Covenant Regarding Real Property 1997-0164529
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RECORDING R. EQUEST'B;Y:
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CITY CLERK
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P o BOX 789
POWA Y CA 92074-0789
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Dlt n 1997-0164529
fo-iwR-f997 09= 12 AM
OF8lCIAl,RECOROS
SAN'OIEGO COUNTY RECORDER'S OFFICE
GREGORY SMI,TH, ,COUNH RECORDER
RF: 29.00" ,FEES: 79.00
AF: 49.00'
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PowayPartners;LLC",A;Calif9rnia.l:.ill)it~d liabilityCompanyJ{"OWNER:' hereinafter) is the owner of
real property described in ExhibnA which'isattached' hereto anifmade,a part hereof and which is commonly
knoWn as Assesso(s~arceiNumber 3i3~090-73(Portion) ('PROPERTY" hereinafter). In consideration, of the
approval of Wet'nVvild Water Pink ProjecVConditional Use Perrrin' 96"05 by the City of P6way C'CITY"
, _' < - ,- c';e_ . .--, ,~., -", -. , ---
hereinafter), OWNER hereby agrees to:abide by conditions of the attached resolution (EXhibit B):
This Covenant shallrunwiththe)and and b~ binding upon and inuretothe benefrt of the future oWners,
encumbrancers, successors, heirs;personal representatives, transferees;and assigns of the respective,parties.
In ,the event thatWet;n;vit;id Water ParkProjecVConditional.Use Permn 96-05 expires or is rescinded
by City Council at the request'of,the OWNER, CITY shall expungethisC;ovenant from the record title,ofthe
PROPERTY
In the event of litigation to enforce the provisions of, this Cove_~an!,'the prevailing party shall be entitled
to full reimbursement of all costs, including reaso~a rneYS'~fees from the other partx
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Dated: 4/t/? 7 ' .
Poway Partners,U:'c:.
A California:Umned'LiabiJity Company,
OWNER (Notarize)
Dated: 3-\,/;117
CLTY OF POWAY
By:
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.- ~AlIFORNIA ALL"PURPOS'ACKNOWLEDGMENT
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before me,
Lon it'" 1:> Si1.A~-I-, Not;;...<r'1 PUb J, G,
ame and Title~of Officer (e.g., Jane Doe. Notary Public")
personally appeared Johl'\
e., >h ..,wCA'l
Name(s) ofSigner(s)
ril personally known to me - OR - 0 proved to'me on the basis of satisfactory, evidence to be the person(s)
whose name(sj'~is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
CAROLYN O. STUART
Notary Pubiic, State of Texas
My Comm, Exp. 10.19.98
WITNESS my hand and official seal.
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OPTIONAL
Though the. information below is no(requiied by law, it may prove valu8;bletopersons;rs/ying on the document and could prevent
fraudulentremovaland 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:
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Capacity(ies) ClaimedI>Y:!::ljg~er(s)
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Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other' Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-ih-Fact
o Trustee
o Guardian or Conservator
o Other'
.
Top of thumb here
'Signer Is Representing:
Signer Is Representing:
@ 1994 National Notary Association' 8236 Remmel'Ave." P,O. "Box 7184" Cl!In~ga '~~rk, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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724
LEGAL DESCRIPTION
That portion of Lot 4 of Section 19 of Township 14; Ra8ge 1 West.oflhe San B(;lrnardino
Meridian in th(;lCity of POW,ay, County of San Diego, iState of California, described as
Parcel "8" in the Certificate of Compliance recorded S'eptember 20, 1996 Document No,
1996"0480626 of official records.
EXHiBIT A
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RESOLUTION NO. P-97-12
725
ARESOLUTlON OF THE CITY COUNCIL
OF THE CITY OF POWA Y, CALIFORNIA
APPROVING CONDITIONAL USE:,PERMIT 96-05
AND DEVELOPMENT REVIEW 96c02
ASSESSOR'S PARCEL NUMBER: PORTION OF 323-090-73
WHEREAS, the Conditional Use Permit CUP 96-05 and Development Re"view DR
96-02 related development applications have been submitted by Wet'n Wild, Inc., the
Applicant, for the construction and operation of the proposed Wet'n Wild Water Park
Project, a family-oriented aquatic recreation park on 43.4 gross, acres in the South Poway
Business Park, which came before the City Council for public hearing on March 18, 1997,
and
WHEREAS, the Director of Planning Services has recommended approval of the
proposed development applications subject to all conditions set forth in the Planning
Services Department report; and
WHEREAS, the City Council of the City of Poway has read and considered the
agenda report for the proposed project and has considered other evidence presented at
the public hearing,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1. Environmental Findings:
On March 18, 1997 the City Council, pursuant to the provisions of the California
Government Code and the California Environmental Quality Act (CEQA) considered the
proposed Wet'n Wild Water ParkProjecl consisting of the Final Subsequent Environmental
Impact Report (Final SEIR, State Clearinghouse # 96071095) and the related project
development applications, including: South Poway Specific Plan Amendment (SPA
84-0100), Tentative Tract Map (TIM 96-01), Condit.ional Use Permit (CUP 96-05), and
Development Review (DR 96-02), Assessor's Parcel Numbers: Portion, of 323-090-73,
Portion of 323-090-70, and 325-010-09 The City Council found that the Final SEIR
adequately analyzes the potential environmental impacts, of all the project applications,
found that the Final SEIR is complete and adequate and fully complies with all
requirements of CEQA, and adopted a resolution certifying the Final SEIR.
NOTICE, This property is located in an area which is believed to contain coastal sage
scrub, the habitat of the California Gnatcatcher which has been listed as a threatened
species. Removal of coastal sage scrub without authorization of the City of Poway
pursuant to the City's Subarea I+labitat Conservation Plan permits or the U S. Fish and
EXHIBIT B
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726
Resolution No. P-97-12
Page 2
Wildl!f~Ser:vice is a violation of the U S. Endangered Species Act. Proof of such
authorization will be required prior to issuance of grading permits, clearing and grubbing
permits and improvement plan approvals
Section 2: Findinas:
Conditional Use Permit
1. The proposed project is consistent with the General Plan goals. policies, and
strategies as concluded by the certified Final SEIR completed for the project,
and,as specifically discussed in Chapter 5.7 -Land Use and Planning of the
Final SEIR, which is incorporated herein by this reference. The proposed
project also consistent with the Specific Plan for the South Poway Planned
Community (PC) zone,
2, The proposed project will not have adverse aesthetic, health, safety, or
architecturally related impacts upon adjoining properties in that the
architectural style and uses are consistent with the guidelines and standards
set forth in the Poway Comprehensive Plan"the Poway Municipal Code, and
the South Poway Specific Plan.
3. The proposed project is in compliance with the Zoning Ordinance.in that a
Water Park Facility is permitted subject to approval of a conditional use
permit in the,South Poway Specific Plan.
4 The proposed project encourages the orderly and harmonious appearance
of structures and property within the City in'that the proposed buildings and
recreational structures are consistent with the design guidelines and
standards of the South poway Specific Plan.
5 The project site is physically suitable for the type of development proposed
in that the development plans will incorporate contour grading, minimum
grading methods, and building siting and landscaping to soften slopes.
6 The design and operation of the proposed project is not likely to cause
substantial environmental damage and avoidable injury to humans and
wildlife or their habitat in that these factors were considered in the certified
Final SEIR and the associated CEQA Findings adopted by the City Council,
in that the potential noise effects ofthe projectwill comply with the City Noise
Ordinance, and in that the area containing coastal sage scrub on the south
facing slopes is included in a lot that will be permanently preserved as
biological open space in fee title to the City
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Resolution No. P-97-12
Page 3
7, The proposed !>roject is not a threat tbpublic health in that all lots will be
served by public water and sanitary sewer service and be subject to County
Department of Environmental Health regulations concerning hazardous
materials, food service, aquatic pools, and water filtration systems.
Development Review
1 The proposed project is consistent with the,General Plan goals, policies, and
strategies as concluded by the certified Final SEIR completed for the project,
and as specifically discussed in Chapter 5;7 - Land Use and Planning of the
Final SEIR, which is incorporated herein by this reference. The proposed
project also consistent with the Specific Plan ,for the South Poway Planned
Community (PC).'Zone.
2. The proposed project will not have adverse aesthetic, health, safety, or
architecturally related impacts upon adjoining properties in that the
architectural style and uses are consistent with the guidelines and standards
set forth in the Poway Comprehensive Plan, the Poway Municipal Code, and
the South Poway Specific Plan.
3. The proposed project is in compliance with the Zoning Ordinance ,in that a
Water Park Facility is permitted subject to approval of a conditional use
permit in the South Poway Specific Plan.
4 The proposed project encourages the orderly and harmonious appearance
of structures and property within the City in that the proposed buildings and
recreational structures are consistent with the design guidelines and
standards of the South Poway Specific Plan.
5 The project site is physically suitable for the type of development proposed
in that the development plans will incorporate ccntourgrading, minimum
grading methods, and building siting and landscaping to soften slopes,
6 The design and operation of the proposed project is not likely to cause
substantial environmental damage and avoidable injury to humans and
wildlife or their habitat in that these factors were ponsidered in the certified
Final SEIR and the associated CEQA Findings adopted by the City Council,
in thallhe potential noise effects of the project will comply with the City Noise
Ordinance, and in that the area containing coastal sage scrub on the south
facing slopes is included in a lot that will be permanently preserved as
biological open space in fee title to the City.
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728
Resolution No. P-97-12
Page 4
7 The proposed project is not a threatto piJblic health in that all lots will be
selVed by public water and sanitary sewer~e,lVice and be subject to County
Department of Environmental Health regulations concerning hazardous
materials, food selVicei aquatic pools, and water filtration systems.
8. The design or improvement of the proposed project is consistent with all
applicable general and specific plans in that the design is conditioned to
conform to the limits of grading and the improvements will adhere to the
development standards of the South Poway'Specific Plan.
9 The projecl.site is physically suitable for the ,type of development.proposed
in that the development plans will incorporate contour grading, minimum
grading methods, and building siting and landscaping to soften slopes,
10 The project site is physically suitable for the density of the development
proposed in thatlhe net build able areas will adhere to the acreage-allocated
in the adopted South Poway Planned Community PowaySpecific Plan.
11 The, design of t.be proposed project will not conflict with any easement
acquired by the publitat large, now of record, for access through or use of
the property within the proposed subdivision.
12, The grading plan for the proposed projeclincludes fill slopes that 'are 30' or
greater in vertical he,ighl. The City Grading Ordinance requires City Council
approval of all fill slopes of such height. The City Council finds that such fill
slopes are consistent with the grading standardsofthe South PowaySpecific
Plan, and therefore, are hereby approved.
Poway Subarea Habitat ConselVation Plan Imolementina Aareement Findings for
Conditional Use Permit 96-05 and Develooment Review 96-02
The following findings are in compliance with Section 6.1.B. of the Implementing
Agreement/CESA MOU approved in conjunction with the adoption of the City of Poway
Subarea Habitat ConselVation Plarl/NCCP Plan (PSHCP).
1 The mitigation is consistent with and furthers the implementing objectives of
the PSHCP in that the mitigation for the project area is identified as a
required biological resource mitigation measure in the Final SEIR for the
related projecl.development applicalionsand is also a condition of project
approval, and in that the undisturbed coastal sag!,! scrub habitat found on the
south-facing slopes of the project area within Lot 9 (approximately 28.00
acres) of Tentative Tract Map No, 96-01 and adjacentto Beeler Canyon will
bepreselVed as permanent biological open space in fee title to the City of
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729
Resolution No. P-97-12
Page 5
Poway;arid in that the fill slopes to be created in connection with project
grading and located in the northem portion of the subject open space lot will
be revegetated with coastal sage scrub plant species found in the
undisturbed area of the subject fot, and such revegetation will be
appropriately monitored for successful growth and establishment.
2. The mitigation habitat is appropriately located in the PSHCP Mitigation Area
to enhance the long-term viability andJunClion of the preserve system in that
the mitigation habitat is entirely within the Mitigation Area which will serve to
enhance the preserve system and especially the Beeler Canyon regional
wildlife corridor as so designated in the PSHCP and the proposed Subarea
Plan for the adjacent jurisdiction of the City of San Diego.
3 The mitigation will be to the long-term benefit of the PSHCP Covered
Species and their habitats in that the mitigation will provide permanent
biological open space in public ownership and, in that the undisturbed and
revegetated coastal sage scrub habitat within' the protected open' space will
benefit the threatened California gnatcatcheras well as other Covered
Species and their habitats found in the PSHCP Mitigation Area and adjacent
habitat conservation areas.
4 The mitigation wilLfosterthe incremental implementation of the PSHCP in an
effective and efficient manner in that the mitigation area will be set aside by
the project proponent as a project mitigation measure and a condition of
project approval in accordance with the PSHCP, and in that the mitigation
will conserve and protect a significant amountof biological open space in the
Mitigation Area in perpetuity.
5. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP in that the. subject mitigation area
will be dedicated to the City of Poway in fee title by the project proponent,
and therefore, such dedication will not result in a negative fiscal impact.
Section 3, Cjty'Council Decision
1. The City Council hereby approves Conditional Use Permit CUP 96-05 and
Development Review DR 96-02, a copy of which applications are on file in
the Planning Services office, and subject to the following conditions.
2. The approved CUP 96-05 and DR 96-02 shall only apply to a portion of
Assessor's Parcel No. 323-090-73, and specifically Lot 1 (43.4 gross acres)
as shown on the approved related Tentative Tract Map No 96-01
application,
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Resolution No. P-97-12
Page 6
3 Within 30 days of approval (1) theapplicantshall 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,
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BYTHE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1, Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Planning Services Department prior to issuance of building
permits.
3. Approval of this request shall not waive compliance with all sections of the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
4 Trash receptacles, shall be enclosed by a six foot high masonry wall with view-
obstructing gates pursuant to City standards. The recycling of all trash shall comply
with the requirements of the City
5 All roof appurtenances, including air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Services Department.
6 The applicant shall comply with 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 in effect at the time ofbuilding
permit issuance.
7 This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
8, This conditional use permit shall be subject to annual review by the Director of
Planning Services for compliance with the conditions of approval and to address
concerns that may have occurred during the past year. If there is evidence that the
permit is not in compliance with the conditions' of approval, the required annual
reviewshall be setfora public hearing before the City Council. If the City Council
finds that the permit is not in compliance with the conditions of approval it may to
modify or revoke the use permit.
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Resolution No. P-97-12
Page 7
9 The use conditionally granted by this permit shall not be conducted in such a
manner as to 'interfere with the reasonable, use and enjoyment of surrounding
industrial, commercial, residential, and natural open space uses.
10 The proposed project~ including the associated site grading, project construction,
and project operation shall comply with the applicable environmental mitigation
measures contained in the certified Final SEIR and the approved Mitigation
Monitoring and Reporting Program contained in the Final SEIR.
11. The proposed project shall fully comply with the Water Park Facility provisions
contained in the approved South Poway Specific Plan Amendment SPA 84-01 DD
application and specifically Chapter 6 of the Specific Plan, a copy of which is on file
in the Planning Services Department.
12. The project's building and structure square footage, architectural design, and
construction materials shall be in conformance with the approved Detailed Site
Development Plan; building and structure elevations and floor plans, and materials
sample board, respectively
13. The Detailed Site Development Plan depicts possible locations for three future
rides: at the sand volleyball area north of the Wave Pool, to the west of the Wave
Pool/Group Tent, and to the south of the Suntan Lagoon. The location of these
future rides is approved under this Conditional Use Permit.
However, the nature of these attractions would be determined in the future based
on state-of-the-art design, and the liming for construction of these facilities is
dependent on the market,and attendance of the Water Park. The construction of
any of these future rides shall require Development Review approval by the City
Council.
14 The Water Park policy shall be to not admit children under 10 years of age without
proper supervision. Appropriate signage shall be installed at the entry to inform the
public of this policy
15 The onsite First Aid Station shall be manned with trained and certified medical
personnel (Registered Nurse, Paramedic, or Emergency Medical Technician) and
equipped to handle all situations requiring medical treatment. In case of Iife-
threatening emergencies, appropriate service providers shall be immediately called
for assistance using the local emergency phone number (911 ). The First Aid Station
shall serve as the pick-up point for ambulance or paramedic service providers. The
applicant shall employ security guards on a 24-hour, year-round basis.
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Resolution No. P-97-12
Page 8
16. Cohstru,ction ,activities shall be limited to thehburs of 7:00 a.m, to 7:00 p.m.,
Mond~y through Saturday, and as specifically limited by the construction noise-
related mitigation measure contained in the certified Final SEIR.
17 Pursuant to the South Poway Specific Plan, tower water rides and water slide
attractions shall not exceed 85 feet in height above grade. Buildings shall not
exceed 45 feet in height above grade.
18. Prior to the issuance of a Certificate of Occupancy, the project applicant shall obtain
and comply with all necessary permits and approvals from the County Department
of Environmental Health.
1 9 The sale and consumption of beer and wine on the premises of the water park
facility shall be restricted to designated areas near the food buildings and to the
picnic area for private parties only, and no beer andwine shall be allowed to leave
the premises. No beer and/or wine shall be sold before noon and sales shall
discontinue one hour prior to closing. No beer and/or wine shall be permitted on
rides and towers, in pools, or while in line for rides. Sales shall be limited to 12
ounce clear cups and also limited to two per person per transaction, The applicant
shall provide the City with a copy of the license issued by the Alcoholic Beverage
Control Board prior to commencement of use.
20 The perimeter chain linkisecurity fencing proposed along the east, west and south
property lines shall be vinyl coated
21 Prior to any use of the project site or business activity being commenced thereon,
all conditions of approval contained herein shall be completed to the satisfaction of
the Director of Planning Services,
22, The Applicant shall enter into a Development AgreemenUOwner Participation
Agreement with the City/Redevelopment Agency prior to issuance of building
permits.
HOURS OF OPERATION
1. The proposed Water Park Facility may operate 160 days annually from April,through
September During the regular summer season, the Park may be open from 10'00
a.m. until 11 :00 p m.
SPECIAL EVENTS
1. In addition to normal Water Park activities, special activities may be conducted at
the Beach Club planned around a beach theme, and may include games such as
the limbo, ring toss, pizza eating and basketball shooting contests, karaoke
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Resolution No. P-97-12
Page 9
733
sing-alongs, and thematic entertainment. Music maybe provided by a small band
or disc jockey, as long as the noise ordinance is not violated, and space may be
provided for dancing. Private parties may also hire a small band or a disc jockey
2. During other times of the year outside of the Park's normal operating calendar, the
Park may be available for "special events" such as school outings, church functions,
scout picnics, charity functions, high school grad night, private parties, and
corporate group business. Special events may be held ,at the Beach Club and the
group areas and tents throughout the Park, generally between the hours of 10 a,m.
and 11 p.m. Each event would require approval of a Temporary Use Permit.
NOISE COMPLIANCE
1 The noise generated from the Beach Club entertainment'and the public address
system shall not exceed the noise limitation established in the City Noise Ordinance
at the Water Park property line, which is 70 decibels at the project property lines
and 40 decibels at the boundary of any residential zones and uses.
2, If the City receives noise complaints from the public regarding the operation of the
Water Park, the Applicant shall institute a Noise Monitoring Program to the
satisfaction of the Director of Planning Services.
LIGHTING
1 All outdoor lighting fixtures within the Water Park Facility development, other than
low pressure sodium fixtures, shall be turned off between the hours of eleven p.m.
and sunrise except when business operating hours continue after eleven p.m., but
only for as long as such business is open on a normal basis or for special events.
Pursuant to the South Poway Specific Plan, the height of pole-mounted lighting
fixtures in the parking lot areas shall be limited to a maximum height of 40 feet
above the paved surface.
2. In accordance with the Specific Plan, neon and theatrical lighting may be permitted,
Neon lighting may be used as "accent lighting" to appropriately highlight
architectural building features and signage. Any such use of neon lighting shall be
integrated into build:ng and signage design. Theatrical lighting, white and colored,
may be utilized at group areas or other areas of the facility where appropriate, as
long as such lighting is properly shielded to confine illumination to a theatrical
activity or even!.
3. In all cases, lighting fixtures throughout the Water Park shall be appropriately
shielded so as to direct light away from streets and adjoining properties, and to
prevent upward light spillage into the night sky The use of fireworks, lasers or
spotlights which could impact military aircraft overflying the Water Park site is
prohibited
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Resolution No. P-97-12
Page 10
SIGNAGE
1. A main entry sign at the intersection of the Scripps Poway Parkway and Stowe
Drive shall be the major identification for the water park along the Parkway. This
sign shall be 10.5 feet maximum in height measured from grade, The sign may be
double-sided and 100 square feet in area per side. Letters shall be limited to 24" in
height. Up to 30 percent of sign copy (each side) may be utilized for an electronic
reader board for display of special event announcements or periodic messages,as
appropriate. This entry sign shall be setback a minimum of 25 feet measured from
the back of curb. This sign shall be made of materials and color that are consistent
with the architecture and colors of the Water Park.
2, Park theme signs reading "Wet'n Wild" may be installed at the main park entry and
at the Group Tent in conformance with the sign elevation details on file in the
Planning Services office. These theme signs may be attached at the'top of a
painted open meta I"fra me structure and made of backlit acrylic letters a maximum
of 6 feet in height. The main park entry theme sign may be elevated above grade
a maximum of 35 feet in height. The Group Tent theme sign may be attached at the
top of the group tent canopy structure and also made of backlit acrylic letters a
maximum of 6 feet in height. This theme sign may be elevated above grade a
maximum of 45 feet in height.
3. Identical monument signs on either side of the Park entrance driveway at Scripps
Poway Parkway may be installed. These signs shall bewail-type monument signs
with fountains or waterfalls;and complementary landscaping. The monument signs
may display the "Wet'n Wild/America's Water Park" name/logo using backlit or
frontlit lettering limited to 24" in height. The monument walls shall be limited to 8 feet
and shall mimic the color and architectural elevation of the buildings at the Front
Entry Building Complex.
4. Other interior park signage located inside the main park entry and not visible from
off-site, including directional signs, park information kiosks, special event signs, and
other guest-oriented information signage is not regulated.
CIRCULATION AND PARKING
1, The main entrance and exit to the Water Park shall beat the signalized intersection
of Scripps Poway Parkway and Stowe Drive, In accordance with the Detailed Site
Development Plan, the parking and circulation plan shall provide for drop-off,
pedestrian crosswalks, employee and service area parking, and public parking,
Employee and service parking areas shall be separated and screened from the
public.
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Resolution No. P-97-12
Page 11
2. A gated entry at the northeast comer of the property at the Scripps Poway Parkway
frontage shall provide access to the Parkway for emergency vehicles only The
gated entry shall comply with the requirements of the Fire Marshal. A minimum of
28 feet wide emergency access shall be provided, maintained free and clear at all
times during construction and operation of the Water Park in accordance with Safety
Services Department requirements. All two-way traffic aisles shall be a minimum of
25 feet wide.
3. Along the future extension of Kirkham Way, access for employee/service vehicles
shall be provided adjacenlto the employee parking area. In addition, an "exit only"
to Kirkham Way for public use shall be provided at the southeast corner of the
public parking lot. These access improvements shall be provided at the time the
adjacent Kirkham Way is completed and opened.
4, The number, type, and dimensions of parking spaces and aisles shall be as
indicated on the Detailed Site Development Plan and in accordance with the South
Poway Specific Plan..As shown on said site plan, special parking areas shall be
provided for the disabled, buses, and for motorcycles,
5. All parking spaces shall be double striped to City standard.
6 In the event the Water Park is taken over for a large private party or other private
activities where patrons would be arriving in a concentrated time period, the
operator shall provide traffic control as necessary. In advance of any such activities,
the operator shall have a Traffic Control Plan approved by the Director of
Engineering Services. The Traffic Control Plan shall be submitted to the
Engineering Services Department for review and approval a minimum of ten
working days prior to the date of a proposed private activity.
7. The storage of trucks and other vehicles is prohibited at the Water Park site,
including the parking lot areas.
LANDSCAPE IMPROVEMENTS
1. The Water Park shall be lushly landscaped. Complete landscape plans and
construction documents shall be submitted to and approved by the Planning
Services Department prior to the issuance of building permits. Plans shall be
prepared in accordance with City of Poway Guide to Landscape Requirements
(latest edition).
2. The project's Illustrative Site Plan and all landscaping and irrigation improvement
plans and construction documents shall be completed to the satisfaction of the
Director of Planning Services.
.
.
736
Resolution No. P-97-12
Page 12
3 the use;ofreclaimed water for irrigation purposes1shall be verified with the Director
of En gineeri rig Services.
4. The ,applicant shall provide the Director of Planning Services with a estimate of
annual landscape water usage at complete build-out of the Water Park. The
estimate shall include a separate figure for Landscape Maintenance District (LMD)
water usage,
5. Streetscape construction documents for the ScrippsPoway Parkway and Kirkham
Way frontages shall be submitted to and approved by the Planning Services
Department. The plans shall be prepared in accordance with the requirements of
the South Poway Specific Plan,
6 Landscape and irrigation construction documents shall be signed by a California
licensed landscape architect.
7 Undulating berming shall be installed and landscaped along the Scripps Poway
Parkway and around the-base of the tower rides in compliance with the applicable
City staff recommendation contained in the City Council agenda report for the
proposed Water Park and to the satisfaction of the Director of Planning Services.
8 Street trees, a minimum of 15 gallon size or larger, shall,be installed in accordance
with the City of poway Guide to Landscape Requirements and shall be planted at
an average of 30 feet on center spacing along all streets.
9 A minimum of 60 trees per gross acre, comprised of the following sizes, shall be
provided within the development: 20% - 24" box or larger, 70% - 15 gallon, and
10% - five gallon. Trees shall be planted to the satisfaction of the Director of
Planning Services and in accordance with the approved landscape construction
documents.
10 Landscaped areas within the adjacent public right-of-way shall be permanently a<nd
fully maintained by the owner. Improvements within the LMD areas shall be
maintained by the developer for one year after City Council acceptance of all
improvements.
11. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall be encouraged and allowed to retain
a natural form, Pruning should be restricted to maintain the health of the trees and
to protect the public safety. Unnatural or excessive pruning, including topping, is
not permitted.
.
.
Resolution No. P-97-12 737
Page 13
COMPLlANCEWITHTHE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALl,BE APPROVED BYTHEiDEPARTMENT OF SAFETY SERVICES.
1. Class A fire retardant roof covering shall be used as per UBC Section 3203( e) and
City of Poway Ordinance No. 64
2. The street address shall be prominently displayed on the "main entry sign" along
Scripps Poway Parkway in numerals at least 6" in height. The address shall also be
displayed on the roof of a Park building in a manner'satisfactoryto 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-we13ther 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 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. (P.M.C.)
4 Some buildings will be required to install an approved fire sprinkler system meeting
P.M C. requirements. The entire system is to be monitored by a central monitoring
company System post indicator valves with tamper switches, also monitored, are
to be located by the City Fire Marshal prior to installation.
5. A hood and duct extinguishing system shall be installed for all cooking facilities
within the Kitchen area, Plans to be submitted and approved, prior to installation.
6, A 'Knox' Security Key Box shall be required for the building(s) at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire
sprinkler system Post Indicator Valve.
7 Fire Department access for use of fire fighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all
times until construction is completed.
8. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
g Minimum2A.10BC fire extinguisher required for every 3,000 square feet and 75'
travel distance,
10 The addition of on-site fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
,
.
738
Resolution No. P-97-12
Page 14
11, Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
12. An Emergency Contingency Plan and Hazardous'Materials Disclosure shall be filed
with the County of San Diego Department of Environmental Health and copies
provided to the City of poway Fire Department.
13. Prior to delivery of combustible material on site, water and sewer systems shall
satisfactorily pass all tests and be connected to the public water and sewer
systems. In addition, the first lift of asphalt paving shall be in place to provide
adequate, permanent access for emergency vehicles. The final lift of asphalt shall
not be installed until all other construction activity has been substantially completed
to the satisfaction oflhe City
14 N.F P.A, Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the facility
15 Wet'n Wild staff are responsible for medical aid as outlined in a letter from Wet'n
Wild to the City of Poway, dated November 14,1996
16 An additional fire hydrant will be required at the southwest comer of the employee
parking lot.
17 Widen to a minimum of 20 feet the roadway in front of the main entry
18, Prior to or with submittal of building plans, the Applicant shall submit to the City Fire
Marshal a technical report which addresses the type, quantity, method of storage,
location of storage, and Uniform Fire Code compliance of chemicals, hazardous
materials, combustible and flammable solids, liquids, and gases.
19 Prior to the submittal of building plans, the Applicant shall submit an Operations
Plan which shall be implemented to ensure the careful storage and handling of
chemicals, and appropriate training of employees in this area.
20. Prior to the submittal of building plans, the Applicant shall submit an Emergency
Response Plan which addresses the formation of an Einergency Response Team
and the procedures to be taken by the Applicant incase of an emergency. All
Water Park personnel shall be trained to follow and implement this Plan, The Plan
shall comply with the health, safety and publicselVices mitigation measures of the
certified Final SEIR.
,
.
739
Resolution No. P-97-12
Page 15
COMPLIANCE VVITHTHE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform Building
Code, City Grading, Ordinance, approved grading plan and geotechnical report, and
accepted grading practices.
2. A soils/geological report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
3, The final grading plan, prepared on a standard sheet of Mylar, shall be subject to
review and approval by the Planning and Engineering Services Departments and
shall be completed prior to issuance of grading permit.
4 A pre"blast survey of the surrounding property shall be conducted to the satisfaction
of the Director of Engineering Services prior to any rock blasting. A blasting permit
shall be obtained from the Engineering Services Department prior to any rock
blasting. Seismic Recordings shall be taken for all blasting and blasting shall occur
only at locations and levels approved by the Director of Engineering Services.
5 All new slopes shall be a maximum of 2:1 (horizontal to vertical).
6 A final soils compaction report shall be submitted and approved by the City's soils
engineer prior to issuance of building permits,
7 A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior to issuance of building permits.
8 Buildings and parking lots shall be at least five feet from tops and toes of slopes,
unless waived by Planning and Engineering Services Departments prior to grading
permit issuance.
9 Non-supervised or non-engineered fill is specifically not allowed. Rock disposal
areas shall be graded in compliance with City-approved soils investigations and
recommendations and grading plans.
10 Erosion control, including but not limited to desiltation basins, shall be installed and
maintained from Oct. 15th to April 15th. An erosion control plan shall be prepared
by the project civil engineer and shall be submitted as r:>art of the grading plan. The
developer shall make provisions to insure the proper maintenance of all erosion
control devices throughout their intended life.
,
.
740
Resolution No. P-97-12
Page 16
11, The tops and toes6f all graded slopes shall be constructed with a five-foot minimum
setback from any open space area, unless otherwise approved by the Director of
Engineering Services.
12. Inhere is excess dirt material from grading oftheWet'n Wild property (water park),
it shall be placed in the canyon west of the property on the alignment of Kirkham
Way as specifically designated by the Director of Engineering Services. A letter of
permission to grade shall be obtained by the applicant/developer and a copy
provided to the City prior to the placement of dirt.
13. Prior to issuance of a grading permit, the applicant/developer shall submit a copy
of or a proof of filing of a Notice of Intent (NOI) application for coverage of the
National Pollutant Discharge Elimination System (NPDES) permit. An NPDES
permit shall be obtained from the State Water Quality Control Board and a copy
provided to the City prior to start of grading operation,
STREET IMPROVEMENTS
1. Widen the Southerly portion of Scripps Poway Parkway, along the project's frontage
west of Stowe Drive to provide a deceleration lane leading to the development.
Improvement shall be designed to the satisfaction of the Director of Engineering
Services and in conformance to City of Poway Circulation Element Road Standards
and shall include, but is not limited to, removal and replacement of concrete curb
and gutter, sidewalk, street paving, streetlights, striping, and sign age. Additional
street lights and concrete sidewalk shall be constriJctEild along the remaining portion
of the project's frontage on Scripps Poway Parkway
2. Improve the northerly half of Kirkham Way, along the project's southerly boundary,
plus 2.00 feet south of the street centerline. Improvementshall include, but is not
limited to, street paving, construction of concrete curb, gutter, and sidewalk, street
lights, striping, and signage, Total width of improvement shall be based on a full
roadway width of 64.00 feet (curb to curb) in a street right-of-way width of 65.00
feet.
Completion of the improvements shall be made within 12 months of the availability
of usebfan adjacent interconnecting public street, however, the applicant must
complete construction of the street subgrade prior to issuance of a certificate of
occupancy Design of the street improvement shall be subject to review and
approval ,by the Director of Engineering Services and shall be completed prior to
building permit issuance,
3. All street ~tructural sections shall be submitted to and approved by the Director of
Engineering Services prior to improvement plan approval.
~
.
741
Resolution No. P-97-12
Page 17
WATER IMPROVEMENTS
1 A public water system for domestic and reclaimed water lines shall be designed and
constructed to meet the, needs of the development to the satisfaction of the Director
of Engineering Services. Awater system analysis shall be prepared to establish the
size and locations of lines. Cost of analysis shall be paid by the applicant/developer
at first submittal of improvement plans.
Excluded from the project's responsibility is the installation of a waterline connection
to City water supply line located in Scripps-Poway Parkway right-of-way from the
main to the property line and the construction of domestic and/or reclaimed
waterlines in Kirkham Way
2. Fire hydrants, per City of Powayspecifications ai1dstandards, shall be installed at
locations determined by the City Fire Marshal. All fire hydrants and public water
lines are to be placed In dedicated easements to the City
SEWER IMPROVEMENTS
1 A sewer system shall be designed and constructed to meet the requirements of the
City of Poway and the County of San Diego Department of Health,
2, Within 30 days after receiving City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) to reserve an initial amount of sewerage
availability for 66 EDUs :and post with the City, a nonrefundable reservation fee
equal to 20% of the sewerage connection fee in effect'at the time the LOA is issued.
After one year of the water park's operation, sewage flows wilL be monitored with a
potential purchase of sewer EDUs creating a total usage of 120 EDUs,
3, Install a wastewater metering system, to the satisfaction of the Director of
Engineering Services, prior to occupancy
4. If the applicant/developer has an agreement with the previous property owner or
developer of City of poway TM 89-08 relative to the allocation of and credit for
payment of sewer EDU reservation, then those amount of payments shall be
credited accordingly upon presentation to the City of a letter from the reserver of
LOA # 233 agreeing to giving the credit.
,
.
742
Resolution No. P-97-12
Page 18
DRAINAGE IMPROVEMENTS
1 Adrainage system capable of handling and disposing of all surface water originating
within the project, and aU surface waters that may flow onto the project from
adjacent lands, shall be required, The drainage system shall include a drainage
study, easement dedica,tions, structures, storm drains, and detention basin as
required by the Director of Engineering Services to properly handle the drainage.
Developer is not responsible for constructing the storm drain facilities from Kirkham
Way to the detention basin. The drainage system sizing shall accommodate
ultimate build out conditions,
2, Intersection drains shall be required at locations specified by the Director of
Engineering Services and in accordance with standard engineering practices.
3. Portland cement concrete gutters shall be installed where water crosses the
roadways.
4 Concentrated flows across driveways andlor sidewalks shall not be permitted.
5. Drainage improvements shall be completed prior to building permit issuance.
OTHER UTILITIES
1 All proposed electrical/communication/CA TV utilities within the project shall be
installed underground including existing electrical ptilities less than 34.5 KValong
Circulation Element roads and/or highways. The applicant/developer is not
responsible for installing any conduits for power, telephone, and cable lines in
Kirkham Way
2. Utility easements shall be provided to the specification of the serving utility
companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding of
existing public utilities as required.
4. Cable television services shall be provided and installed underground, The
developer shall notify Cox Communications and Southwestern Cable TV when
trenching for utilities is to be accomplished,
5. Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurtenances shall be shown on the grading limprovement plans.
,
.
743
Resolution No. P-97-12
Page 19
6. All on-site private,sewer mains shall be constructed to public sewer standards and
specifications and shall"beshown on the grading/improvement plans.
7. All public utility lines (Le., water, sewer, drainage) notlocated within public streets
shall have an improved access over and along the 'respective easement, the
surfacing and width of which shall be acceptable to the Directors of Engineering
Services and Planning Services,
8. An on-site reclaimed water' system shall be sized and installed for landscaping and
irrigation to the satisfaction oflhe Directors of Engineering Services and Planning
Services.
OTHER REQUIREMENTS
1 Improvement plans for streets and any other public utility lines, prepared on
standard sheets of Mylar by a Registered Civil Engineer, shall be submitted for
approval by the Director of Engineering Services prior to building perlTlit issuance.
Plan check and inspection fees shall be paid by the developer.
2, A Standard Agreement for the Construction of Public Improvements shall be
executed by the developer prior to improvement plan approval. Appropriate
securities shall also be'posted with the submittal of the Standard Agreement to the
Engineering Services Department.
3 All street and any public improvements as noted in the Standard Agreement for
Construction of Public Improvements shall be conStructed within 2 years from
execution of said agreement or issuance of a certificate of occupancy , whichever
comes first. Excepted from thisctime line of construction is the construction of street
improvements for Kirkham Way which shall be completed within 12 months of the
availability oruse of an adjacent interconnecting public street.
4 Water and' sewer m~in lines and appurtenances that will be installed at locations
other thl:ln within public streets shall have an easement, a minimum of 20 feet wide
foreach line, dedicated to the City of Poway. Multiple parallel facilities will require
additional easement width for on-site facilities.
5 Street rights-of-way for Scripps poway Parkway widening and Kirkham Way, and
a 1 O,QO-foot wide general utility easement along the sidelines of said street rights-
of-way shall be dedicated to the City,
6. All easements and/or right-of-way dedications to the City shall be recorded in the
office of the Recorder of San Diego County prior to issuance of a certificate of
,
.
744
Resolution No. P-97-12
Page 20
occupancy A processing fee shall be paid to the City for all easements and/or right-
of "way' dedications made through a separate instrument(s) other than a map.
7, All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior to exoneration of securities, to the satisfaction of the
Directors of Engineering Services and Planning Services.
8. The developer shall acquire an encroachment permittor any private improvements
placed within the public right-of-way
9. Prior to any work performed in the public right-of"way or City-held easements, a
right-of-way permit shall be obtained from the Engineering Services Department and
appropriate fees paid, in addition to any permits required.
10 A NPDES permit will be required from the State Water Quality Control Board in
accordance with the Final SEIR mitigation measurewhich states:
To ensure that Seeler Canyon and Seeler Creek are not adversely impacted
by any non-storm water discharge, a National Pollutant Discharge
Elimination System (NPDES) permit shall be obtained from the State Water
Quality Control Board pursuant to Chapter 13.09 of the poway Municipal
Code, Prior to the issuance, of a grading permit for the project, the City shall
have on file proof that the applicant has filed a Notice of Intent with the State.
11 All applicable conditions contained in the resolution of approval for Tentative Tract
Map No. 96-01 shall apply here as well.
12. Prior to the issuance ota grading permit, the subdivider shall submit a letter to the
City Engineer confirming that the final grading, construction, and development of the
Tentative Tract Map area will not conflict with the access to and over, and the
maintenanceofthe S.D G.&E.lCox Cable easement located adjacent to the westem
boundary property line of the Map area.
FEES
ApplicanUdeveloper shall pay $608,000.00 in fees and distributed as follows:
1 Grading Plan checking fee = $15,000 00 (to be paid at first submittal of plans)
2. Grading Inspection fee = $15,000 00 (to be paid prior to plan approval)
3. Improvement Plan checking fee = $15,000.00 (to be paid at first submittal of plans)
,
.
745
Resolution No. P-97-12
Page 21
4 Improvement inspection fee = $15,000.00 (to be paid prior to plan approval)
5, Building fees = $80,000.00
6; Miscellaneous fees = $468,000.00 for payment of,but not limited to, the following,
A. Development Fees - to be paid or secured prior to building permit issuance
a. Water base capacity fee, water meter fee, SDCWA base capacity fee
b. Sewer connection fee
c. Traffic mitigation fee (contribution to traffic signal at Stowe Drive)
d. Drainage fee =$63;000.00
B. Grading permit fee
C. Geotechnical Review,fees
D Improvement plan administrative fee
E. Water system analysis fee
F Easement processing fee
G, Right-of-way permit fee and necessary inspection fee
H. Plan review fee for construction changes
I. Additional plan Checking and inspection fees
J Sewer cleanout fee
K. Sewer cleanoutinspection fee
L. Streetlight advance energy charge
Map checking fee is notincluded above.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 18th day of March, 1997
~~~ -
Don Higginson, Ma;:l)
~
ATTEST'
/.
f' _'"' ..'
, ,-'
~ .L.j'...... L..:....
I hereby certify, under the penalty
of periury, that the above and
foregoing is a true and corred
copy of Resolution No~9?-/.Q .
as adopted by the City Council of
Poway, California on the / ~
day of'/J:7~ ,19 'l+-
MARJORIE K, W AHLSTEN. CITY CLERK
bY~ ~ J1)~ t:
'- ^
Marjorie K. Wahlsten, City Clerk
~
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746
Resolution No. P-97-12
Page 22
STATE OF CALIFORNIA )
)SS,
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P-97-12, ,was duly adopted
by the City Council at a meeting of said City Council held on the 18th day of
March ,1997, and that it was so adopted by the following vote:
AYES.
CAFAGNA, EMERY, GOLDBY. REXFORD, HIGGINSON
NOES:
NONE
ABSTAIN'
NONE
ABSENT
NONE
-, , / f---
) J \....~ - ~... K ,'l (\. :....~ L....~
Marjorie K. Wahlsten, City Clerk
City of Poway
E:ICITY\PLANNINGlREPORT\W&WCUPDR.RES