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Covenant Regarding Real Property 1997-0531214 ~ '} . . . , . RECORDING REQUEST BY: ) f~ . DOC " 1997-0531214 ) I~t' OCT 23. 1997 9:22 AM CITY OF POWAY ) ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) SAN OIEGO COUHTY RECOROER'S OFFICE ) 83' _ GREGORY J. SMITH. COUHTY RECORDER CITY CLERK ) FEES: 55.00 CITY OF POWAY ) POBOX 789 ) POWAY CA 92074-0789 ) 11111111111111I1111I111I1~JmJllllllllllllIllllllllllllIl ) No Transfer Tax Due ) (This space for Recol COVENANT REGARDING REAL PROPERTY Joseph G, and Lisa B. Lucidi ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 322-011-03 ("PROPERTY" hereinafter). In consideration of the approval of Conditional use Permit 96-18/Development Review 96-23 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Conditional Use Permit 96-18/Development Review 96-23 is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY, In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party, Dated: \ I:> - 'L tl - q / Dated: It) 'J() , C) "1 CITY OF POWAY Dated: q -)3-<11 By: &00.- w7--f -t.A~-tfU,/ ... . CALIFORNiA ALL.PURPc& ACKNOWLEDGMENT . State of 8~ On before me, . personally appeared L I " , D personally known to me ~ed to me on the basis of satisfactory evidence tGGLE~~~~J - NOTARVPUllUCCAL1fORN-~ COMM_ NO, 1006153 _ . N DIEGO CQJNlY l UVMMM_EXP.JULY,I6. lml to be the person(s) whose name(s)Xlare subscribed to the within instrument and acknowledged to me that-Reffifte/they executed the same in ~/their authorized capacity(ies), and that by Risfher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , " Signature 01 Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. , Description of Attached Document , , " , ~ 7 Number of Pages: IJ.-k. O~jj -aJl17<l ~ Capacity(ies) Claimed by Signer(s) Signer's Name:/' '-sa E. Lw. C-(c[; Document Date: Signer(s) Other Than Named Above: Signer's Name:J"oseph . 6- - L-lC-L cl ( '~ividual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Ia-lndividual o Corporate Officer Title(s): o Partner - 0 Limited D General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Signer Is Representing: .:; ,E"~i:. .~ . ;'j} ~~.;;; ~..~_-:_._..t':- j~;f;~O;" -~~ . Top of thumb here C 1996 National Notary Association. 8236 RemmetAve., P.O. Box 7164. Canoga Park. CA 91309.7184 Prod, No. 5907 Reorder: Call Toll-Free '-800-876-6827 . .- . . LEGAL DESCRIPTION .85 THAT PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 14, SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWA Y, COUNTRY OF SAN DIEGO, STATE OF CALIFORNIA M ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY OF THE CENTERLINE OF COUNTY ROAD SURVEY NO. 472(KNOWN AS POWA Y ROAD), WESTERLY OFTHE EASTERLY BOUNDARY OF CALIFORNIA STATE HIGHWAY XI-SD-198-H(STATE HIGHWAY NO. 67) IN THE SOUTHWEST QUARTER OF SAID SECTION 3 AND SOUTHERLY OF THE INTERSECTION OF THE WEST LINE OF SAID SECTION 3 AND THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY XI- SD-198-H IN THE NORTHWEST QUARTER TOGETHER WITH THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 10 ACRES OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFORE THE INTEREST AS GRANTED IN DEED TO THE CITY OF POWAY, A MUNICIPAL CORPORATION, RECORDED DECEMBER 8,1983 AS FILE NO. 83-447029, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SAID POWAY ROAD AND HIGHWAY 67 AS SHOWN ON SAID COUNTY ROAD NO. 472; THENCE SOUTH 80 DEGREES 42'35" WEST ALONG THE CENTERLINE OF SAID POWAY ROAD 300.00 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE NORTH 9 DEGREES 17'25" WEST, 30.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID POWA Y ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 58 DEGREES 42'35" EAST, 21.54 FEET; THENCE NORTH 74 DEGREES 42'35" EAST, 95.00 FEET; THENCE NORTH 58 DEGREES 42' 35" EAST, 21.54 FEET; THENCE EAST, 58.46 FEET TO THE BEGINNING OF A CURVE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 68.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 DEGREES 34'55", A DISTANCE OF $1.72 FEET TO A POINT OF HIGHWAY 67, A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS SOUTH 62 DEGREES 12'16" EAST, THENCE SOUTH 15 DEGREES 32'00" EAST, 52.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID POWA Y ROAD; THENCE SOUTH 80 DEGREES 42'35" WEST ALONG SAID NORTHERLY LINE, 221.27 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 3 LYING EASTERLY OF THE CENTERLINE OF CALIFORNIA STATE HIGHWAY XI-SD-198-H(STATE HIGHWAY NO. 67) EXHIBIT A . . RESOLUTION NO. P- 97-51 WHEREAS, Conditional Use Permit 96-18/Development Review 96-23 for the Poway Equi-Plex submitted by Zip and Lisa Lucidi, applicants, requests approval to construct a horse boarding and training facility for up to 200 horses with barns, stalls, practice and show arenas, foreman's house, bunk house, office, restrooms, and parking on a 100 acre site at the northwest corner of Poway Road and Highway 67; and WHEREAS, on September 23, 1997, the City Council held a duly advertised hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinas: The City Council finds that the project will not have a significant adverse impact on the environment and hereby adopts a Negative Declaration with mitigation measures, but acknowledges the new federal requirement that additional clearances be obtained from the appropriate authority prior to grading of the subject property due to the presence of the Coastal Sage Scrub plant community located near or within the proposed limits of grading. NOTICE. This property in located in an area which is known to contain coastal sage scrub, the habitat of the California Gnatcatcher which has been listed as a threatened species. Existence of coastal sage scrub on your property may affect your ability to proceed with this project. Removal of coastal sage scrub without authorization of the Department of Fish and Wildlife 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: Conditional Use Permit Findings: 1. The approved project is consistent with the general plan in that stables are a permitted use on properties with the General Plan designation of RR-A with the approval of a conditional use permit. 2. That the location, size, design, and operating characteristics of the approved use, as modified by conditions of this resolution, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the use is EXHIBIT B . 87 . Resolution No. P- 97-51 Page 2 located on a large size lot which adjoins others of like kind and use and conditions of approval will limit the potential impact on other properties. 3. That the approved use is in compliance with the Zoning Ordinance, in that stables are a permitted use on properties in the RR-A zone and the property will be required to comply with site and operational standards listed in the large animal ordinance. 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the site is 60 acres in size and the conditions of approval will ensure that the use is conducted in such a way that is to be compatible with surrounding neighbors. 5. That the generation of traffic will not adversely impact surrounding streets and/or the City's Circulation Element, in that access points have been selected to provide safe access to adjacent streets, the projected volume of traffic will not be a significant impact relative to existing traffic volumes, traffic mitigation fees will be paid and the applicant is required to provide on-site parking. 6. That the site is suitable for the type and intensity of the designated use which is approved, in that the property is in a rural area, is relatively flat on the graded pads with remedial grading to occur on the fill slopes, is not affected by f100dways and is large enough to accommodate the use. 7. That there will not be significant harmful effects upon environmental quality and natural resources. 8. That there are no other relevant negative impacts of the approved use that cannot be mitigated. 9. That the impacts and the location, size, design and operating characteristics of the approved use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted general plan. 10. That the approved conditional use will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code and all other applicable codes and ordinances. . 88 tsolution No. P- 97-51 Page 3 Section 3: DeveloDment Review Findinas 1. The approved project is consistent with the Poway General Plan in that a horse boarding, training and riding facility is a permitted land use within the Rural Residential A zoning and land use designation with a conditional use permit and implements an objective of the Housing Element to provide on- site housing for workers. 2. That the approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that the design of the buildings, the landscaping, earthen berm and other improvements conform to the criteria for other horse boarding, training and riding facilities and will be compatible with existing land uses in the vicinity. 3. That the approved project encourages the orderly and harmonious appearance of structures and property within the City in that the architecture of the foreman's residence, office/restrooms, bunkhouse, main barn and other structures incorporates features and building materials that are consistent with the Community Development Standards of the Zoning Development Code. Section 4: City Council Decision: The City Council hereby approves Conditional Use Permit 96-18 and Development Review 96-23 subject to the following conditions: Conditional Use Permit 96-18 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. Conditions marke'd with an asterisk (*) are mitigation measures, 1.' Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. 2. The use conditionally granted by this permit shall be conducted in such a manner as to not interfere with the reasonable use and enjoyment of surrounding rural residential and open space uses. 3.* The hours of operation shall be between 7:00 a.m. and 10:00 p.m. . 89 . Resolution No. P-97-51 Page 4 4 * Light standards for the arenas shall be a maximum height of 30 feet and utilize high pressure sodium lights and restricted to the hours between 7:00 a.m. and 9;00 p.m. except for special events that may permit operation until 1 0:00 p.m. with approval of a temporary use permit. Light standards for the parking lot shall be a maximum height of 30 feet (28 feet on a two foot base) and utilize low pressure sodium lights. 5. Lights on the arenas and security lighting shall be maintained so that light and glare does not impact surrounding properties. 6. No amplified sound system, or paging system, may be used that can be heard off- site except as specifically permitted by Temporary Use Permit. 7.* A site inspection by the County Health Department and/or the Regional Water Quality Control Board is required within two months of opening to verify that manure stockpiling and usage on the site is handled in a reasonable way so as to avoid groundwater and surface water quality impacts. Manure handling shall comply with Section 17.32.010 (F) of the P.M.C. 8* The operation shall be maintained in a clean and sanitary condition. Animal pens and arenas shall be cleaned on a daily basis with manure removed from the site at least once per month so as to avoid impacts to groundwater or to on-site and off-site surface water courses. 9. Permanent on-site restroom facilities with access for persons with physical disabilities shall be provided by the time the facility is ready to open. 10.* The maximum number of horses permitted to be kepi on the subject site is one hundred fifty (150) unless and until additional water studies demonstrate sufficient water for additional horses to the satisfaction of the Directors of Engineering and Planning Services. In any case, the maximum number of horses permitted shall be 200. 11. * The findings of the preliminary or subsequent groundwater resource evaluation shall be followed with regard to determining the productivity of the aquifers and availability of water. 12.* A plan for augmenting the on-site water supply via wells shall be submitted to demonstrate a means to provide extra water at peak times, e.g. using a water truck to bring in water from an approved off-site location during summer months and drought years. If ground water supplies in the area drop significantly at any time, the facility shall reduce the water drawn from wells to no more than would be used by full residential development of the property at current zoning and assuming the citywide average water consumption per household. 90 . Resolution No. P- 97-51 Page 5 . 13. Watering for dust control will occur as needed to minimize dust reaching off-site properties and the nearby roadways. The interior roads and parking area of decomposed granite (dg) shall be maintained in good condition for the life of the facility. 14. Temporary use permits shall be obtained for any special events such as small horse shows or other equestrian events that would draw additional visitors or horses to the site beyond those who regularly board horses, and the horses who are boarded, on the site, 15. In accordance with provisions of the Housing Element of the Poway General Plan, at any time when more than five agricultural workers are regularly employed on the site, on-site housing shall be provided for those workers. This may be in the form of a bunkhouse. 16. * No rental horses are to be maintained on-site. Trainer/schooling horses are allowed in addition to horse boarders. Rules and regulations shall be enforced that will direct horse riders to use only the existing trail network and discourage trespassing on adjacent properties. 17. 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. 18. 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 the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. Development Review 96-23 1. 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. 2. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein, The first phase of improvements shall be clearly shown on a revised exhibit. 3. 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 of building permit issuance. . . 91 Resolution No. P-97-51 Page 6 4. The foreman's house, with garage, of 3,076 square feet, the office/restroom building of 1,110 square feet the bunkhouse of 1,365 square feet, the main barn, the breezeway barn, the shed rows and the tack rooms/offices shall be built in conformance with the drawings submitted for this application. 5. Low-flow plumbing fixtures shall be used in all structures, 6: Improvements for the Poway Road access shall be installed as shown on the signing and striping plan in the "Traffic Impact Analysis: Poway Equi-Plex" prepared by Linscott, Law & Greenspan in January 1997. Necessary permits shall be obtained from CalTrans for the emergency access to Highway 67. 7: Complete an archaeological survey of the property to determine the presence or absence of prehistoric cultural resources. If resources are found, site records shall be completed and filed, and a testing plan implemented. 8. Landscaping shall be installed along the Highway 67 and Poway Road frontages in such a manner so as not to interfere with sight distance per an approved grading and landscaping plan. 9* Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department. Living trees which are approved for removal shall be replaced on a tree-far-tree basis as required by the Planning Services Department. A landscape and irrigation plan using low-flow fixtures shall be submitted in accordance with the City's Guide to Landscape Requirements. Trees and other landscaping shall be planted and maintained throughout the site for visual screening from surrounding parcels and to aid dust control. 10. * A biological conservation easement shall be placed over the 10.5 acres of coastal sage scrub, the less than an acre of alkali seep and the disturbed riparian woodland area as described in the" Biological Reconnaissance, Poway Equi-Plex", Affinis- February 1997. Preservation or mitigation of the 10.5 acres of coastal sage scrub will be required as recommended by the biologist and in conformance with the City's Habitat Conservation Plan including obtaining a 10A permit from the City of Poway. The biologist shall also assess the area impacted by the improvements for the Poway Road access as shown on the signing and striping plan. 11: Contact the Department of Fish and Game to obtain a streambed alteration permit for any grading near or within the ephemeral stream. 12: Contact the Army Corps of Engineers to obtain a wetlands permit, if applicable, for any grading near or within the ephemeral stream. . . 92 Resolution No. P- 97-51 Page 7 13. School fees shall be paid at $1.84 per square foot of assessable space for residential and $0.30 per square foot of floor area for commercial before issuance of building permits. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. SITE DEVELOPMENT 1. For a new commercial development, the applicant shall pay development fees at the established rate. The following fees, including but not limited to, traffic mitigation, drainage, and reimbursement agreement fees shall be paid prior to building permit issuance. Permit and plan check fees shall be paid upon submittal of improvement and/or grading plan, as applicable. Street light energy charges and fire protection fees shall be paid in full prior to building permit issuance. 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. The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of solar access for each dwelling unit and for each future building site within the subdivision. 3. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plan, prepared on a standard sheet of mylar, drawn at a scale of 1" = 20' or larger shall be subject to review and approval by the Planning and Engineering Services Departments and shall be completed prior to issuance of building permit. 6. 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 . . 93 Resolution No. p. 97-51 Page 8 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. 7. All new slopes shall be a minimum of 2:1 (horizontal to vertical). 8. A final compaction report shall be submitted and approved prior to issuance of building permits. 9. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of building permits. 10. Buildings and parking lots shall be at least five feet from tops and toes of slopes, unless waived by Planning and/or Engineering Services Departments prior to grading permit issuance, 11. If pad elevations increase by greater than two feet in height from those approved on the schematic grading plan used as a basis of approving the project, City Council approval will be required prior to grading permit issuance. 12. 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. 13. 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 part of the grading plan. The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. 14, The tops and toes of all graded slopes shall be constructed with a five-foot minimum setback from any open space area. STREETS AND SIDEWALKS 1. All street structural sections shall be submitted to and approved by the Director of Engineering Services prior to improvement plan approval. 2. 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 Department. Plan check and inspection fees shall be paid by the developer. Improvement/grading plans shall be reviewed and approved by CalTrans. . . . 94 Resolution No. P- 97-51 Page 9 3, A Standard Agreement for the Construction of Public Improvements shall be executed by the developer prior to map approval, or prior to building permit issuance, whichever comes first. Appropriate securities shall also be posted with the submittal of the Standard Agreement to the ,Engineering Services Department. 4. All street and any public improvements as noted in the Standard Agreement for Construction of Public Improvements shall be constructed within the time limit imposed in said agreement, to the satisfaction of the Director of Engineering Services. 5. Street improvements shall include, but are not limited to : _X_ Cross gutter Alley gutter _X_ Street paving Alley paving Sidewalks _X_ Driveways Wheelchair ramps _X_ Curb and gutter _X_Striping and signs Street improvements and maintenance shall be made in accordance with City Ordinance standards for urban streets. 6. All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvements, to the satisfaction of the Director of Engineering Services. 7. The developer shall acquire an encroachment permit for any private improvements placed within the public right-of-way from the City and CalTrans. 8. 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/or CalTrans and appropriate fees paid, in addition to any permits required. DRAINAGE AND FLOOD CONTROL 1. A drainage system capable of handling and disposing all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. 2, Portland cement concrete gutters shall be installed where water crosses the roadways at the Poway Road access, Highway 67 emergency access and along the road frontages, . . 95 Resolution No. P- 97-51 Page 10 3. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES 1. All proposed electricallcommunication/CA TV utilities within the project shall be installed underground. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. 3. Water and fire protection systems shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. 4. The applicant has submitted a preliminary water analysis to establish the existing water table, condition, and availability of water. The analysis shall be submitted for review prior to approval of the improvement plans. In order to document adequate water to expand the facilities, further analysis will need to address the effect of this type of development and its demands on the current residents in this area. 5. Developer shall construct a street lighting system conforming to City of Poway standards at no cost to the public, subject to the following: a. Cut-off luminaires shall be installed which will provide true 90-degree cutoff and prevent projection of light above the horizontal plane from the lowest point on the lamp or light emitting refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor light source. c. Advance energy charges and District engineering charges shall be paid by the developer. d. Annexation to the lighting district and evidence of annexation shall be accomplished at the time of final building inspection or issuance of a certificate of occupancy is issued, whichever occurs later. 7. Existing telephone, gas, electric, and any other public utility lines and appurtenances shall be shown on the grading /improvement plans. 8. All utility lines (Le., drainage) not located 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 Director of Engineering Services. . . 96 Resolution No. P- 97-51 Page 11 GENERAL REQUIREMENTS AND APPROVALS 1. Permits from other agencies will be required from: _x_ CalTrans 2. This approval is based on the existing site conditions represented on the proposed site plan. If the actual conditions vary from those representations, the site plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Planning Services and the Director of Engineering Services and may require approval of the City Council. 3. The following fees shall be paid or a security bond posted prior to issuance of a building permit. If a security bond is posted, payment of the fees shall be made prior to issuance of a Certificate of Occupancy. Once payment is received in full said security bond could be released to the applicant. Traffic Mitigation = $990.00 for the house & bunkhouse plus $10 per horse Park = $2,650.00 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. The building shall display its numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. 2. Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13', 6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 3. The building 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. 4. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. . . 97 Resolution No. P- 97-51 Page 12 5. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 6. 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. 7. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. (Includes utility easements.) 8. Minimum 2A:1 OBC fire extinguisher required for every 3,000 square feet and 75' travel distance. 9. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. In areas where no public water mains exist, water tanks and "Jones head" type discharge(s) shall be located so that no structure is greater than 300 feet away from a source of water. This water shall be provided with a minimum of 20 PSI residual pressure at the point of discharge. 10. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 11. An Emergency Contingency Plan and Hazardous Material Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 12. Prior to delivery of combustible building material on site, the water system shall satisfactorily pass all required tests. In addition, the first lift of asphalt paving shall be in place for the Poway Road access and the Highway 67 emergency access aprons and the decomposed granite interior roads and parking areas shall be completed to provide adequate, permanent access for emergency vehicles. The final lift of asphalt for the access aprons shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 13. N.F.PA Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 14. Road accessways shall meet "all weather" surface requirements of the Engineering Services Department. 15. Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64. . . Resolution No. P- 97-51 98 Page 13 16. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 17. Dead end fire apparatus access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of emergency apparatus. REQUIREMENTS FOR DEAD-END & LOOPED ACCESS WAYS LENGTH *0' - 150' *150' - 500' WIDTH 16' 20' TURNAROUNDS None Required 70' Diameter Cul-de-Sac 70' Hammerhead *Curves and topographical conditions could alter the requirements for turnarounds and the width of accessways. Exception: 16' private driveway permissible when serving two or less dwelling units. 18. The access roadway shall be extended to within 150' of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the chief. 19. This dwelling is being built on a parcel size of 100 acre(s) and is beyond 500 feet maximum from the nearest fire hydrant. The dwelling will have to have standby water for firefighting and a residential sprinkler system. The bunkhouse is not subject to a residential fire sprinkler system unless it qualifies by its size becoming larger than anticipated by the Fire Marshal. Contact the Fire Prevention Bureau for details. 20. An residential 'life safety' fire sprinkler system shall be installed in the foreman's residence. 21. A minimum of two (2) 10,000 gallon water tank(s) shall be installed. The location of the water tank shall be determined by the City Fire Marshal. 22. A wildland fuel mitigation plan shall be submitted to eliminate any potential threat of spread of fire from the proposed building and the open space easement. This plan shall be approved by the Directors of Safety Services, Planning Services, and Community Services prior to building occupancy. 23. Any commercial structure exceeding 5,000 square feet shall be equipped with a fire sprinkler system which is monitored at an off-site location. . " . . Resolution No. P- 97-51 99 Page 14 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 23rd day of September, 1997. ~1.-2~~ ' - Don Higginson, Mayor' au ATTEST: COUNTY OF SAN DIEGO ) )SS. ) I hereby certify, under the penalty of perjury, that the above and foregoing is a true and_ corred copy 01 Resolution Nof-11-S'"I, as adopted" by the City Council of Poway, C.~lor ia 0 the '3 ~A./ day of , 19:I:7-. MARJORIE > W AHLSTEN, CITY CLERK bY~; n.~-~p'L> ~>.Jv.nr CJA; GA<<k.- '!rct~-<... K 7U:t..JJ,*,,- Marjorie K. Wahlsten, City Clerk \.J STATE OF CALIFORNIA 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-97-51 . was duly adopted by the City Council at a meeting of said City Council held on the 23rd day of September , 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, GOLDBY, REXFORD. HIGGINSON NOES: EMERY ABSTAIN: NONE ABSENT: NONE l~~ t! 7\J~j"st".. Marjorie\K. Wahlsten, City Clerk City of Eo way E:\CITY\PLANNINGlREPORTlCUP9618,RES