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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 = = o 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. o = = = Resolution No. P-97-12 Page 3 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. ~W 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. 10. 11. 12. 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 = Resolution No. P-97-12 Page 5 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. = 10. 11. 12. 13. 14. 15. Resolution No. P-97-12 Page 7 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. 16. 17. 18. 19. 20. 21. 22. Resolution No. P-97-1Z Page 8 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 = 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. = 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. 4. J = 10. 11. Resolution No. P-97-12 Page 12 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) ,:3e. 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. = 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. = 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. 10. 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 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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