Covenant Regarding Real Property 2006-0255664
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- . . DO~ 2006-0255664
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RECORDING REQUEST BY ) 111111111 III 1111111111 11111111111111111111 1111111111 111111111111111111
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?~f CITY OF POWAY )
) APR 12, 2006 4 46 PM
I~WHEN RECORDED MAil TO' )
) nFFICI,c:..L RECOF:[I':,
CITY CLERK ) '::,:'::'/-l ~II_EC:;O CDurn I F:ELnR[rEFr"_ OFFICE
l~lF:EllUF;"1 ,I '::;MITH ITIUr',JT'l RECUF:[IEF:
CITYOFPOWAY ) FEE'" ;lOu
POBOX 789 ) \.'1~{)\ F'c:..GE':, ,',
POWAY CA 92074-0789 ) IIIIIIIIIIIIIIII~~~~!I~I~~I~~I~I~IIIIIIIIIIIIIIIIIIIIIIIIIIIII
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APNs: 322-011-08 and 09
COVENANT REGARDING REAL PROPERTY
Joseph G and Lisa B Lucidi, PROPERTY OWNERS ("OWNERS" hereinafter), are the
owners of real property commonly known as. Assessor's Parcel Number 322-011-08 ("PROPERTY"
hereinafter), and more fully described as:
PARCEL 3 OF MAP NO 18327, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE RE:CORDER OF SAN DIEGO
COUNTY ON AUGUST 20,1999, AS FILE NO 1999-578661 OF OFFICIAL RECORDS
In consideration of the approval of Conditional Use Permit 96-18M(3) and Development
Review 96-23R(3) by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by
the conditions in the attached Resolution (Exhibit A)
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In the event that Conditional Use Permit 96-18M(3) expires or is rescinded by City Council
at the request of the OWNER, 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: c7f <
Dated: ~khb By~Jj ~.
.
J eph G LUCldl (Notarize)
Dated: '1-Ll-Or, OW~.~.
By /;
Isa B Lucldl (Notarize)
Dated 5 .~ . O~ By'
ent Services
M;\planning\06reportICUP\9S.18M3\cov.doc
C'fo -t>-\ L\
. . .17462
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California } ss.
~
County of SOJ\ (i)\. 'C ~o
On ~, before me,
Dale
personally appeared 00 ~u.~(d (
"-.....-. ~ - -
D personally known to me
%J proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is,@ubscribed
t ~ ^ DARCIE PEACOCK- - ( to the within instrument and acknowledged to me that
he!she~ executed the same in hiS!her~
COMM.#1582007 III authorized capacity(ies), and that by his/her! e
D NOTARY PUBUC-GAUFORNIA g
SAN DIEGO COUNTY signature(s) on the instrument the person(s), or the
, _ _ _ ~ ~y~m:~~Ma~26~200~ _1 entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is 'not required by law, it may prove valuable to persons relying on the document
and could prevent (raddu/ent removal and reattachment, of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Atlorney in Fact . o Attorney In Fact .
Top-of thumb here Top of thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' LJ Other'
Signer Is Representing: Signer Is Representing:
0Y~~^IZ(,.~~~~~~~~~~~~~~~~~~~
@2004NationaINotaryAssociation.9350DeSotoAve., P.O. Box 2402. Chatsworth, CA 913132402 Item No. 5907 Reorder: Call Toll-Free 1-800.-876-6827
. '.
EXHIBIT A 17463
RESOLUTION NO P-06-15
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT (CUP) 96-18M(3)
AND DEVELOPMENT REVIEW (DR) 96-23R(3)
ASSESSOR'S PARCEL NUMBERS 322-011-08
WHEREAS, on September 23, 1997, the City Council approved a request from
Zip and Lisa Lucidi, Applicant, for a 150 horse boarding and training facility with
ancillary structures and other site improvements, known as Lucidi Farms, on 100 acres
located at the northwest corner of the Poway Road/Highway 67 intersection, in the
Rural Residential A zone; and
WHEREAS, on SeptemQer 12, 2000, the City Council approved applicant
requested revisions to the project that included a reduction in size to an 80 horse facility
on 50 acres; and
WHEREAS, on March 16, 2004, the City Council approved the applicant
requested revisions to the project that included. 1) phasing of certain required site
improvements; 2) use of the facility's office as an office with a residence, and 3) use of
a prefabricated modular building as a veterinary office, and
WHEREAS, the applicant is requesting approval of additional modifications to the
project relating to 1) removal of the Phase 2 component of the project and its
improvement requirements from the CUP/DR, 2) addition of a new horse riding
course/area on Phase 1 ofthe site, and 3) addition of an approximate, 26,000-square-
foot cover structure over an existing riding arena on Phase 1 of the project.
WHEREAS, on March 21, 2006, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows.
Section 1~ The City Council finds that the proposed modifications to the project have
been adeqUately addressed in, and are within the scope of, the Mitigated Negative
Declaration (MND) and Mitigation Monitoring Program approved in conjunction with the
previous approval of CUP 96-18(M) and DR 96-23(R) on September 12, 2000 The
previously approved Mitigation Monitoring Program is attached to this Resolution as
Exhibit A. The project is within the scope of the prior environmental document;
therefore, no additional environmental review or notice is necessary
Section 2: The reqUired findings in compliance with Section 61.B of the
Implementing Agreement/California Endangered Species Act (CESA) Memorandum of
. . 17464
Resolution No. P-06-15
Page 2
Understanding (MOU) approved with the adopted Po.way,Subarea HabitatConservation
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
previously approved ,MND The approved mitigation permanently preserves and
protects within a recorded Biological Conservation Easement (BCE) Deed an
estimated 5.22 acres of undisturbed Coastal Sage Scrub (CSS). The BCE
satisfies the mitigation requirement of 2.6 acres for the removal of 1.3 acres of
CSS habitat at a ratio of 2:1
B 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 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.
C 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 e;jsements 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.
D The mitigation will 'foster the incremental irnplementation of the P~HCP .in an
effective and efficient manner in that the on-site mitigation areas are contiguous
and are connected to the Rattlesnake Canyon Preserve permanent open space
in the vicinity to the west. The oncsite mitigation will be set aside by the project
proponent in,accordance with t!1e PSHCPand theon-site mitigation will conserve
and protect a sighificant'arnount of biological open space in the mitigation area in
perpetuity
E. 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 'privaJe biological conservation easements.
In compliance with the PSHCP, the City shall process a General Plan
Am!3ndment and' Zone Change to change the land use designation and zoning
of the area covered by the Biological Conservation Easement recorded on
. . 17465
Resolution No P-06-15
Page 3
June 24, 2003, to. Open Space - Resource Manage,ii1ent (OS-RM) to ensure
permanent preservation.
Section 3. The findings, in accordance with Section 1.7 48.070 of the Poway
Municipal Code for Conditional Use Permit 96-18M(3) to modify an approved CUP to
construct a horse boarding and training facility for up to 80 horses, with ancillary
structuresiand site improvements, on approximately 30 acres adjacent to the northwest
corner of the Poway Road/Highway 67 intersection, within the RR-A zone, are made as
follows:
A. The approved project is' consistent with the General Plan, in that stables and
large animal veterinary uses 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 ona large
rural lot that adjoins another parcel to the west with like kind and use, and
conditions of approval will limit the potential impact qn 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 RRcA 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.
0 There are available public facilities, services, andutilities 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 approximately 30 acres in size and the Conditions of Approval will
ensure that. the use is cohducted 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 asignificarit 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 f100dways and is large enough to accommodate the use.
. . 17466
Resolution No. P-06-15
Page 4
H. There will not-be sighificant harmful effects upon environmental quality or natural
resources because undisturbed habitat will' be set aside on the periphery of the
site and in the vicinity to offset any habitatremoved.
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 to properties or improvements in the vicinity nor be contrary to the
adopted General Plan because the proposal has been reduced iil scope from
the prior approval so use of ground water will be, less,. the use of lights will be
. ,
coiltrolled 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 e?ch of the applicable provisions
of Section 1748 070 of the Poway Municipal Code.
Section 4. The findings, in accordance with Section 17 52 of the Poway Municipal
Code for Development Review 96723R(3) to construct.a horse boarding and training
facility for up to 80 horses, with ancillary structures and site improvements, on
approximately 30 acres located adjacent to the northwest corner of the Poway
Road/Highway 67 interseCtion, in 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 is 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'lhe design of the
buildings, the landscaping, earthen berm and other improvements conform to
the criteria for'horse boarding, training and riding facilities, and will be compatible
with existing lilnd 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 9ther structures incorporates
features and building materials that are consistent with the Community
Development Standards of the Zoning Development Code for a rural residential
area.
. . 1746'1
Resolution No P-06-15
Page 5
Section 5. Conditional Use Permit 96-18M(3) and Development Review 96-23R(3),
consisting of a horse boarding and training facility for up to 80 horses, with ancillary
structures and site improvements, on approximately 30 acres, as shown on the plans
dated January 06, 2006, is hereby approved subjectto 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 Regarding Real Property
B. The use conditionally granted by this approval shClII riot 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 If the City Council determines that groundwater usage is adversely affecting
groundwater use by other well users off-site, groundwater use 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.
E. The site shall be de\telo'ped in accordance with the .approved site plans on file in
the Development Services. Department and the conditions contained herein.
F 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.
G Phase 2 of the project, as originally approved under CUP 96-18M and 96-23M on
Parcel 4 of the original project site, is eliminated from the project.
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, unless other timing is indicated
1 The applicant shall submit a revised site plan for approval by the Director
of Development Services showing the following:
a. Eliminate the "future residence" on Parcel 4, the easterly parcel.
'. . 17468
Resolution No. P-06-15
Page 6
b 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.
c. 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.
d. All parking lot landscaping shall include a minimum of one
15-gallon size tree for every three spaces.
e. All two-way traffic aisles shall be a minimum of 25 feet wide
f All parking spaces shall be delineated with wheel stops, unless
deemed lIimecessary by the Director of development Services.
The mihiniUmdimensions for standard-sized parking stalls shall be
8.5' x 185' 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
g. 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
h. Parking lot lights shall be low-pressure sodium, 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.
i. 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
j. All setbacks for the RR-A zone shall be met.
k. All development, including, but not limited to, the bunkhouse,
located within the undisturbed Coastal Sage Scrub (CSS) along the
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
. .
1'469
Resolution No P-06-15
Page 7
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. At a
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 priorto issuance of a Grading Permit.
b Driveways, in compliance with the specifications provided in
Section 17081700 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 eas,emerits. Encroachments are not
permitted upon any easement without an approved encroachment
agreemenUperrnit.
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. 'l'he 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/geqlogical report shall be- prepare,d by an engineer licensed by the
State of California to perform sLich work, and shall be submitted with the
grading plan.
A drainage study using the 1 DO-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface wqter flowing onto the project site from adjacent lands. Said
. . 17470
Resolution No. P-06-15
Page 8
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; oncsite concrete truck wash and waste
control; and other means of Best Management Practices to eliminate
pollutants from entering the storm drain system. The 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 cif Water Quality
Attention. Storm Water Permit Unit
POBox 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
0' 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
. . 17471
Resolution No P-06-15
Page 9
Poway 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
Coastal Sage Scrub (CSS) habitat to replace the habitat removed due to
construction of the project consistent with the project's. mitigation
measures 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
plans and a revised site plan to be submitted for City review and approval.
10 No grading is allowed on undisturbed habitat between February 15 and
August 15, the nesting season for the California Gnatcatcher and other
bird species.
11 Landscaping shall be installed along the Poway Road frontage in such a
manner so as not to interfere with sight distance, per an approved grading
and landscaping plan. The landscaping will consist of drought40lerant
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.
12. 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 measljres
to be implemented 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.
13 The following is concerning grading activity associated with the revisions
proposed under CUP 96-18M(3)
a. The subject lot was previously graded per City of Poway Grading
Permit nurnber G1245-00 If any additional grading is to exceed
50 cubic yards of earthwork, or if any cut is greater than two feet in
. . 1747,2
Resolution No P-06-15
Page 10
depth which creates a slope st~~pe( than 2:1, or if any proposed
fill is higher than one foot in depth; the developer shall apply for a
new Grading Permit, and submit a new grading plan for review and
approval. If the above do not apply, and prior to construction of any
component of this amendment, the cJeveloper shall provide a
certification from a State Registered Civil Engineer indicating the
actual quantity of earthwork invol\tedand pay a $500 inspection
feet.
b A $2,000 erosion control cash security deposit shall be posted with
the City
c. The applicantshall attend a pre-construction meeting, at which time
he shall present an Action Plan that identifies measures to be
implemented during construction to address erosion, sediment, and
pollutant control. Compliance for erosion control shall be provided
using one or more of the following guidelines:
I. Provide an on-site de-silting basin with a volume based on
3,600 cubic feet per tributary acre drained.
ii. Cover all flat areas with approved mulch.
iii. Install an earthen or gravel bag berm that retains 3 inches of
water over all flat areas prior to discharge, effectively
creating a de-silting basin from the pad.
14. Erosion control devices, including, but not limited to, de-silting basins,
shall be installed and maintained by the developer throughout construction
of the project.
15 Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
16 The components under this amendment, any new drainage facilities, all
slope landscaping and protection measures, and utility services, shall be
constructed and completed by the applicant, and subsequently inspected
by the Engineering Inspector for approval.
17 The applicant shall repair any and all damages to the public and private
roads caused by construction activity from this project, to the satisfaction
of the City Engineer
. . 1747'3
Resolution No. P-06-15
Page 11
I 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 elevaiions 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 MitiQation = $ 990 for the bunk house, plus $10 per horse
Park = $2,720
DrainaQe = $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 has 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.
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) 679-2570
8. Plans forwater, sewer, and fire protection systems shall be designed and
constructed to meet the requirements of the City of Poway
. . 17474
Resolution No P-06-15
Page 12
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 barns, storage building" and office building/temporary
residence 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 on-site 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 a site plan 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 offarm fencing, five feet in height
with metal posts at eight to ten foot intervals and three strands of wire,
around the periphery of the 30 acres.
16 Submit plans to the Building Division for review and approval of the
modular structure for the ancillary veterinary office. The installation shall
be on a permanent foundation and shall comply with all applicable Uniform
Building Coae and City fire protection requirements, The plans shall
indicate that the exterior architectural treatment of the structure is similar
to that of other buildings on-site, to the satisfaction of the Director of
Develo[Jmerit Services The Building Permit for the modular structure
shall not be issued until all Phase 1 improvements have been completed
to the satisfaction of the City
17 Submit a site plan that clearly depicts that the new arena cover structure
will be at least 40 feet (the site's minimum front yard building setback)
from the Poway Road right-of-way
. . 17475
Resolution No P-06-15
Page 13
18 Submit a col.or sample, or samples if multiple colors,,!re proposed, for the
exterior finish of the new arena cover structure for review and approval.
Exterior finish shall be non-glaring, muted earth tone in color to the
satisfaction of the Director of Development Services.
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 Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No 64 and its
amended Ordinance No. 526
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 Sheriff's Dept. - ASJREA 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 impos6cj 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 bunkhouse shall have a residential fire
sprinkler system installed.
5 Minimum 2A.10BC fire extinguishers are 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 the fire
sprinklerrequirement; locations to be determined by Safety Services.
7 Install a fire department connection to support on-site fire protection
requirements, location to be determined by Safety Services.
8 All water for fire protection systems shall be in place prior to construction
of any strtJctures.
9 All access roadways shall be in accordance with City standards.
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Resolution No P-06-15
Page 14
10 Dead end fire agparatus access roadways in excess of 150 feet long shall
be provided with approved provisions for the turning around of emergency
apparatus.
11 If applicable, fire lanes may be required.
12. All electric gates shall be provided with Knox override key switches.
13 If applicable, the applicant shall comply with the City of Poway Guide to
Landscape Requifiiments as it relates to Fire Fuel Management Zones.
14 The covered arena structure shall be of fire-resistant, non-combustible
construction.
15. "No smoking" signage will be prominently displayed in all hay storage and
hay distribution areas of the complex.
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
Section 17.08 170D of the Poway Municipal Code, 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 52.130B of the Grading Ordinance. Record drawings shall be
submitted ina manner to allow the City adequate time for review and
approval prior to issuance of Certificate of Occupancy and release of
grading securities.
4 The gublic'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.
. . 17 47 ~
.' Resolution No P-06-15
Page 15
6 Erosion control, including, but not limited to, desilting 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 kV, unless specifically waived by:the
Director of Development Services.
8 Prior to rock blasting, a precblast survey of the surrounding properties
shall be conducted to the satisfaction Clf. tbe Director of Deveiopment
Services, and a Blasting Permit shall b~ ogtained from the Engineering
Division. Seismic recordings shall betaken 'for all blasting. Blasting shall
occur only at locations and levels approved by the Director of
Development Services.
9 Prior to start of any work within City-held easements or rights"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. 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.
1 All Phase 1 improvement shall be completed [Jer the Conditions of
Approval and approved site and grading plans, and all Fire Department
and Building Division requirements shall be complied with, prior to the
issuance of a certificate of occupancy for the office/temporary residence.
The applicant shall call for final inspeCti()n and obtain a certificate of
occupancy for the office/temporary residence within 90 days of the date of
this approval.
2. Any signs proposed for this development shall be designed and approved
in conformance with theSign Ordinance, No signs for the accessory uses
(i.e , the farrier, veterinarian) shall be permitted
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.
. . 17478
Resolution No P-06-15
Page 16
4 A streetlight (with low-pressure sodium fixture) shall be installed at the
intersection of Lucidi Farms Way and PowayRoad.
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 a 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 is 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 a 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 !,I'Joid groundwater and surface water quality impacts.
Manure handling shall comply with. Section 17.32.010 (F) of the Poway
Municipal Code, and any other applicable City and State water quality
regulations.
5 The operation shall be maintained in a cle.an 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. Prior to issuance of a TUP,
improved parking spaces to accommodate the projected number of
visitors must be provided. The applicant shall submit the TUP request at
least 45 day prior to the event.
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
"
. . 17479
Resolution No P-06~15
Page 17
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 a 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
12. The on-site accessory veterinary use does not authorize the applicant to
exceed the maximum number of horses allowable on-site (i.e , 80 horses).
The accessory veterinary use shall' be limited service associated with
horses that are being boarded on-site, and scientific and other research
associated medical treatment for horses.
13 The storage of hay and feed is for horses being boarded on the site. No
sales of hay and. feed to horses other than those being boarded on the site
is authorized under this CUP
Section 6, The approval of CUP 96-18M(3) and DR 96~23R(3) shall expire on. March
16.2008. at 5:00-p.m. unless prior to that time a Building Permit has been issuedf6r the
arena cover structure.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21 st day of March 2006
ATTEST
,~){.~;~~
. . 17480
Resolution No P-06-15
Page 18
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P-06-15, was duly adopted by the
City Council ata meeting of said City Council held on the 21 st day of March, 2006 and
that it was so adopted by the fQIJowing vote, '
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN NONE
DISQUALIFIED' NONE
L~e~y~
City of Poway
. . . 17481
.
Resolution No. P-06-15
Page 19
EXHII?IT A
MITIGATION MONITORING PROGRAM
FOR CONDITIONAL USE PERMIT 96-18M & DEVELOPMENT REVIEW 96-23R
IThe California Environmental Quality Act (CEQA) requires a Mitigation Monitoring Program
pursuant to California Public Resources Code, Section~1.Q81 6), The following Mitigation
Monitoring. Program identifies the environmental impact and mitigation measures identified in the
environmental, document reviewed and approved by the City. of Poway City Council and the part\
responsible for implementation of the mitigation measures.
Topic Mitigation Measure(s) Timing Responsibility
AESTHETICS Install an earthen berm and landscaping [Jer Prior to t>.pplicant
an approved grading and landscaping ,plan;, occupancy
BIOLOGY 1) Record a biological conservation Prior to Grading t>.pplicant
easement for undisturbed habitat and Permit issuance
dedicate additional land at a 2:1
mitigation ratio for habitat that is
removed.
2) Observe a 100' setback from the
ephemera/stream to the north of site.
CULTURAL Monitoring of the initial stages of gradingbya During initial /\'pplicant, City
Resources qualified archaeologist will be required. stages of site
grading;
address at pre-
construction
meeting.
HYDROLOGY 1) Best ManagElment Practices shall be Upon Applicant
t>.ND WATER implemented as recommended by the establishment of
QUALITY County Health Department with a site he use
inspection by the County Health
Department and/or the Regional Water
Quality ,Control Board within two months
of opening to verify that manure
stockpiling.and'usage on the site is
handled in a reasonable way so as to
av6idgroundwater and surface water
quali.tyimp,acts, Manure handling shall
comply with Section 17 32.010 (F) of the
Poway Municipal Code.
2) Manure stockpile areas will be kept away
from thEi:tOps or toes of slopes with
monthly or more frequent pick up of
surplus manure by a topsoil company or
another party
3) If ground water supplies in the area drop
by 25 percent below normal, the facility
. ...
. . . 2-~
I .-
,
-\ "'l 4.~ 2 Resolution No P-06-15
Page 20
-
shall reduce the water drawn from w.ells
to no more.t!1an 650 gallons per day,
plus up to 350 gallons for landscape
watering, as would be used by full
residential development ofthe property
at current zoning and assuming the
Citywide.average daily water
consumption per household of 325
gallons.
4) Prepare and.comply with a Storm Water
Pollution Prevention Plan.
LIGHT & GLARE Lights for the arena and for security will be Upon Applicant
shielded downward and directed away from establishment of
neighboring properties during periodic use of ~he use,
he arena up until 9'00 p.m. (up to 10:00 p.m.
with a TUP)
TRANSPORT A- 1) Pay TraffiC Mitigation Fees to the Prior to Applicant
TION/TRAFFIC Engineering Division within 30 days of occupancy
the approval of this use permit. The fee
shall be paid aba rate of $10 multiplied
by the maximum number of horses
approved for Qoarding at the facility
2) Install improvements as shown on the
signing and striping plan.