1983-100473. . .
i449
SAN DIEGO COUNTY 83-i004_7_3
PtrCORID QUE��D BY f �t sub t3 7" :. J
LOCAL AGENCY FORMATION COMMISSION j LeriCFA
ate !
RETURN To LAFCO CERTIFICATE OF COMPLETION
A21b
1:33 HAR 30 1,1111: 50
"Sorrento Partners Annexation" to
the Cardiff Sanitation District
DA82 -2 T rT ;° f:c ..,d: 3
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Pursuant to Government Code Sections 35350, 54797,2, and 56450, this Certi-
n
ficate is hereby issued.
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The name of each city and /or district involved in this change of organiza-
tion/reorganization, all located within San Diego County, and the type of
change of organization ordered for each such city and /or district is as
follows;
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City or District Type of Change of Organization
Cardiff Sanitation District Annexation
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A certified copy of the resolution /ordinance ordering this change of organi-
zation /reorganization without an election, or the resolution /ordinance
confirming an order for this change of organization /reorganization after
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confirmation by the voters is attached hereto and by reference incorporated
herein.
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A legal description and map of the boundaries of the above -cited change of
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organization /reorganization is included in said resolution.
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The terms and conditions, if any, of the change of organization/reorganiza-
tion are indicated on the attached form.
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I hereby certify that I have examined the above -cited resolution /ordinance
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for a change of organization /reorganization, and have found that document
to be in compliance with the Commission's resolution approving said change
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of organization /reorganization.
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I further certify that (1) resolutions agreeing to accept a negotiated ex-
change of property tax revenues for this jurisdictional change, adopted by
the local agencies included in the negotiations, have been submitted to this
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office, or (2) a master property tax exchange agreement pertinent to this
jurisdictional change is on file:
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March 24,_1983
WILLIAM D. DAVIS Date
Executive Officer
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(After recordation, return
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to LAFCO @ A216)
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47 4 (714) 236 -2015 - san diego
local agency formation commission
l 1600 pacific highway san dlego ca 92101
Gloria McClellan
Councilwoman,
City of Vista
Stanley A. Mahr
San Marcos County
Water District
alternate members
Paul Eckert
County Board of
Supervisors
Mike Gotch
Councilmember,
City of San Diego
.Marjorie Hersom
Alpine Fire Protection
District
Will the affected property be taxed for any existing bonded
indebtedness or contractual obligation? yes x no
If yes, specify. The Territory will be taxed equally with the
others in the District..
Signature
February 15, 1983
Date
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CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
chairman
Tom Hamilton
County Board of
Sub j ect: �, n
Sorrento Partners Annexation to the
Supervisors
Cardiff Sanitation District (DA82 -2)
executive officer
William D. Davis
Certain terms and conditions are required by the Local
Agency Formation Commission to be fulfilled prior to the
counsel
Donald L. Clark
completion of the above -named change of organization.
members
Ralph W. Chapman
I Gala E. Diaz Benuty Clerk
Otay Municipal
(Name) (Title)
Water District
Roger
do hereby certify that the terms and conditions listed
County Board of
Supervisors
below have been fully met.
Dr.. Charles W. Hostler
Public Member
1. The boundaries shall be modified to conform to
Exhibit "A" attached hereto.
Dell Lake
Councilman. City of
Lemon Grove
Gloria McClellan
Councilwoman,
City of Vista
Stanley A. Mahr
San Marcos County
Water District
alternate members
Paul Eckert
County Board of
Supervisors
Mike Gotch
Councilmember,
City of San Diego
.Marjorie Hersom
Alpine Fire Protection
District
Will the affected property be taxed for any existing bonded
indebtedness or contractual obligation? yes x no
If yes, specify. The Territory will be taxed equally with the
others in the District..
Signature
February 15, 1983
Date
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of ,, 1451
No. 5 Cardiff TUESDAY, FEBRUARY 15, 1983
RESOLUTION OF THE BOARD OF DIRECTORS
CARDIFF SANITATION DISTRICT
ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED
SORRENTO PARTNERS ANNEXATION
On motion of Director Hamilton seconded by Director Hedgecock ,
the following resolution is adopted:
WHEREAS, pursuant to the District Reorganization Act of 1965 (Gov. Code,
S 56000 et seq.) preliminary proceedings were commenced by resolution of appli-
cation by this Board on January 19. 1982, as Resolution No. 3 for annexation
to the Cardiff Sanitation (hereinafter referred to as the District)
of certain territory therein described, which description has been modified pur-
suant to the directions of the Local Agency Formation Commission; and
WHEREAS, the annexation proposed by said resolution of application was pre-
sented to and approved by the Local Agency Formation Commission of San Diego
County on January 10, 1983, and this District was designated as the conducting
district and authorized by resolution to order said annexation without notice or
hearing and without an election pursuant to Government Code, Section 56261; NOW
THEREFORE
IT IS RESOLVED, ORDERED AND DETERMINED, pursuant to Government Code Section
56310 et seq.:
(a) The manner in which and by whom preliminary proceedings were commenced
was by resolution of application by this Board as stated above.
(b) The territory to be annexed has been designated the Sorrento
Partners Annexation by the Local Agency Formation Commission
and the exterior boundaries of such territory are as hereinafter described.
(c) The territory proposed to be annexed is uninhabited , and will be
benefited by such annexation as described in Health and Safety Code Section 4830.
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(d) The reasons for the proposed annexation as set forth in the
resolution of application referred to above are:
(1) The District is empowered to and is engaged in furnishing sewage
disposal facilities.
(2) The territory proposed to be annexed to said District is proposed
to be developed and used for residential and /or commercial
purposes and provision for sewage disposal- facilities for said
territory is essential for such purposes.
(e) The terms and conditions of the proposed annexation are:
NONE
(f) All the owners of land within such territory have given their
written consent to such annexation, as provided in Government Code, Section
56261; and therefore, as approved and authorized by the Local Agency
Formation Commission, this Board may adopt its resolution ordering the
annexation without notice and hearing and without an election, as provided
in Government Code, Section 56322.
(g) The Board certifies, in accordance with Section 15064 of the
State EIR Guidelines (California Environmental Quality Act), that it has
reviewed and considered the information contained in the Environmental
Impact Report dated February 14, 1980 and prepared by the County of
San Diego with respect to the project designated Park Encinitas Villas,
TM 3960, P79 -41, R79 -38, EAD Log #79 -7 -22
CEIR 2/81 -2-
■
1453
(h) The Board finds, in accordance with Section 15088 (a)(2) of the
State EIR Guidelines, that the County of San Diego, not this District, has
the responsibility and jurisdiction to make changes or alterations in the
project in order to mitigate potentially significant effects relative to
schools, traffic circulation, noise, visual quality, erosion hazard,
biological resources, etc. Mitigation measures were made conditions of
project approval for Tentative Map 3960.
IT IS FURTHER. RESOLVED AND ORDERED that pursuant to Government Code
Section 56322, the following described unincorporated territory in the
County of San Diego, State of California, be and it hereby is annexed to
and made a part of the Cardiff Sanitation District
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IT IS FURTHER ORDERED that the Clerk of this Board immediately transmit a
certified copy of this resolution along with a remittance to cover the fees required
by Government Code Section 54902.5 to the Executive Officer of the Local Agency
Formation Commission of San Diego County, so' that the Executive Officer may make
the filings required by Chapter 8 (commencing with s 56450), Part 5 Division 1,
Title 6 of the Government Code and by Chapter 8 (commencing with 9 54900), Part 1,
Division 2, Title 5 of the Government Code.
PASSED AND ADOPTED by the Board of Directors of the Cardiff
Sanitation District, County of San Diego, State of California, this
15th day of February, 1983, by the following vote:
AYES: Directors Hamilton, Fordem, Hedgecock and Williams
NOES: Directors None
ABSENT: Director Eckert
STATE OF CALIFORNIA )
County of San Diego ) sa.
I, PORTER D. CREMANS, Clerk of the Board of Directors of the Cardiff
Sanitation District, County of San Diego, State of California, hereby certify that I have
compared the foregoing copy with the original resolution passed and adopted by said Board,
at a regular meeting thereof, at the time and by the vote therein stated, which original
resolution is now on file in my office; that the same contains a full, true and correct
transcript therefrom and of the whole thereof.
Witness my hand and the seal of said Sanitation District, this 15th day of
February, 1983
PORTER D. CREMANS
Clerk of the Board of Directors
of sa i Sanitation D strict
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(SEAL) By gala E. Diaz
- Deputy
APPROVED AS T
CO11M1: + rrn- I ".
BY
DEPUTY��'�...g' aJ
1455
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All
that portion of the East Half of the Southeast Quarter of Section
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23,
Township 13 South, Range 4 West, San Bernardino Base and
Meridian,
in the County of San Diego, State of California, according
to
United States Government Survey, lying within the following
'
described
boundaries;
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Beginning
at the Southeast corner of the West Half of the East Half
of
said Southeast Quarter;
1.
thence North 89 025155" West, 672.51 feet along the South
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line thereof to the West line of said East Half of the
`
Southeast Quarter; !
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2.
thence along said West line, North 0 °51'19" East, 2609.55
feet to the East -West center line of said section;
3.
thence along said center line, South 89 008149" East, 522.78
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feet;
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4.
thence leaving said center line, South 0 045115" West,.490.00
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feet;
5.
thence South 89 008149" East, 145.11 feet to the East line of
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said West Half of the East Half of the Southeast Quarter;
6.
thence along said East line South 0 045115" West, 324.44 feet;
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7.
thence leaving said East line South 89 114111" East, 669.05
feet to the East line of said Section 23;
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8.
thence along said East line South 0 039109" West, 1237.62
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feet; I
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9.
thence leaving said East line North 89 °24151" west, 671.53
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feet;
10.
thence South 0 °45115" West, 552.07 feet to the point of
beginning.
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Approved by the Local Agency Formation
Commission of San Diego
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JAN 101983
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Executive Officer of said Commission
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A S.E. COR SEC 23 I `
PROPOSED BOUNDARY
' EXISTING BOUNDARY � � � � � � � t • -
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AREA: :56.51 Acres ,
PETITION OF: Sorrento Partners (262 - 062 -01, 08, 09, 10)?
CEPARTMENT OE SAWATION AND FL00� CONTROL ! Y
PUBLIC WORKS AGENCY COUNTY OF SAN DIEGO �-
A P R 0 V E D PROPOSED ANNEXATION TO THE SCALE
I CARDIFF SANITATION DISTRICT PROJECT NCq S H E E T v
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925
When recorded, return to:
Sorrento Partners
10951 Sorrento Valley Road, Suite II -S
San Diego, CA 92121
STATEMENT OF PARTNERSHIP
OF
SORRENTO PARTNERS
9- 249515
=1LE /PAGE N
CU; ST OF
TITLE INSURMIGE A+0 TRUST
,uA 3 55 F ��
OFFICi' L R _ :.)RQS
RECOR_cR
SAN DIEGO COUNTY. CALIF.
SORRENTO PARTNERS declares that it is a general
partnership and that:
1. The name of this partnership is SORRENTO PARTNERS.
2. The name of each of the partners is RODNEY F. STONE
and GEORGE A. FER1- ANIAN .
3. The partners named in this statement are all of the
partners.
4. Any partner named in this statement, either alone or
in combination with any other partner named in this statement,
may convey title to any real property held in the partnership
name by a conveyance as defined in Section 15010.5(2) of the
California Corporations Code executed in the partnership name.
Executed on June +Z_, 1979, at San Diego County, California.
l97
RODNEY F. STONE
GE E A. FERMANIAN
$4.00
No. 5 Cardiff • TUESDAY, FEBRUARY 15, 1583
i
RESOLUTION OF THE BOARD OF DIRECTORS
CARDIFF SANITATION DISTRICT
ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED
SORRENTO PARTNERS ANNEXATION
On motion of Director Hamilton
the following resolution is adopted:
seconded by Director Hedgecock ,
WHEREAS, pursuant to the District Reorganization Act of 1965 (Gov. Code,
S 56000 et seq.) preliminary proceedings were commenced by resolution of appli-
cation by this Board on January 19, 1982, as Resolution No. 3 for annexation
to the Cardiff Sanitation (hereinafter referred to as the District)
of certain territory therein described, which description has been modified pur-
suant to the directions of the Local Agency Formation Commission; and
WHEREAS, the annexation proposed by said resolution of application was pre-
sented to and approved by the Local Agency Formation Commission of San Diego
County on January 10, 1983, and this District was designated as the conducting
district and authorized by resolution to order said annexation without notice or
hearing and without an election pursuant to Government Code, Section 56261; NOW
THEREFORE
IT IS RESOLVED, ORDERED AND DETERMINED, pursuant to Government Code Section
56310 et seq.:
(a) The manner in which and by whom preliminary proceedings were commenced
was by resolution of application by this Board as stated above.
(b) The territory to be annexed has been designated the Sorrento
_ Partners Annexation by the Local Agency Formation Commission,
and the exterior boundaries of such territory are as hereinafter described.
(c) The territory proposed to be annexed is uninhabited , and will be
benefited by such annexation as described in Health and Safety Code Section 4830.
1 -
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2/81
(d) The reasons for the proposed annexation as set forth in the
resolution of application referred to above are:
(1) The District is empowered to and is engaged in furnishing sewage
disposal facilities.
(2) The territory proposed to be annexed to said District is proposed
to be developed and used for residential and /or commercial
purposes and provision for sewage disposal facilities for said
territory is essential for such purposes.
(e) The terms and conditions of the proposed annexation are:
NONE
(f) All the owners of land within such territory have given their
written consent to such annexation, as provided in Government Code, Section
56261; and therefore, as approved and authorized by the Local Agency
Formation Commission, this Board may adopt its resolution ordering the
annexation without notice and hearing and without an election, as provided
in Government Code, Section 56322.
(g) The Board certifies, in accordance with Section 15064 of the
State EIR Guidelines (California Environmental Quality Act), that it has
reviewed and considered the information contained in the Environmental
Impact Report dated February 14, 1980 and prepared by the County of
San Diego with respect to the project designated Park Encinitas Villas,
TH 3960, P79 -41, R79 -38, EAD Log #79 -7 -22
CEIR 2/81 -2-
(h) The Board finds, in accordance with Section 15088 (a)(2) of the
State EIR Guidelines, that the County of San Diego, not this District, has
the responsibility and jurisdiction to make changes or alterations in the
project in order to mitigate potentially significant effects relative to
schools, traffic circulation, noise, visual quality, erosion hazard,
biological resources, etc. Mitigation measures were made conditions of
project approval for Tentative Map 3960.
IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government Code
Section 56322, the following described unincorporated territory in the
County of San Diego, State of California, be and it hereby is annexed to
and made a part of the Cardiff Sanitation District
I •
All that portion of the East Half of the Southeast Quarter of Section
23, Township 13 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, according
to United States Government Survey, lying within the following
described boundaries;
Beginning at the Southeast corner of the West Half of the East Half
of said Southeast Quarter;
1. thence North 89 125'55" West, 672.51 feet along the South
line thereof to the West line of said East Half of the
Southeast Quarter;
2. thence along said West line, North 0 °51'19" East, 2609.55
feet to the East -West center line of said section;
3. thence along said center line, South 89 °08149" East, 522.78
feet;
4. thence leaving said center line, South 0 °45'15" West,.490.00
feet;
5.
thence
South 89 008149"
East, 145.11 feet to the
East line of
said West
Half of the
East Half of the Southeast
Quarter;
6.
thence
along said East
line South 0 °45'15" West,
324.44 feet;
7.
thence
leaving said East
line South 89 °14'11" East, 669.05
feet to
the East line
of said Section 23;
8.
thence
along said East
line South 0 °39109" West,
1237.62
feet;
9. thence leaving said East line North 89 °24'51" West, 671.53
feet;
10. thence South 0 045115" West, 552.07 feet to the point of
beginning.
Approved by the Local Agency Formation
Commission of San Diego
JAN 101983
CA• 4 w D • s4w,d
Executive Officer of said Commission
IT IS FURTHER ORDERED that the Clerk of this Board immediately transmit a
certified copy of this resolution along with a remittance to cover the fees required
by Government Code Section 54902.5 to the Executive Officer of the Local Agency
Formation Commission of San Diego County, so'that the Executive Officer may make
the filings required by Chapter 8 (commencing with S 56450), Part 5, Division 1,
Title 6 of the Government Code and by Chapter 8 (commencing with S 54900), Part 1,
Division 2, Title 5 of the Government Code.
PASSED AND ADOPTED by the Board of Directors of the Cardiff
Sanitation District, County of San Diego, State of California, this
15th day of February, 1983, by the following vote:
AYES: Directors Hamilton, Fordem, Hedgecock and Williams
NOES: Directors None
ABSENT: Director Eckert
STATE OF CALIFORNIA )
ss.
County of San Diego )
I, PORTER D. CREMANS, Clerk of the Board of Directors of the Cardiff
Sanitation District, County of San Diego, State of California, hereby certify that I have
compared the foregoing copy with the original resolution passed and adopted by said Board,
at a regular meeting thereof, at the time and by the vote therein stated, which original
resolution is now on file in my office; that the same contains a full, true and correct
transcript therefrom and of the whole thereof.
Witness my hand and the seal of said Sanitation District, this 15th day of
February, 1983
PORTER D. CREMANS
Clerk of the Board of Directors
of said Sanitation District
(SEAL) By Gala E. Diaz
— -- Deputy
APPROVED AS T^ "' -'1
! r. tttit ^ri
CC',j,it jY
BY "V
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DEPUT 1 ? g
Item 9 %
Ref: DA82 2 - „'.
i J CSC
.s-.l; � � ✓'v IrI�! fin?
RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION
APPROVING A PROPOSED ANNEXATION TO THE
CARDIFF SANITATION DISTRICT
'SORRENTO PARTNERS ANNEXATION"
On motion of Commissioner Hedgecock j seconded by Commissioner
Lake , the following resolution is adopted:
WHEREAS, the governing body of the Cardiff Sanitation
District
(hereinafter referred to as the District) filed with this Commission
a certified copy of a resolution of application for the annexation of
territory to said District adopted by the Board of Directors of said
District January 19, 1982 as Resolution No. 3
pursuant to the District Reorganization Act of 1965 (Gov. Code
Section 56000 et seq.); and
WHEREAS, the executive officer of this Commission has filed his
report on said proposed annexation, which report has been considered
by this Commission, NOW THEREFORE
BE IT.RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES
AN_D ORDERS, as provided in Government Code Section 56250 et seq.
as follows:
1. The territory proposed to be annexed (hereinafter referred to
as the Territory) is as described in the resolution of application on
file with the Local Agency Formation Commission.
2. The description of the boundaries of the Territory as described
in Exhibit A attached hereto is definite and certain.
3. The description of the boundaries of the Territory does
conform to lines of assessment and ownership.
4. All owners of land within the Territory have consented
in writing to the proposed annexation.
5. The District is a resident -voter district.
6. The Territory includes 556_51 acres and is _ inhabited.
7. The change of organization does not constitute a minor
boundary change.
8. The Territory proposed to be annexed is hereby designated
the _ "Sorrento Partners Ann xa on"
g, The Commission certifies that it has reviewed and considered
the information contained in the EIR prepared by the County of San
Diego. The Commission adopts the Environmental Findings required
by Section 15088 of the State CEQA Guidelines for each significant
impact identified by the EIR,.as stated on Exhibit "C" attached
hereto.
10. The Commission hereby approves the proposed annexation subject
to the proposed conditions, if any, as stated on Exhibit B
attached hereto and incorporated herein.
11. The Commission hereby designates the Cardiff Sanitation
_District _ as the conducting authority and
authorizes the Board of Directors of said District to initiate
annexation proceedings in compliance with this resolution, without
notice and hearing and without an election.
12. The executive officer of this Commission is directed to
file and mail certified copies of this resolution as required by
law.
-2-
0 THE SAN DIEGO •
LOCAL AGENCY FORMATION COMMISSION
HAS ADOPTED A RESOLUTION APPROVING
"SORRENTO PARTNERS ANNEXATION" TO THE
CARDIFF SANITATION DISTRICT
The following filings to be made after the conducting authority has
ordered the change(s) of organization (boundary change(s)) must be pro-
cessed by the LAFCO office:
1.
County
Recorder
2.
County
Assessor -- ---- -- --
3.
County
Surveyor
4.
County
Auditor
5.
State Board of Equalization
Any other filings remain the responsibility of the conducting authority.
Proceedings must be initiated within 35 days after adoption of the Com-
mission's resolution, and completed within one year after LAFCO approval,.
or the proposal must be considered abandoned (Calif. Govt. Code Sects.
35201/54799.2/56292).
If your Board /Council adopts a resolution /ordinance,:ordering the :boundary
change(s), the following materials must be forwarded to the LAFCO office:
1. Six (6) certified copies of the resolution /ordinance, including
the approved legal description and map, with original signa-
tures on each certification page. If a reorganization is
involved, seed Sufficient additional copies to furnish one to
each other affected agency.
2. Certificate Re: Terms & Conditions and Indebtedness (use
attached form). Please return signed, original copy.
3. State Board of Equalization fee in the amount of $ 220.00
(make checks payable to "State Board of Equalization ").
NOTE: Filings received in the LAFCO office after November 15
and to be filed by December 31 must include an additional 10%,
as required by Section 3(f) of the State Board of Equalization
Schedule of Processing Fees effective January 1, 1981.
The Executive Officer will check all documents for compliance before
filings are made. Amendments to the LAFCO resolution, including boundary
modifications, can only be made by the Commission. All documents re-
corded and copies of letters of acknowledgment will be returned to the
conducting authority.
If you need additional information, or require further assistance,
please call the Commission's office, at (619) 236 -2015.
�9 ;
WILLIAM D. DAVIS, Executive Officer
Remarks
_ January 14 1983
Date
•
(714) 236 -2015 - san diego
Local agency formation commission
1600 pacific highway • san diego, ca. 92101
CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
chairman
Tom Hamilton Subject: "Sorrento Partners Annexation" to the
County Board of
Supervisors Cardiff Sanitation District (DA82 -2)
executive officer
William D. Davis Certain terms and conditions are required by the Local
counsel Agency Formation Commission to be fulfilled prior to the
Donald L. Clark completion of the above -named change of organization.
members I
Ralph W. Chapman
otay Municipal .(Name) (Title)
Water District
Roger Hedgecock do hereb y certify tif that the terms and conditions listed
County Board of
Supervisors below have been fully met.
Dr. Charles W. Hostler
Public Member 1. The boundaries shall be modified to conform to
Dell Lake Exhibit "A" attached hereto.
Councilman, City of
Lemon Grove
Gloria McClellan
Councilwoman,
City of Vista
Stanley A. Mahr
San Marcos County
Water District
alternate members
Paul Eckert
County Board of
Supervisors
Mike Gotch
Councilmember,
City of San Diego
Marjorie Hersom
Alpine Fire Protection
District
Will the affected property be taxed for any existing bonded
indebtedness or contractual obligation? yes no
If yes, specify.
Signature
Date
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•
(714) 236 -2015 - san diego
Local agency formation commission
1600 pacific highway • san diego, ca. 92101
CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
chairman
Tom Hamilton Subject: "Sorrento Partners Annexation" to the
County Board of
Supervisors Cardiff Sanitation District (DA82 -2)
executive officer
William D. Davis Certain terms and conditions are required by the Local
counsel Agency Formation Commission to be fulfilled prior to the
Donald L. Clark completion of the above -named change of organization.
members I
Ralph W. Chapman
otay Municipal .(Name) (Title)
Water District
Roger Hedgecock do hereb y certify tif that the terms and conditions listed
County Board of
Supervisors below have been fully met.
Dr. Charles W. Hostler
Public Member 1. The boundaries shall be modified to conform to
Dell Lake Exhibit "A" attached hereto.
Councilman, City of
Lemon Grove
Gloria McClellan
Councilwoman,
City of Vista
Stanley A. Mahr
San Marcos County
Water District
alternate members
Paul Eckert
County Board of
Supervisors
Mike Gotch
Councilmember,
City of San Diego
Marjorie Hersom
Alpine Fire Protection
District
Will the affected property be taxed for any existing bonded
indebtedness or contractual obligation? yes no
If yes, specify.
Signature
Date
Item 9
Ref: DA82 -2
RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION UJ
APPROVING A PROPOSED ANNEXATION TO THE
CARDIFF SANITATION DISTRICT
'SORRENTO PARTNERS ANNEXATION"
On motion of Commissioner Hedgecock , seconded by Commissioner
Lake , the following resolution is adopted:
WHEREAS, the governing body of the Cardiff Sanitation
District
(hereinafter referred to as the District) filed with this Commission
a certified copy of a resolution of application for the annexation of
territory to said District adopted by the Board of Directors of said
District January 19, 1982 as Resolution No. 3
pursuant to the District Reorganization Act of 1965 (Gov. Code
Section 56000 et seq.); and
a
WHEREAS, the executive officer of this Commission has filed his
report on said proposed annexation, which report has been considered
by this Commission, NOW THEREFORE
BE IT,RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES
AND ORDERS, as provided in Government Code Section 56250 et seq.
as follows:
1. The territory proposed to be annexed (hereinafter referred to
as the Territory) is as described in the resolution of application on
file with the Local Agency Formation Commission.
2. The description of the boundaries of the Territory as described
in Exhibit A attached hereto is definite and certain.
3. The description of the boundaries of the Territory d_-_ OeS
conform to lines of assessment and ownership.
4. All owners of land within the Territory have consented
in writing to the proposed annexation.
5. The District is a resident -voter district.
6. The Territory includes 5— 6_51 acres and is . n inhabited.
7. The change of organization does not constitute a minor
boundary change.
• •
8. The Territory proposed to be annexed is hereby designated
the "Sorrento Partners Annexation"
g, The Commission certifies that it has reviewed and considered
the information contained in the EIR prepared by the County of San
Diego. The Commission adopts the Environmental Findings required
by Section 15088 of the State CEQA Guidelines for each significant
impact identified by the EIR,.as stated on Exhibit "C" attached
hereto.
10. The Commission hereby approves the proposed annexation subject
to the proposed conditions, if any, as stated on Exhibit B
attached hereto and incorporated herein.
11. The Commission hereby designates the Cardiff Sanitation
_District as the conducting authority and
authorizes the Board of Directors of said District to initiate
annexation proceedings in compliance with this resolution, without
notice and hearing and without an election.
12. The executive officer of this Commission is directed to
file and mail certified copies of this resolution as required by
law.
IW•I
PASSED AND ADOPTED by the Local Agency Formation Commission of the
County of San Diego this 10th day of January
19 83, by the following vote:
31
AYES: Commissioners Eckert, Hedgecock, Bennett, Lake,
Hersom, and Hostler
NOES: None
ABSENT: Commissioner Mahr
ABSTAINING: None
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
I, WILLIAM D. DAVIS, Executive Officer of the Local Agency
Formation Commission of the County of San Diego, State of California,
hereby certify that I have compared the foregoing copy with the
original resolution adopted by said Commission at its regular meeting
on January 10, 1983 , which original resolution is now
on file in my office; and that same contains a full, true, and
correct transcript therefrom and of the whole thereof.
Witness my hand this 14th day of January 1983.
.. n
WILLIAM D. DAVIS, Executive Officer
San Diego County Local Agency
Formation Commission
DA82 -2 "SORRENTO PARTNERS ANNEXATION" TO THE CARDIFF SANITATION
DISTRICT
LEGAL DESCRIPTIGN
All that portion of the East Half of the Southeast Quarter of Section
23, Township 13 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, according
to United States Government Survey, lying within the following
described boundaries;
Beginning at the Southeast corner of the West Half of the East Half
of said Southeast Quarter;
1. thence North 89 025'55" West, 672.51 feet along the South
line thereof to the West line of said East Half of the
Southeast Quarter;
2. thence along said West line, North 0 °51'19" East, 2609.55
feet to the East -4iest center line of said section;
3. thence along said center line, South 89 008'49" East, 522.78
feet; .
4.
5.
6.
7.
8.
9.
10.
thence leaving said center line, South 0 045'15" West,.490.00
feet;
thence South 89 008149" East, 145.11 feet to the East line of
said West Half of the East Half of the Southeast Quarter;
thence along said East line South 0 045'15" West, 324.44 feet;
thence leaving said East line South 89 014111" East, 669.05
feet to the East line of said Section 23;
thence along said East line South 0 039109" West, 1237.62
feet;
thence leaving said East line North 89 °24'51" West, 671.53
feet;
thence South 0 045115" West, 552.07 feet to the point of
beginning.
IW:DH
1/6/83
EXHIBIT "A"
Page 1 of 1
A .-proved by the local Agency Formation
Commission of San Diego
JAN 101933
Executive Officer of said Commission
Ref: nA82 -2 •
CONDITION(S)
1. The boundaries shall be modified to conform to
Exhibit "A" attached hereto.
Exhibit "B"
fspproved by the Local Agency Formation
Commission of San Diego
JAN 101983
Executive Officer of said Commission
t • DA82 -2
ENVIRONMENTAL SUMMARY AND FINDINGS
FOR SIGNIFICANT EFFECTS OF
PROPOSED "SORRENTO PARTNERS ANNEXATION"
(PARK ENCINITAS VILLAS) EIR
TO CARDIFF SANITATION DISTRICT
Lead Agency: County of San Diego
Approved by the Local Agency Formation
Commission of San Diego
JAN 1015$3
SUMMARY
Impacts Executive Officer of said Commission
Sewer Availability: The project is outside the Cardiff Sanitation
District, which has been under sewer moratorium.
Biology: The project could result in adverse impacts to on -site
biological resources.
Sedimentation: Off -site drainage and erosion could significantly
affect the downstream San Elijo Lagoon habitat.
Circulation: Development of the project site could impact intersections
at El Camino Real and Manchester Avenue.,
Mitigation Measures
The following tentative map conditions were adopted by the Board of
Supervisors on April 30, 1980.
Sewer Availability: Developer shall comply with condition 8a and
8b (1) below:
a. Cause.all of the land within this subdivision to be annexed to
the Cardiff Sanitation District and obtain the approval of said
District and the Department of Sanitation and Flood Control of
San Diego County of the plans and specifications for the installa-
tion of a sewer system serving each dwelling unit within the
subdivision and;
b(1). Obtain the commitment of said District to connect all dwelling
units and all lots within the property within this subdivision
to said District's sewerage system.
Biology: The applicant shall dedicate to the County of San Diego
an Open Space Easement for biological resources over the 37.3 acres
encompassed by lot 8 to the satisfaction of the Environmental Analysis
Coordinator.
Sedimentation: All recommendations contained in the Geotechnical
Study for Encinitas Park Villas prepared by Southern California Soil
and Testing, Inc., dated July 23, 1979 shall be incorporated into the
grading plans as deemed appropriate by the Director of Transportation_
Exhibit "C"
.e •DA82 -2
Page Two
0
Grading permit shall be issued only between April 1 and August 1
and shall be invalidated if earthwork is not commenced by August 1.
Grading shall be completed by November 1.
The applicant shall to the satisfaction of the Directors of Sanitation
and Flood Control and Transportation conduct a synthetic hydrographic
analysis to determine the effects of drainage on sedimentation of the
San Elijo Lagoon in the natural state, under present conditions, and
under fully developed conditions. The area of this analysis shall be
that portion of Lux Canyon from the northern property line extending -
south to San Elijo Lagoon.
Based on the conclusions of the synthetic hydrographic analysis, the
applicant shall propose and provide for completion and maintenance of
erosion and siltation control measures /devices which will reduce
to an insignificant level the effects of this project on sedimentation
of the lagoon.
Circulation: The developer shall participate in the cost of a traffic
signal installation at the intersection of a) El Camino Real (SA 650)
at SC 1540 and b) E1 Camino Real (SA 650) at Manchester (SA670).
The amount of the developer's portion of the entire cost of the signal
shall be determined by the Director of.Transportation.
The developer shall place a maximum of $56,660.00 deposit in the
Community Services Trust Fund for the improvement of future Circulation
Element roads in the San Dieguito area. The developer may request a
lesser fee from the Director of the Department of Transportation if the
Board of Supervisors subsequently adopts a lesser Circulation Element
fee schedule.
Dedicate a riding and hiking trail adjacent to E1 Camino Real. The
width shall be to the satisfaction of the Director of Transportation
to enable retention of the trees in the area.
The westerly one -half of El Camino Real shall be dedicated to a width
of 67 (sixty seven) feet. The additional 4 (four) feet is for a bicycle
lane.
FINDINGS
Pursuant to Section 15088(a) of the State EIR Guidelines, find
that the mitigation measures listed above for the identified
impacts have been adopted by the County of San Diego, and that
the mitigation is within the jurisdiction of the County of San Diego
and not LAFCO because the affected resources and services are within
the unincorporated area of the County.
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PROPOSED BOUNDARY Aw-AwAwAw-AwAw JAN 101983 (f
EXISTING BOUNDARY N I
AREA: 5G,51 Acres
PETITION OF: Sorrento Partners (262-062-01, 08, 09, 10)'V��
Executive Officer of said Commission
M
OF SZ";.NMAIRCM! Alt'D FLOOD CONIM,0L
TY OF SAN DIEGO
1,4
PIJIBUC �AIORKS AGt.. COUN I
p p R 0 `V,
PROPOSED ANNEXATION TO THE
CARDIFF SANITATION DISTRICT
75CALF—L
'ECT 1 1WS H E E T
1 Cr 1
R. J. MASSMAN, Director
Offices of:
County Engineer
County Road Commissioner
County Surveyor
County Airports
Flood Control
Liquid Waste
Solid Waste
Transportation Operations
TO:
FROM:
SUBJECT:
COUNTY OF SAN DIEGO
DEPARTMENT OF PUBLIC WORKS
BUILDING 2 5555 OVEF;LAND AVFNUE
SAN DIEGO, CALIFORNIA 412123
TELEPHONE:: (714) 5G5 5177
December 3, 1982
Local Agency Formation Commission (A -216)
Director, Department of Public Works (0332)
HOARD OF SUPERVISORS
TOM HAMILTON
First District
PAUL.. W. FORLIL:M
Second District
ROGER IIEDGFCOCK
Third District
JIM BATES
FUUfIII District
PAUL FCKFR t'
Fifth Disttict
Sorrento Partners Annexation to the Cardiff Sanitation District
Please reactivate the application of Sorrento Partners for annexation to the
Cardiff Sanitation District. The annexation fees have been paid and all con-
ditions of annexation are to be deleted.
On July 20, 1982, the Boards of Directors of the Cardiff and the Solana Beach
Sanitation Districts adopted Ordinances, which became effective on August 27,
1982, lifting the moratorium in said Districts. The Department of Public Works
was also directed to relocate construction of the Water Reclamation Facility at
Lux Cannon.
On October 5, 1982, the Boards of Directors of the Cardiff and Solana Beach
Sanitation Districts adopted Ordinances (effective November S, 1982), providing
for increased connection fees retroactive to August 27, 1982. Said fees are
proposed to be used for construction of a water reclamation plant at the San
Elijo site at some future date.
If you have any questions regarding this proposed annexation, you may call Mary
La New at 565 -5826.
R. J. MASSMAN, rector
✓" Department of Public Works
RJM:ML:1m
Enclosure: Consent Form
cc: Sorrento Partners (w /o encl.)
Attn.: Norman Swain
11300 Sorrento Valley Rd., San Diego, CA 92121
6 6
CONSENT TO ANYCEXATION
TO
CARDIFF SANITATION DISTRICT
(Reference: Section 56261, Government Code)
Each of the undersigned represents that he (she) is the owner of —
the property described opposite his (her) name and hereby consents
to the annexation of said property to the above named district and
further consents to the annexation thereof subject to the follow-
ing conditions: _
NONE
NOTE: Forms :rust be signed and dated by property owners
Property Description.
or Ccunty Assessor's
Parcel M=ber (Attach.
DATE Nr' ML E ADDRESS description, if neces
SORRENTO PARTNERS 11300 Sorrento Valley Rd.a ry)
San Diego, CA. 92121 262- 062 -01, 08, 09, 10
---� - ? - -
o new I 5tone
GeQ e A. Fermanian
--
R. J. MASSMAN, Director
Offices of:
County Engineer
County Road Commissioner
County Surveyor
County Airports
Flood Control
Liquid Waste
Solid Waste
Transportation Operations
-0 0
COUNTY OF SAN DIEGO
DEPARTMENT OF PUBLIC WORKS
BUILDING 2 5555 OVERLAND AVENUE
SAN DIEGO, CALIFORNIA 92123
TELEPHONE: (714) 565 -5177
Sorrento Partners
11300 Sorrento Valley Road
San Diego, CA 92121
Attn: Rodney F. Stone
August 4, 1982
SUBJECT: Annexation to Cardiff Sanitation District
BOARD OF SUPERVISORS
TOM HAMILTON
First District
PAUL W. FORDEM
Second District
ROGER HEDGECOCK
Third District
JIM BATES
Fourth District
PAUL ECKERT
Fifth District
On July 20, 1982, the Board of Directors of the Cardiff Sanitation District
adopted ordinances lifting the moratorium in the Cardiff Sanitation District.
-- The Board also directed the Department of Public Works to abandon construc-
tion of water reclamation facilities at Lux Canyon and to negotiate a revised
agreement with Lux Canyon Aquaculture, Inc. (LCA). As a result of these ac-
tions, the conditions of "Consent to Annexations' have changed and a new
"Consent" form must be signed. Please sign and date the enclosed form and
return to this Department in the enclosed envelope as soon as possible.
The balance of your annexation fees are also now due and payable, in accord-
ance with our standard procedures. For your property, the balance of your
fee is $ 61,512.00 . That amount can be submitted in the form of cash or as
a Letter of Credit, which will be cashed at the time of final Board action.
Upon receipt of your signed "Consent" form and your annexation fees, we will
reactivate your application for annexation.
Very truly yours,
o � MA
J. MASSN, c or
%' Department of Public Works
Enclosures: Consent Form
Fee Schedule
Return Envelope
R. J. MASSMAN, Director
Offices of'.
County Engineer
County Road Cori rnissi onar
County Surveyor
County Airports
Flood Control
Liquid Waste
Solid Waste
Transportation Operations
0 a
COUNTY OF SAN DIEGO
DEPARTMENT OF PUBLIC WORKS
BUILDING 2 5555 OVERLAND AVFNUF_
SAN DIEGO, CALIFORNIA 9217
TELEPHONE: (/14) 5,E) 5177
Sorrento Partners
11300 Sorrento Valley Road
San Diego, CA 92121
January 21, 1982
BOARD OF SUPERVISORS
TOM HAMILTON
First District
PAJL W.FORDEM
Second District
ROGER HFDGFCOCK
Third District
JIM BATES
Fourth District
PAUL ECKERT
Fifth District
SOB,cr►: Application for Annexation to the Cardiff Sanitation District
UL-
Enclosed is a copy of a Resolution of Application for Annexation of
Territory, adopted by the Board of Directors of the subject district.
It is directed to the Local Agency Formation Carimission ( LAFCO) for
their consideration and recommendations. In a few weeks, you will
receive'A "fee letter" from them ( LAFCO) stating the amount due them
for their services. The letter will. also show the date on which your
proposal will be heard by the LAFCO Commission. Pro;npt payment of the
fee will insure that the hearing on your proposal is not delayed.
Your property has not yet been annexed to the Sanitation District.
When a final determination on the proposal has been made by the Board
of Directors of the Sanitation District, you will receive a copy of
their Resolution, either approving or disapproving this annexation.
Very truly yours,
jP R. J. MASSMAN , Director
Department of Public Works
RJM:ML:tly
Enclosure: Resolution,
No. 3 Cardiff •TUESDAY, JANUARY 19, 1982
RESOLUTION OF APPLICATION OF THE BOARD OF DIRECTORS
OF THE CARDIFF SANITATION DISTRICT
FOR THE ANNEXATION OF TERRITORY
SORRENTO PARTNERS ANNEXATION
On motion of Director Hedgecoek , seconded by Director
Hamilton the following resolution is adopted:
v 3 ?,K
W. /' n_,�
WHEREAS, this Board of Directors has received a request from
Rodney Stone and George Fermanian
(Document No. 6322 39 ) that the
hereinafter described territory be annexed to the Cardiff
Sanitation District (hereinafter referred to
as the Sanitation District);'and
WHEREAS, this Board of Directors desires to initiate proceed-
ings to annex said territory to the Sanitation District;
BE IT RESOLVED AND ORDERED as follows:
1. Pursuant to Government Code Sections 56195 and 56140,
application is hereby made to the Local Agency Formation Commission
of the County of San Diego for a proposed change of organization as
follows:
(a) This proposal is made pursuant to the District
Reoiganization Act of 1965 (f 56000 et seq., Gov. Code).
(b) The nature of the proposed change of organization
and the names of all districts for which any such change of
organization is proposed are as follows:
The annexation of the hereinafter described
territory to the Sanitation District.
(c) The names of all other affected counties, cities
and districts are:
None
(d). A description of the exterior boundaries of the
territory proposed to be annexed to the Sanitation
District is described in Exhibit A hereto attached.
IL:dd
! -74
(e) Said territory is uninhabitated and comprises approximately 55.92 acres.
(f) It is proposed that said territory be annexed subject to the following
terms and conditions:
1. Prior to completion of annexation proceedings, the developers, through
Lux Canyon Aquaculture, Inc., shall meet the following conditions:
a. Provide financial security in a secured line of credit in the amount of
$200,000, delivered to the Cardiff Sanitation District.
b. Provide performance bonds for design and construction in the amount of
$2.25 million to the Cardiff Sanitation District to assure completion
of the Lux Canyon Water Reclamation Facilities.
c. Convey title of the Lux Canyon Water Reclamation Facility property (5
plus acres) to the Cardiff Sanitation District.
d. Secure approval by the Cardiff Sanitation District of final plans and
specifications for the installation of the Lux Canyon Water Reclamation
Facility and a public sewer system serving each lot.
e. Obtain a major use permit for the Lux Canyon Water Reclamation Facility,
from the County Planning Commission.
f. Obtain Waste Discharge Requirements or National Pollution Discharge Eli-
mination System (NPDES) Permit for the Lux Canyon Water Reclamation
Facility, from the California Regional Water Quality Control Board, San
Diego Region.
(g) All of the owners of land within such territory have given their written con-
sent to such annexation subject to the aforementioned terms and conditions.
(h) The reasons for this proposal are as follows:
(1) The Sanitation District is empowered to and is engaged in furnishing
sewage disposal facilities.
(2) The territory proposed to be developed and used for residential and /or
commercial purposes and provision for sewage disposal facilities for said terri-
tory is essential for such purposes.
(i) It is hereby requested that proceedings be taken for the annexation of terri-
tory as hereinabove proposed.
2. (a) The Board certifies, in accordance with Section 15064 of the State EIR Guide-
lines (California Environmental Quality Act of 1970), that it has reviewed and consid-
ered the information contained in the EIR dated November 15, 1979 and prepared by the
County of San Diego with respect to the project designated Park Encinitas Villas, TM
3960, EAD Log #79 -7 -22.
(b) The Environmental Impact Report identifies potentially significant effects on
the project, i.e. noise, visual quality, schools, circulation, sedimentation of San
Elijo Lagoon, Biology and sewer availability.
(c) The Board finds, in accordance with Section 15088(a)(2) of the State EIR
Guidelines, that the County of San Diego, not this District, has the responsibility
and has jurisdiction to make changes or alterations regarding possible significant effects
identified in the Environmental Impact Report prepared by the County. Changes or altera-
tions in the project which will mitigate or avoid significant environmental effects are
within the responsibility and jurisdiction of the San Diego County Planning Commission,
as conditions of approval of TM396O, adopted April 30, 1980.
3. The Clerk of the Board of Directors is hereby authorized and directed to file a
certified copy of this resolution with the Executive Officer of the Local A
tion Commission of the County of San Diego. APPROVED AS T(tAN )���4
COUNTY CTINISEL n i-� e c
a.
PASSED AND ADOPTED by the Board of Directors of the Cardiff Sanitation
District, County of San Diego, State of California, this 19th day of January,
1982, by the following vote:
AYES: Directors Hamilton, Fordem, Hedgecock, Bates and Eckert
NOES: Directors None
ABSENT: Directors None
STATE OF CALIFORNIA
County of San Diego )
I, PORTER D. CREMANS, Clerk of the Board of Directors of the rewa ;ff
Sanitation District, County of San Diego, State of California, hereby certify that I have
compared the foregoing copy with the original resolution passed and adopted by said Board,
at a regular meeting thereof, at the time and by the vote therein stated, which original
resolution is now on file in my office; that the same contains a full, true and correct
transcript therefrom and of the whole thereof.
Witness my hand and the seal of said Sanitation District, this 19th day of
January, 1982 .
(SEAL)
PORTER D. CREMANS
Clerk of the Board of Directors
of said Sanitation District
gy Gala E. Diaz
Deputy
PROPOSED ANNEXATION TO THE
CARDIFF SANITATION DISTRICT
Petition of Sorrento Partners
All that unincorporated.territory in the County of San Diego, State
of California being a portion of Section 23, Township 13 South, Range 4
West, SBM and lying within the following described boundary:
1. Beginning at the Southeast corner of the West Half of the East Half
of said Southeast Quarter;
2. thence North 89025155" West, 672.51 feet to the west line of said
East Half;
3. thence along said west line, North 0051119" East, 2609.55 feet to the
East -West center line of said section;
4. thence along said center line, South 89008149" East, 522.78 feet;
S. thence South 0045115" West, 490.00 feet;
6. thence South 8900814911 East, 145.11 feet;
7. thence South 0045115" West, 324.44 feet;
8. thence South 89014'11" East, 669.05 feet;
9. thence South 0039109" West, 1237.62 feet;
10. thence North 89024151" West, 671.53 feet;
11. thence South 0045115" West, 552.07 feet to the point of beginning.
EXHIBIT A
i •
PROPOSED ANNEXATION TO THE
CARDIFF SANITATION DISTRICT
Petition of Sorrento Partners
All that unincorporated territory in the County of San Diego, State
of California being a portion of Section 23, Township 13 South, Range 4
West, SBM and lying within the following described boundary:
1. Beginning at the Southeast corner of the West Half of the East Half
of said Southeast Quarter;
2. thence North 8902515511 West, 672.51 feet to the west line of said
East Half;
3. thence along said west line, North 0051/19/1 East, 2609.55 feet to the
East -West center line of said section;
4. thence along said center line, South 890081491' East, 522.78 feet;
S. thence South 004511511 West, 490.00 feet;
6. thence South 89008149f1 East, 145.11 feet;
7. thence South 004511511 West, 324.44 feet;
8. thence South 8901411111 Fast, 669.05 feet;
9. thence South 003910911 West, 1237.62 feet;
10. thence North 89024/5111 West, 671.53 feet;
11. thence South 0045115f1 West, 552.07 feet to the point of beginning.
EXHIBIT A
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CONSENT TO ANNEXATION
TO
CARDIFF SANITATION DISTRICT
(Reference: Section 56261, Government Code)
Each of the undersigned represents that he (she) is the owner of the property described
opposite his (her) name and hereby consents to the annexation of said property to the
above named district and further consents to the annexation thereof subject to the follow-
ing conditions:
1. Prior to completion of annexation proceedings, the developers, through Lux Canyon
Aquaculture, Inc., shall meet the following conditions:
a.
Provide
financial security in a secured line of credit in the amount of $200,000
delivered
to the Cardiff Sanitation District.
b.
Provide
performance bonds for design and construction in the amount of $2.25 mil-
lion to
the Cardiff Sanitation District to assure completion of the Lux Canyon
Water Reclamation Facilities.
c.
Convey
title of the Lux Canyon Water Reclamation Facility property (5 plus acres)
to the
Cardiff Sanitation District.
d.
Secure
approval by the Cardiff Sanitation District of final plans and specifica-
tions for the installation of the Lux Canyon Water Reclamation Facility and a
public
sewer system serving each lot.
e.
Obtain
a major use permit for the Lux Canyon Water Reclamation Facility, from the
County
Planning Commission.
f.
Obtain
Waste Discharge Requirements or National Pollution Discharge Elimination
System
(NPDES) Permit for the Lux Canyon Water Reclamation Facility, from the
California Regional Water Quality Control Board, San Diego "legion.
NOTE: Forms must be signed and dated by property owners.
DATE
IA -aa-61
NAME
Sorrento Partners
CerrIO A. Fermanian
41z
Rodney F. Stone
ADDRESS
Property Description
or County Assessor's
Parcel Number (Attach
description, if neces-
sary)
11300 Sorrento Valley Rd.Ste 200 262_062- 01,10, 09, 08
San Diego. CA. 92121
, �Q�vg IS Trye
vG
_. •; ; . COUNTY OF SAN DIEGO
�ise:T��c VE 6035
t
0
'•4D`'- INTER- DEPARTMENTAL CORRESPONDENCE
DATE October 11, 1979
.
T0: Board of Supervisors Revised: :;ovcmber 15, 1910
Planning Commission February 14, 1980
i'ROM: Environmental Review Board
SL'BJ::CT': Environmental Impact Report for Park Encinitas Villas, TiNi3960,
P79 -41, R79 -3 EAO Log 579 -7 -2?.
The Environmental Review Board (ERB) has reviewed the enclosed Environmental
Impact Report (EIR). Basad on the discussion of the issues that follow, the
ERB recommends that:
1. The EIR be certified as being complete and in compliance with the provisions
of the California Environmental Quality act (CEQA).
2. It be found that the project as proposed will have sigmificant impacts t ".at
are not mitig ted ' by project desiai for Exterior Noise, unresolved Visual
Quality impacts, sia:ficant but mitio -ble impacts to Interior Noise,
Schools, Circulation, Sedimentation CI' ran Eli,jo Lagoon, :_,iol_Q , and
Sewer ayailabili� and i i =' n n Ern,, -
`�, nOt S_o 1_L iCc..� _,:aka tS t0 _• !t (1 !_^:CUCLIU!!.
3. The mitigation measures that appear in Enclosure "A ", the EIR discussion,, be
made conditions.of project approval.
ERB DELIBER— ATIONS OF .=RUARY i4, 1980
i Failed Mction. On motion of members Escher/ urlburt, it is reccr.:ended that
the major Issue of Interior Noise be found siz- iificant, but mitiEabie t'rrcush
requiring staff - recommended mitio cicn measure and a requirement that interior
noise levels be 45 dB(A) or less with the forced air ventilation systems ru;ni --
AYES: 3 -- Iiurlburt, Evans, ?-'.elbourn
NOES: 2 -- Esc'rer, ;leeks
a�STH24TTMS: 0 -- None
ABSD'-- 1T: 0 -- None
Cn ;potion of members Escher /i:urlburt, it- is reccamer_ded that t; e ; a jor issue
of Interior Noise be found significant but mitiSable throw- the staff
recommended ::9.itig? tion measure.
A'!ES: " -- = _'t:rlburt, Escher, Evans, "e1 bourn
NOBS: l -- Weeks
3ST=L- T1O�;S: 0 -- Ncne
ABSE•i T : 0 -- `Icre
�\ Al
PARK E:N'CINITAS VILL
TNi3960, EAD Log T79 -1 -22 2 October il, 1979
On motion of members Evans /Erickson, it is recommended that the Major Issue of
Schools be found significant but mitigable through applicant either reaching an
agreement with the school districts that the project will generate no students,
or reaching an agreement to provide financial contributions to the school districts.
AYES: 6 -- Hurlburt, Erickson, Escher, Eians, Melbourn, Weeks
NOES: 0- -None
ABSTENTIONS: 0- -None
ABSENT: 1 -- Johnson
On motion of members Erickson /Melbourn, it is recommended that the Major Issue
of Circulation be found significant but mitigable with inclusion of a mitigation
measure requiring bicycle racks.
AYES: 5 -- Erickson, Escher, Evans, - Melbourn, 'Meeks
NOES: 1-- Hurlburt
ABSTENTIONS: O- -None
ABSENT: 1 -- Johnson
Failed Motion: The motion of members Erickson /Escher that the ;Major Issue of
Visual Quality be found significant but mitigable through retaining Torrey Pines
as a condition of the Major Use Permit failed to pass.
AYES• 3-- Hurlburt, Erickson, Escher
NOES: 3-- Evans, Melbourn, Weeks
ABSTENf IO':S : O- -None
ABSENT: 1 -- Johnson
Or. motion of members Evans/Weeks, it is recommended that as part of the con-
ditions of the Major Use Permit, Site Plans be required for development of lots
4,5,6 and 7.
AYES: 5 -- Erickson, Escher, Evans, Melbourn, Weeks
NOES: 1 -- Hurlburt
ABSTENTIONS: 0- -None
ABSE:N•T : 1-- Johnson
On motion of members Erickson /Hurlburt, it is recommended that the Maior Issue
of Sedimentation of San Elijo Lagoon be found significant but mitigable.
AYES: 4-- Hurlburt, Erickson, Escher, Melbourn
NOES: 2 -- Evans, Weeks
ABSTENTION: 0- -None
ABSENT: 1 -- Johnson
On motion of members Evans /Weeks, it is recommended that the Major Issue of
Biology be found significant but mitigable.
AYES: 6 -- Hurlburt, Erickson, Escher, Evans, Melbourn, Weeks
NOES: 0- -None
ABSTENTIONS: 0- -None
.*SENT: 1-- Johnson
ERB DELIBERATIONS r.F `:Ct'FT'Ef: 1- 1
'2n rct:On C"_' -^en;`ers .......S /•:Cal.S, -- za. 5 rCC... :0r..,o(j a t t..0 .,2' Iss: :C
`;oise, both interior and exterior, -c ara nn* !- iti!�at -4 by
project design, and that the project design (toes not follow the ;uidelines
set forth in Title 25 of California Administrative Cor!e.
AYES: 5 - Erickson, Fischer, Evans, Nelbourn, !*.eek-s
NOES: 1 - Hurlburt
A3STE:`:fIONS: 0 - 'done
ABSENT: 1 - Johnson
rnB DELInEt1ATTO`fS OF CC Tr BER 11, In -n
On :notion of :members Evans /Weeks, it is recommended that the EIR be certified
as being complete and in compliance with the provisions of CEQA.
AYES: 6-- Furlburt, Erickson, Escher, Evans, Melbourn, !,'eeks
NOES: O- -None
ABSTENTIONS: O- -None
ABSENT: 1 -- Johnson
On motion of members Melbourn /Weeks, it is recommended that the Major Issue of
Noise be found significant and not mitigated by project design; and that a
mitigation measure for interior noise reduction be included.
AYES: 6 -- Hurlburt, Erickson, Escher, Evans, Melbourn, Weeks
NOES: 0- -None
ABSTENTIONS: 0- -None
ABSENT: 1 -- Johnson
On motion of members Evans /Erickson, it is recommended that the Major Issue of
Schools be found significant but mitigable through applicant either reaching an
agreement with the school districts that the project will generate no students,
or reaching an agreement to provide financial contributions to the school districts.
AYES: 6 -- Hurlburt, Erickson, Escher, Evans, Melbourn, Weeks
NOES: 0- -None
ABSTENTIONS: O- -None
ABSENT: 1=- Johnson
On motion of „embers Erickson /Melbourn, it is recommended that the major Issue
of Circulation be found significant but mitigable with inclusion or a mitigation
measure requiring bicycle racks.
AYES: 5 -- Erickson, Escher, Evans, Melbourn, Weeks
NOES: 1-- Hurlburt
ABSTENTIC'NS: 0- -gone
ABSENT: 1 -- Johnson
Failed Motion: The motion of members Erickson /Escher that the Major Issue or
Visual Quality be found significant but mitigable through retaining Torrey Pines
as a condition of the Major Use Permit failed to pass.
AYES: 3-- Hurlburt, Erickson, Escher
NOES. 3 -- Evans, Me_bcu=. ;leeks
.ABSTENTIONS. 0--None
ABSENT: i - - Jchn_on
r
On motion of members Evans/Weeks, it is recommended that as part of the con-
ditions of the Major Use Permit, Site Plans be required for development of lots
4,5,6 and 7.
AYES: 5 -- Erickson, Escher, Evans, Melbourn, Meeks
NOES: 1-- Hurlburt
ABSTENTIONS: 0 - -None
ABSENT: 1-- Johnson
On motion of members Erickson /Hurlburt, it is recommended thhat the Major Issue
of Sedimentation of San Elijo Lagoon be found significant but miti .gable.
AYES: 4-- Hurlburt, Erickson, Escher, N+elbourn
FOES: 2- -Evans, Weeks
ABSTENTION: 0--None
ABSENT: 1 -- Johnson
On motion-of members Evans /Weeks, it is recommended that the Major Issue of
Biology be found significant but mitigable.
AYES: 6 -- Hurlburt, Erickson, Escher, Evans, ttelbourn, Weeks
NOES: 0- -None
ABSTENTIONS: 0- -None
ABSENT: 1 -- Johnson
On motion of members Evans /Hurlburt, it is recommended that the Major Issue of
Sewer Availability be found significant but mitigable with inclusion of a state-
ment in the mitigation measure that no grading shall occur prior to obtainine
sewer availability letter.
AYES: 6 -- Hurlburt, Erickson, Escher, Evans, Melbourn, Weeks
NOES: O- -None
ABSTENTIONS: 0- -None
ABSENT: 1 -- Johnson
On motion of members Evans /Escher, it is recommended that the Major Issue of
Growth Induction be found not significant.
AYES: 6-- Hurlburt, Erickson, Escher, Evans, Melbourn, Weeks
NOES: 0- -None
ABSTENTIO'IS: O- -None
ABSENT: 1 -- Johnson
EAD RECCAL DIENDATIONS TO THE ERB
The Environmental Analysis Division (EAD) has identified the following Major
Issues, and our recommendations for findings of significance are as Follows:
1. Noise: Significant and not mitigable
2. Schools: Significant and not mitigable
.i. Traffic Circulation: Cumulatively significant and :mitigable
4. %'isual Quality: Significant but mitigable
5. Erosion Hazard & Sedimentation of San Elijo Lagoon: Significant but mitigable
6. Biological Resources: Simi icant but mitigable
Sewer Avaiia5i lit \". Si`gni ficant but .miti? able
S. GrOW". I^aduct:on: Xo' sic-i- _cent
Respectfully submitted,
.l'ATHLEA. LEHTOLA, Secretary.
Environmental Review Board
KAL:ACV :cw
Enclosures: A. Environmental Impact Report Discussion, Pages A -1 to A -'
B. Letters of and Responses to Public and Other agency Comment,
Pages B -1
C. Draft -EIR, prepared by So Cal Development, Inc.
Copies: Project Planning, Department of Planning and Land Use, =173
P'Project Planner, "0173: Richard Westfall
Anna Pecus, A655
So Cal Development., Inc., 10951 Sorrento Valley Rd., Suite II -S,
San Diego, CA 92121
- �a/73)
b
NOTICE OF DETERMINATION •
T0: FROM: County of San Diego
Board of Supervisors
County Clerk `'
County of San
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or
21152 of Public Resources Code
Re: 4/30/80 (28, 29 & 30)
Project Title So -Cal Development, Inc., R79 -038, Ord. No. 5738 (New Series); TM3960;
P79 -41 Major Use Permit.
State Clearinghouse Number (If submitted to State Clearinghouse)
NIA
Contact Person Sonja P. Itson Telephone Number (714) 565 -3928
Project Location
Encinitas area.
Project Description TM3960, P79 -41, R79 -038, Log X679 -7 -22, Significant Environmental
Impacts Identified by the Environmental Review Board dated
November 15, 1979 and April 30, 1980,
This is to advise that the County of San Diego Board of Supervisors
has approved the above described project and has made the following determinations
regarding the above described project:
1. ine project will, U will not; have a significant effect
on the environment. (But mitigable impacts on rise, traffic, erosion, biological.
sewer and visual quality,
2. ! x An Environmental Impact Report was prepared for this project
pursuant to the provisions of CEQA.
A Negative Declaration was prepared for this project pursuant to
the provisions of CEQA. A copy of the Negative Declaration may
be obtained at:
3. A statement of Overriding Considerations xxx was, was not
adopted for this project. (schools)
Date Received for Filing May 5, 1980 PORTER D. CREMANS
Clerk of the Board of Supervisors
cc: Environmental Analysis Division (0175) By vinleta Toniz
Department of Planning & Land Use (0173) Deputy
r °PJr° .�A ^
r• WI! 3690 v P79 -41
`•larch 7, 1980
STAFF ANALYSIS
I. MALYSIS:
A. Project compatibility with surrounding area:
Bordering land uses on three sides are vacant or in scattered single
family dwellings. The proposed concentration of residential units may
not be compatible with these uses. To the west, bordering the open space
proposed by T'1 3960 and P79 -41, are single family dwellings.
B. Project impact on public facilities:
Not all public facilities and services are available to serve this project.
Sewer: The project is outside of the boundaries of the Cardiff Sanitation
District and annexation to this district must occur before
sewer service can be provided. The Cardiff Sanitation District
currently is under a moratorium (SAM) which was instituted
'May 30, 1979. This project was filed on April 26, 1979, prior
to the moratorium effective date. Even if annexation occurs,
the Department of Sanitation and Flood Control, which administers
this district, has indicated that there is no capacity for this
many units (188) at this time. A companion case, V 3808,
Heritage Hills, was approved by the Soard of Supervisors on
April 11, 1979, for 106 units in a planned development. This
project, located across E1 Camino Real to the east of TIM 3960,
was also required to annex to the Cardiff Sanitation District.
On December 18, 1979, the Board of Supervisors adopted a
resolution annexing Heritage Park to the Cardiff Sanitation
District. These cases were both filed by So -Cal Developers
and have similar problems.
On January 15, 1980, the Board of Supervisors acting as the Board
of Directors of the San Diego County Flood Control District took
action to recognize that a combined drainage and wastewater
treatment problem existed in the Lux Canyon /Upper San Elijo
Lagoon Area. They also authorized the Department of Sanitation
and Flood Control to prepare a report describing the feasibility,
costs, potential funding sources, and implementation schedule
for the projects (letter attached). As a result of this
directive and the annexation of heritage Park ('I'M 3808) to the
Cardiff Sanitation District conditions D.S. and D.8. were enlaced
in the resolution for T;•! 3960. Condition D.B. requires annexation
to Cardiff and either approval to connect the project to their
sanitation system or, to obtain a major use permit for a waste-
water treatment facility (Condition D.S.) to serve the subdivision
and surrounding basin. Said facility must be constructed to
District and Sanitation and Flood Control, RIVQCB and health
Department standards and subsequently given to the Cardiff
Sanitation District to operate.
T`I 3960 & P79 -41 _ ? _ _
''later: The project is located in the Olivenhain ;•iunicipal !dater District
and a water pipe to serve the site runs adjacent to the project
in E1 Camino Real. The District has indicated that they have
reviewed the site in light of 164 units with a fire flow of
1500 gallons per minute (GP'-I) and find that adequate. However,
based on information provided to the District in July indicating
that 188 units were proposed and that a fire flow of 2500 GPM
would be required by the Fire District, additional data was
required. On January 15, 1980, the District's engineer (Hoyle
Engineering Corporation) responded to the additional data by
determining that the water system could "supply peak hour and
fire flow demand conditions while maintaining the minimum res-
idential pressures required by the District." (letter attached)
Fire: The Encinitas Fire Protection District has indicated that they
can provide adequate fire protection. llowever, their demands
regarding minimum fire flow rates (2500 gpm) and improved fire
lanes places demands on both the Water District and the project
design. (Letter attached.)
t
Schools: School Services come from Cardiff Elementary and San Dieguito
Union !sigh School Districts. The San Dieguito District has indicated
that overcrowding conditions exist and adequate school facilities
are not available (letter attached). However, in a letter
dated November 1, 1950, the Cardiff Elementary School District
certified that it would now be able to provide adequate school
services and facilities subject to the Planning Department
collecting AB201 fees at building permit time. (letter attached)
The applicant has been informed that an adequate school letter
must be provided from San Dieguito prior to the public hearing.
C. Project consistency with plans and policies:
The project is consistent with both the San Dieguito Community Plan and
Inclusionary Housing Policy (I -75). The San Dieguito Community Plan
designates the site Residential 4 (2.9 D.U.s per acre) and the existing
zoning is R -R -1. The applicant has also requested a zone reclassification
(R79 -38) to change the R -R -1 Zone to the Provisional (P) R -V -3 Zone
with a special area regulation designator to develop a planned development.
The applicant has also designated this project for lower income families
and as such qualifies for a density bonus under the Inclusionary Housing
Policy (I 75), Policy 2.1 of the Land Use Element of the County General
Plan and footnote 6 of the Compatibility Matrix. In addition, an Ordinance
amendment is currently being reviewed by staff to implement the two
policies and footnote 6 by placing the bonus provision and density override
directly in The Zoning Ordinance. In the Residential 4 cate -ory this
would allow 3.S dwelling units per acre or a 201 bonus. This project
proposes a density of 3.4 D.U.s per acre. However, the bonus is subject
to certain restrictions in order to assure that the bonus units will
be available to lower income households. Specifically, the bonus units
must be rental units with tl.e San Diego housing Authority monitoring
� r
TM 3690 4 P79 -41
the continued availability of these
major use permit should assure that
intended that the density bonus and
in TM 3960 will satisfy the Coastal
in both Heritage Park: (T,.1 3808) and
D. Other:
units. Conditions placed in the
the policy is enforced. It is
lower income rental units provided
Commission's request for such units
this project.
This is the first project to utilize the Inclusionary Housing Policy as
it applies to lower income households using a combination of rental and
ownership units. 11ithout using the density bonus this project, with the
Planned development permit, would allow a maximum of 161 ownership
dwelling units. Utilizing the density bonus, however, the yield for
this site has increased to 183 dwelling units, but, 15% of these must
be retained as lower income rental units. In this case 23 dwelling
units fall into this category while the remaining 160 units can be sold
as ownership units.
Paralleling the review of this project has been the preparation of the
Local Coastal Plan (L.C.P.). The L.C.P. which was heard by the Board
of Supervisors on February 13, 1980, and continued to February 27, 1930,
recommended that this site not be changed from the current Residential
4 land use designation.
On February 22, 1980, your Commission continued TM 3960, P79-41 and
R79 -38 to obtain further information regarding the procedures under
which the Commission could render a decision on this case and to resolve
certain issues related to sewer service, significant external noise
identified in the EIR, and an inadequate school letter from the San
Dieguito Union School District.
While the issues, except for sewer service which can be solved through
conditions discussed in Section B above, remain generally unresolvedg
procedures by which your Commission could approve this project are
located in the General Plan and Zoning Matrix. Matrix. Board Policy
I -75 and Policy 2.1 of the Land Use Element of the County General Plan
allows a density bonus for low /moderate income families. Footnote 6 of
the Compatibility ;Matrix allows a 20% bonus in certain land use
designations, including Residential 4, and also implies that this bonus
can be implemented through an inflated density designator in the
applicable Use Regulation. In this case, the proposed reclassification
(R79 -38) to provisional (P) R -V -3 will show a 3.4 density allowance in
the density development regulation box. Hence, a county -wide Zoning
Ordinance Amendment is not required prior to action on this case as stated
by staff on February 22, 1980.
On February 29, 1980, your Commission continued this item again at the
request of the applicant to allow the Environmental Analysis Division
ample time to review proposed mitigations regarding extended noise and to
allow the applicant to make necessary map changes as may be required by
these mitigations.
TM 3690 & P79 -41 - 4 -
E. Alternative Approaches:
As an alternative the project could be developed at the density allowed
by*the San Dieguito Community Plan (2.9 D.U.'s per acre) without
utilizing the density bonus. This would require a redesign to delete
the bonus units. Due to the close ties this project has with Heritage
Park (TIM 3308) and the requirements of the Coastal Commission, the
majority of this project would probably still have to be for low or
moderate income families.
II. REASONS FOR RECONVENDATION:
If adequate school letters can be provided, sewer service is assured and the
significant impact (noise) identified by the Environmental Review Board
can be found insignificant or significant but mitigable, then recommend
approval because:
1. The project is in conformance with the San Dieguito Community Plan
and Inclusionary Housing Policy by proposing 3.4 dwelling units per
acre in an area designated 3.5 dwelling units per acre when the 20%
bonus for lower income households is used.
2. All environmental concerns have been found either insignificant or
significant and mitigable.
3. Subject to compliance with the conditions in the resolution and major
use permit the County Zoning Ordinance and Subdivision Ordinance
requirements will be met.
If appropriate environmental findings cannot be made and /or sewer and school
availability cannot be assured, recommend denial for those reasons.
Pursuant to Section 7358 of The Zoning Ordinance, the following findings in support
of the granting (or modification) of the major use permit are made:
(1) The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, or structures.
The fact supporting Finding (1) is as follows:
The project is bordered by vacant land or scattered single family dwellings
with the major open space area of this project buffering residences on the
west. Significant landscaping treatment of the site will enhance both the
nan made and natural slopes. As proposed, the size and design of the project
will be consistent with the improvements required along E1 Camino Real. The
operation of lower income rentals for only a portion of this project will
not significantly affect adjacent uses and, therefore, no such detriments
should occur.
Tim 3690 (i P79 -41
(2) The impacts, as described in Finding (1) above, and the location of the
proposed use will not adversely affect the San Diego County General Plan.
The fact supporting Finding (2) is as follows:
Utilizing the density bonus outlined in the Inclusionary Housing Policy will
result in a 20a increase in density over that allowed by right in the
Residential 4 land use category. The benefits to the community by providing
an available source of rental units for lower income families in an area
generally devoid of such units and in conjunction with a larger cohesive
condominium planned development is very compatible with the County General
Plan goals of providing a balanced housing mix throughout the County.
(3) The proposed use at its proposed location will provide a service or facility
which will not be detrimental to the general well -being of the surrounding
neighborhood or community.
The fact supporting Finding (3) is as follows:
By incorporating lower income units with a planned development the needs of
balanced housing in this area of San Dieguito will be met with no detriment
to the surrounding community. In addition the density of 3.4 dwelling units
per acre is generally consistent with projects already approved in the
vicinity of this proposal.
Attachments: Attached hereto are the vicinity map, resolution, Draft Decision
of the Commission, Environmental Impact Report, Ownership Disclosure, school letters,
fire, water, and sewer letters.
DEPART`IEN7 OF PL- VNNI'NG AND 1XID USE
Paul C. Zucker, Director
By
aul A. Nanganelli, Deput
PAM: GNII 1: gac