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Covenant Regarding Real Property 1997-0164529 - .I';~.. '. '+~'- ~.....\_.. . -----:::-- RECORDING R. EQUEST'B;Y: -..- '.'" . 'C1'rYPF riOWp.y WHEN RECORDED MAlLto:), CITY CLERK ,CI'rYOFP,l5WAY P o BOX 789 POWA Y CA 92074-0789 NoTransfe~Tax Due ) ) ) ,) ) ) ) ) ) ) ) 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' NF: - 1.00 ff 'J~Z 2 (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 In ,the event thatWet;n;vit;id Water ParkProjecVConditional.Use Permn 96-05 expires or is rescinded by City Council at the request'of,the OWNER, CITY shall expungethisC;ovenant from the record title,ofthe PROPERTY In the event of litigation to enforce the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 ,. , , ruJ tltee. 1/-<4 s f',.A .c" . we.,;;" uJl"O ?~"'A '1, J:,.,rc I IHAAlA"'S''''5 JHt'~ Dated: 4/t/? 7 ' . Poway Partners,U:'c:. A California:Umned'LiabiJity Company, OWNER (Notarize) Dated: 3-\,/;117 CLTY OF POWAY By: 7?1.~., 0r-ct~-M.. . ,';i.. .- ~AlIFORNIA ALL"PURPOS'ACKNOWLEDGMENT ~."":' ' , ,. " ,. ., ,. '. . 72 Stateo!. T e)(JAS Cou nty of Ittrrto'r1 + On A--p v' \ I) \4"jl- Date 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. rT:':'-';'-;.)j"'''''.;'-~.~ !' '~,".$.j:...",~ ,.~:,,::--..-~.... '"#."'- ... ..- " ,'- ..-t," . '(V~ ~ A ~' Si~riatureofNotarypubliC . 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: - Capacity(ies) ClaimedI>Y:!::ljg~er(s) 1~ , ~ . ,., I'" "fi...,. 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 '2 ,,~ . . 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 . . 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 . . 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 . . 727 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. . . 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 . . 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, . . 730 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. . . 731 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. . . 732 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 . . 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 . . 734 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. . . 735 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 ~ , . 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