Res P-97-12RESOLUTION NO. P- 97-12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 96-05
AND DEVELOPMENT REVIEW 96-02
ASSESSOR'S PARCEL NUMBER: PORTION OF 323-090-73
WHEREAS, the Conditional Use Permit CUP 96-05 and Development Review DR
96-02 related development applications have been submitted by Wet'n Wild, Inc., the
Applicant, for the and operation of the proposed Wet'n Wild Water Park
Project, a family-oriented ac park on 43.4 g the South Poway
Business Park, which came before the City Council for public hearing on Mamh 18, 1997;
and
WHEREAS, the Director of Planning Services has :led 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
follows:
On March 18, 1997 the City Council, pursuant to the previsions of the California
G l Code and the California E Quality Act (CEQA) considered the
proposed Wet'n Wild Water Park Project consisting of the Final Subsequent E
Impact Report (Final SEIR, State Clearinghouse # 96071095) and the related project
development applications including: South Poway Specific Plan Amendment (SPA
84-01DD), Tentative Tract Map (TTM 96-01), Conditional 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 impacts of all the project applications,
found that the Final SEIR is complete and adequate and fully complies with all
req : 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 Habitat C Plan permits or the U.S. Fish and
Resolution No. P-97-12
Page 2
Wildlife Service is a violation of the U.S. Endangered Species Act. Proof of such
auth I be required prior 1 I grading permits, cleating and grubbing
permits and improvement plan approvals
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Permit
The proposed project' : with the General Plan goals, I: :l
strateg' :led 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 The proposed
project l with the Specific Plan for the South Poway Planned
Community (PC) zone.
The proposed project will not have adverse aesthetic, health, safety, or
architecturally related impacts upon adjoining properties in that the
architectural style and I with the guidelines and standards
set forth in the Poway Comprehensive Plan, the Poway Municipal Code, and
the South Poway Specific Plan.
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.
The proposed project encourages the ordedy and h . 3pearance
of :l 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.
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.
The design and operation of the pro!posed project is not likely to cause
substantial damage and avoidable injury to humans and
wildlife or their habitat in that these 1' ' -lered in the certified
Final SEIR and th ,1 CEQA Findings adopted by the City Council,
in that the potential noise effects of the project will comply with the City Noise
Ord :l in that th ' ' ;I 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
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The proposed project is not a threat to public health in that all lots will be
served by publ :1 sanitary :l be subject to County
Department of E Health regulations;I hazardous
food service, aquatic pools, and water filtration systems.
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The proposed project' l with the General Plan goals, I: :1
strateg' :led 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 The proposed
project l with the Specific Plan for the South Poway Planned
Community (PC) zone.
The proposed project will not have adverse aesthetic, health, safety, or
architecturally related impacts upon adjoining properties in that the
amhitectural style and : with the guidelines and standards
set forth in the Poway Comprehensive Plan, the Poway Municipal Code, and
the South Poway Specific Plan.
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.
The proposed project encourages the ordedy and h 3pearance
of structures and property within the City in that the proposed buildings and
are consistent with the design guidelines and
standards of the South Poway Specific Plan.
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.
The design and operation of the proposed project is not likely to cause
substantial :al damage and avoidable injury to humans and
wildlife or their habitat in that these l' ':lered in the certified
Final SEIR and th -I CEQA Findings adopted by the City Council,
in that the potential noise effects of the project will comply with the City Noise
Ordinance, and in that th ' ' ~ 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 4
The proposed project is not a threat to public health in that all lots will be
served by publ :1 sanitary -1 be subject to County
Department of E Health regulations~ hazardous
food service, aquatic pools, and water filtration systems.
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.
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.
The project site is physically suitable for the density of the development
proposed in that the net build abl I adhere to the acreage allocated
in the adopted South Poway Planned Community Poway Specific Plan.
The design of the proposed project will not conflict with any easement
acquired by the public at large, now of record, 1' through or use of
the property within the proposed subdivision.
The grading plan for the proposed project includes fill slopes that are 30' or
g ~ical height. The City Grading Ordinance requires City Council
approval of all fill slopes of such height. The City Council finds that such fill
siol: l with the grading standards of the South Poway Specific
Plan, and therefore, are hereby approved.
The following findings are in compliance with Section 6.1.B. of the Implementing
AgreementJCESA MOU approved in with the adoption of the City of Poway
Subarea Habitat Conservation Plan/NCCP Plan (PSHCP).
The miti~ : with and fu~rthers 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 project development applications and is also a condition of project
approval, and in that the undisturbed coastal sage 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 adjacent to Beeler Canyon will
be preserved as permanent biological open space in fee title to the City of
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Resolution No. P-97-12
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Poway, and in that the fill slopes to be created in with project
grading and located in the northern portion of the subject open space lot will
be revegetated with coastal sage scrub plant species found in the
undisturbed area of the subject lot, and such revegetation will be
appropriately monitored 1' I growth and establishment.
The mitigation habitat is appropriately located in the PSHCP Mitigation Area
to enhance the long-term viability and function of the preserve system in that
the 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.
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 gnatcatcher as well as other Covered
Species and their habitats found in the PSHCP Mitigation Area and adjacent
habitat
The mitigation will foster th impl : the PSHCP in an
effective and efficient ' that the mitig I 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 :1 protect a significant amount of biological open space in the
Mitigation Area in perpetuity.
The mitigation will not result in a negative fiscal impact with regard to the
impl :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.
)ecision:
The City Council hereby approves CoNditional Use Permit CUP 96-05 and
Development Review DR 96-02, a copy of which applical' file in
the Planning Services office, and subject to the following conditions.
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 g
as shown on the approved related Tentative Tract Map No. 96-01
application.
Resolution No. P-97-12
Page 6
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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condil' :l herein.
Revised site plans and building elevar ~orating all conditions of approval
shall be submitted to the Planning Services Department prior I =building
permits.
Approval of this request shall not
Ordinance and all other applicable City Ord'
permit issuance.
31lance with all i the Zoning
Yect at the time of building
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 req : the City.
All roof appurl :ling air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Services Department.
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 ord fect at the time of building
permit issuance.
This approval shall become null and void if building I;
project within two years from the date of project approval.
: issued for this
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 h :1 during the past year. If there is evidence that the
permit is not in compliance with the conditions of approval, the required annual
review shall be set for a 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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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, residential, and natural open si;
The proposed project, including th . -1 site grading, project construction,
and project operation shall comply with the applicable mitigation
contained in the certified Final SEIR and the approved Mitigation
Monitoring and Reporting Program contained in the Final SEIR.
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.
The project's building and structure square footage, architectural design, and
construction materials shall be in with the approved Detailed Site
Development Plan, building and :1 floor plans, and materials
sample board, respectively.
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 atl Id be determined in the future based
on state-of-the-art design, and the timing for of these facilities is
dependent on the market and attendance of the Water Park. The of
any of these future rides shall require Development Review approval by the City
Council.
The Water Park shall have a policy restricting the admission of children under 10
years of age without proper supervision. Appropriate signage shall be installed at
the entry to inform the public of this policy.
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 life-
threatening emergencies, approl: I)reviders shall be immediately called
' ;~ 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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Construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m.,
Monday through Saturday, and as specifically limited by the noise-
related mitigation lained in the certified Final SEIR.
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.
Prior to tl~ = a Certificate of Occupancy, the project applicant shall obtain
and comply with all necessary permits and approvals from the County Department
of E Health.
The sale of beer and wine on the premises of the water park facility shall be
restricted to the food buildings and to the picnic or group areas for private parties.
Th 3tion of beer and wine shall be restricted to designated areas and beer
and wine shall not 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 I The applicant shall provide the City with a copy of the
I -1 by the Alcoholic Beverage Control Board prior I l of
use.
The I: ~ain link security fencing proposed along the east, west and south
property lines shall be vinyl coated.
Prior to any use of the project site or b Iy being :1 thereon,
all conditions of approval contained herein shall be completed to the satisfaction of
the Director of Planning Services.
The Applicant shall enter into a Development Agreement/Owner Participation
Agreement with the City/Redevelopment Agency prior to issuance of building
permits.
The proposed Water Park Facility may operate 160 days annually from April through
September. During the reg the Park may be open from 10:00
a.m. until 11:00 p.m.
;IAL EVENTS
In addition to normal Water Park activities, special activities may be conducted at
the Beach Club planned around a beach theme, and may include g 3 as
the limbo, ring toss, pizza eating and basketball shooting contests, karaoke
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Resolution No. P-97-12
Page 9
sing-alongs, and th '[ainment. Music may be 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.
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 t 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.
'.COMPLIANCE
The noise generated from the Beach Club entertainment and the public address
system shall not exceed the noise I 31ished 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.
If the City 31aints from the public regarding the operation of the
Water Park, the Applicant shall institute a Noise Monitoring Program to the
sal I the Director of Planning Services.
LIGHTING
All outdoor lighting fixtures within the Water Park Facility development, other than
Iow p -lium fixtures, shall be turned off between the hours of eleven p.m.
and 3t when business operating hours continue after eleven p.m., but
only for as long as such b ; basis or for special events.
Pursuant to the South Poway Specific Plan, the height of I::1 lighting
fixtures in the parking lot areas shall be limited to a height of 40 feet
above the paved surface.
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In accordance with the Specific PI :t theatrical lighting may be permitted.
Neon lighting may be used as "accent lighting" to appropriately highlight
architectural building f :1 signage. Any such use of neon lighting shall be
integrated into building and signage design. Theatrical lighting, white and colored,
may be utilized at group :h I the facility where appropriate, as
long as such lighting is properly shielded to confine ill to a theatrical
activity or event.
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.
Resolution No. P-97-12
Page 10
SIGNAGE
A main entry sign at the ' ' 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 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 pement of sign copy (each side) may be utilized 1;
reader board for display of special event ls or periodic messages as
appropriate. This entry sign shall be setback a ' ' :25 feet measured from
the back of curb. This sign shall be made of :1 color that
with the architecture and colors of the Water Park.
Park theme signs reading '~Net'n Wild" may be installed at the main park entry and
at the Group Tent in 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 :l made of backlit acrylic letters a
of 6 feet in height. The main park entry theme sign may be elevated above grade
: 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
of 6 feet in height. This theme sign may be elevated above grade a
145 feet in height.
Identical : signs on either side of the Park entrance driveway at Scripps
Poway Parkway may be installed. These signs shall be wall-tyl: l signs
with 1' 'falls and complementary landscaping. The l signs
may display the "Wet'n Wild/America's Water Park" name/logo using backlit or
frontlit lettering limited to 24" in height. Th lwalls shall be limited to 8 feet
and shall mimic the color and architectural elevation of the buildings at the Front
Entry Building Complex.
Other interior park signage located inside the main park entry and not visible from
off~ :ling directional signs, park kiosks, special event signs, and
other g :1 information signage is not regulated.
CIRCULATION AND PARKING
Th :1 exit to the Water Park shall be at 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.
Resolution No. P-97-:[2
Page 11
A gated entry at the northeast corner 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 req : the Fire Marshal. A ' ' ~
28 feet wide emergency access shall be provided, :1 free and clear at all
times during -1 operation of the Water Park in accordance with Safety
Services Department req All two-way traffic aisles shall be a ' ' :
25 feet wide.
Along the ful I Kirkham Way, access for employ 3icles
shall be provided adjacent to 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 imp shall be provided at the time the
adjacent Kirkham Way is completed and opened.
The number, type, and d' 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.
All parking spaces shall be double striped to City standard.
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 ¥. 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.
The storage of trucks and other vehicles is prohibited at the Water Park site,
including the parking lot areas.
LANDSCAPE IMPROVEMENTS
The Water Park shall be lushly landscaped. Complete landscape plans and
construction d 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 Req
(latest edition).
The project's Illustrative Site Plan and all landscaping and irrigation improvement
plans and d shall be completed to the satisfaction of the
Director of Planning Services.
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The use of reclaimed water for irrigation purposes shall be verified with the Director
of Engineering Services.
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
~all include a separate figure for Landscape rvl District (LMD)
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Streetscal; ¢ ' for the Scripps Poway 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.
Landscape and irrigation
licensed landscape architect.
documents shall be signed by a California
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 :lation contained in the City Council agenda report for the
proposed Water Park and to th ~ the Director of Planning Services.
Street t ' ' "15 gall larger, shall be installed in accordance
with the City of Poway Guide to Landscape Req ' ~ shall be planted at
an average of 30 feet on center spacing along all streets.
A minimum of 60 trees per g 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
Landscaped areas within the adjacent public right-of-way shall be permanently and
fully :1 by the owner. Improvements within the LMD areas shall be
maintained by the developer for one year after City Council acceptance of all
imp
All landscaped areas shall be :1 in a healthy and thriving condition, free
from weeds, trash, and debds. The trees shall I; ~]ed and allowed to retain
a natural form. Pruning should h :t I the health of the trees and
to protect the public safety. Unnatural pruning, including topping, is
not permitted.
Resolution No. P-97-12
Page 13
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Class A fire retardant roof covedng shall be used as per UBC Section 3203(e) and
City of Poway Ordinance No. 64.
The street address shall be prominently displayed on the "main entry sign" along
Scripps Poway Parkway' ~ least 6" in height. The address shall also be
displayed on the roof of a Park building in ~ lisfactory to the Director of
Safety Services, and meeting Sheriff's Dept.- ^STREA criteria.
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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 having a minimum of 13' 6" of
vertical The road surface type shall be approved by the City Engineer,
pursuant to the City of Poway Municipal Code. (P.M.C.)
Some buildings will be required to install an approved fire sprinkler system meeting
P.M.C. req The entire system is to !1; :1 by a central monitoring
company. System post ind :h tamper switches, :1, are
to be located by the City Fire Marshal prior to installation.
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.
A 'Knox' Security Key Box shall be required for the building(s) at a location
determined by the City Fire Marshal. ^ "Knox" padlock shall be required for the fire
sprinkler system Post Indicator Valve.
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Fire Department access for use of fire fighting equipment shall be provided to the
immediate job site at the start of construction and J at all
times until is completed.
Permanent :lways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75'
travel distance.
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The addition of on-site fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
Resolution No. P-97-12
Page 14
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Material Safety Data Sheets shall be required for all hazardous and/or toxic
sub , :1 in each building.
An Emergency Contingency Plan and Hazardous Materials D ~all be filed
with the County of San Diego Department of E Iai Health and copies
provided to the City of Poway Fire Department.
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 otb :tion activity has been substantially completed
to the sal :the City.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the facility.
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.
An additional fire hydrant will be required at the southwest corner of the employee
parking lot.
Widen toa * '
~ 20 feet the roadway in front of the main entry.
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.
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.
Prior to the submittal of building plans, the Applicant shall submit an Emergency
Response Plan which addresses the formation of an Emergency Response Team
and the procedures to be taken by the Applicant in case 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 pub]' mitigation :the
certified Final SEIR.
Resolution No. P-97-:~2
Page 15
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
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.
A soils/geological report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
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 1 : grading permit.
A pro-blast survey of the surrounding property shall be conducted to th
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
2:1 (horizontal to vertical).
A final soils compaction report shall be submitted and approved by the City's soils
engineer prior I = building permits.
A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior t :building permits.
Buildings and parking lots shall be at least five feet from tops and toes of slopes,
:1 by Planning and Engineering Services Departments prior to grading
permit issuance.
Non-supervised or non-engineered fill is specifically not allowed. Rock disposal
areas shall be graded in compliance with City-approved soils investigations and
:lations and grading plans.
10.
E Irol, including but not limited to desiltation basins, shall be installed and
~1 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.
Resolution No. P-97-12
Page 16
11.
The tops and toes of all graded slopes shall b ~ with a five-foot minimum
setback from any open space area, unless otherwise approved by the Director of
Engineering Services.
12.
If th dirt matedal from grading of the Wet'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
p 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 ' ; 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.
STREETIMPROVEMENTS
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
S ~ ' to City of Poway Circulation Element Road Standards
and shall include, but is not limited to, removal and replacement of ~
and gutter, sidewalk, street paving, street lights, striping, and signage. Additional
street lights and '~ewalk shall h :1 along th ' ' ;] portion
of the project's frontage on Scripps Poway Parkway.
Improve the northerly half of Kirkham Way, along the project's southerly boundary,
plus 2.00 feet south of the street . Improvement shall include, but is not
limited to, street paving, ' ; ), 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 imp3all be made within 12 months of the availability
of use of an adjacent~ public street, however, the applicant must
complete 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 S :1 shall be completed prior to
building permit issuance.
All street structural ~all be submitted to and approved by the Director of
Engineering Services prior to improvement plan approval.
-- Resolution No. P-97-:[2
Page 17
WATER IMPROVEMENTS
A public water system for d :1 reclaimed water lines shall be designed and
:1 to meet the needs of the development to the satisfaction of the Director
of Engineering Services. A water system analysis shall be prepared to establish the
size and I ! lines. Cost of analysis sh~all 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.
Fire hydrants, per City of Poway specifications and standards, shall be installed at
locations determined by the City Fire Marshal. All fire hydrants and public water
lines are to be placed in dedicated to the City.
'EMENTS
A sewer system shall be designed and J to meet the req
City of Poway and the County of San Diego Department of Health.
the
Within 30 days afl ' ' ;] City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) 1 amount of sewerage
availability for 66 EDUs and post with the City, a nonrefundable reservation fee
equal to 20% of the sewera~ fee in effect at the time the LO^ is issued.
After one year of the water park's operation, sewage flows will I: -1 with a
potential purchase of sewer EDUs creating a total usage of 120 EDUs.
Install a metering system, to the
Engineering Services, prior to occupancy.
of the Director of
=
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
LOA # 233 agreeing to giving the credit.
-- Resolution No. P-97-12
Page 18
DRAINAGE IMPROVEMENTS
A drainage system capable of handling and disposing of all surr ' ;]inating
within the project, and all surface waters that may flow onto the project from
adjacent lands, shall be required. The drainage system shall include a drainage
study, easement dedications, storm drains, and detention basin as
required by the Director of Engineering Services to propedy handle the drainage.
Developer is not responsible 1' ~ing the storm drain facilities from Kirkham
Way to the detention basin. The drainage system sizing shall Jate
ultimate build out conditions.
Intersection drains shall be required at locations specified by the Director of
Engineering S -I in accordance with standard engineering practices.
Portland cement concrete gutters shall be installed where water crosses the
roadways.
4. Concentrated
driveways and/or sidewalks shall not be permitted.
5. Drainage imf
lall be completed prior to building permit issuance.
All proposed electrical/ Iion/CA-I-V utilities within the project shall be
installed underground including existing electrical utilities less than 34.5 KV along
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.
Utility shall be provided to the specification of the serving utility
companies and the Director of Engineering Services.
The developer shall be responsible for the
existing public utilities as required.
and undergrounding of
Cable television services shall be provided and installed underground. The
developer shall notify Cox C iions and Southwestern Cable TV when
trenching for utilities is to be accomplished.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appud lall be shown on the grading/improvement plans.
_ Resolution No. P-97-].2
Page 19
All on-site
specifl
~all I: ~ to publ Iandards and
shall be shown on the grading/improvement plans.
All public utility lines (i.e., water, sewer, 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 Directors of Engineering
S :1 Planning Services.
^ i water system shall be sized and installed for landscaping and
irrigation to the satisfaction of the Directors of Engineering S :1 Planning
Services.
{EMENTS
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 permit issuance.
Plan check and inspection fees shall be paid by the developer.
A Standard Agreement for the C of Public Imp shall be
executed by the developer prior to improvement plan approval. Appropriate
lall also be posted with the submittal of the Standard Agreement to the
Engineering Services Department.
All street and any public improvements as noted in the Standard Agreement for
Construction of Public Imp shall be ' :1 within 2 years from
execution of said agreement : a certificate of occupancy, whichever
comes first. Excepted from this time line of ' the construction of street
imp for Kirkham Way which shall be completed within 12 months of the
availability of use of an adjacent ' ~l public street.
Water and lines and appurtenances that will be installed at locations
other than within publ ~all h '., ' ' ! 20 feet wide
for each line, dedicated to the City of Poway. Multiple parallel facilities will require
additional easement width for on-site facilities.
Street rights-of-way for Scripps Poway Parkway widening and Kirkham Way, and
a 10.00-foot wide general utility easement along the sidelines of said street rights-
of-way shall be dedicated to the City.
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
__ Resolution No. P-97-12
Page 20
occupancy. A processing fee shall be paid to the City for all ~/or right-
of-way ded :le through a sel: :(s) other than a map.
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior to of securities, to the of the
Directors of Engineering $ :1 Planning Services.
The developer shall acq lment permit for any private iml;
placed within the public right-of-way.
Prior to any work performed in the public riglht-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 lich states:
To ensure that Beeler Canyon and Beeler Creek are not adversely impacted
by any 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. Pdor to tt; : 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 condil'
Map No. 96-01 shall apply h
:1 in the resolution of approval for Tentative Tract
I.
12.
Prior to th : a grading permit, the subdivider shall submit a letter to the
City Eng ' .;I that the final grading, :1 development of the
Tentative Tract Map area will not conflict with the access to and over, and the
:the S.D.G.&E./Cox Cabl :located adjacent to the western
boundary property line of the Map area.
FEES
Applicant/developer 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)
Resolution No. P-97-].2
Page 21
Improvement inspection fee = $15,000.00 (to be paid prior to plan approval)
Building fees = $80,000.00
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, fee, SDCWA base capacity fee
b. S 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 ad fee
E. Water system analysis fee
F. Easement processing fee
G. Right-of-way permit fee and necessary inspection fee
H. PI fee f changes
I. Additional plan checking and inspection fees
J. S ~fee
K. S : inspection fee
L. Street light ac, ,;~y charge
Map checking fee is not included 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~"~)~
ATTEST:
Marjorie K. Wahlsten, City Clerk
-- 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. 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:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA,
NONE
NONE
NONE
EMERY, GOLDBY, REXFORD,
HIGGINSON
MarjOrie K. Wahlsten, City Clerk
City Of-Peway
E:\CITY~F