8/14/2018 11:10 AM Doc: 2000-571742 REC ALL