1991-229679 RECORDING REQUESTED BY AND RETURN TO:
380 -DOC #: 1991-0229679
California Coastal Commission
, .,.
45 Fremont St., Suite 2000 15—MAY-1991 03=59 PM
San Francisco, CA 94105-2219
I 1 SRN DIEGO COUNTY RECORDER'S OFFICE
r" ANNETTE EVANS, COUNTY RECORDER
2 FEES: 0.00
3�P
3 IRREVOCABLE OFFER TO DEDICATE TRAIL EASEMENT
r- 4
AND
5
DECLARATION OF RESTRICTIONS
6
Py
7 THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC TRAIL EASEMENT AND
6 �? '
DECLARATION OF RESTRICTIONS ( hereinafter referred to as the "Offer") is v
9 made this ,A- day of 1&,cl. , 19 W, by FARGO PROPERTIES, LTD.
10 a CALIFORNIA LIMITED PARTNERSHIP
(hereinafter referred to as "Grantor").
11 1 1. WHEREAS, Grantor is the legal owner of a fee interest of certain
12 real property located in the Count of SAN DIEGO
Y State of California,
13 legally described as particularly set forth in attached EXHIBIT A hereby
14 incorporated by reference and hereinafter referred to as the "Property;" and
115 II. WHEREAS, the property is located within the coastal zone as
i6 defined in 630103 of the California Public Resources Code (hereinafter
17 referred to as the "Public Resources Code"); and
18 III. WHEREAS, the California Coastal Act of 1976 (hereinafter referred
19
to as the "Act") creates the California Coastal Commission (hereinafter
20 referred to as the "Commission") and requires that any coastal development
21
Permit approved pproved by the Commission must be consistent with the policies of
22
the Act set forth in Chapter 3 of Division 20 of the Public Resources
23 Code; and
24 IV. WHEREAS, pursuant to the Act, the Grantor applied to the
25 Commission to undertake development as defined in 430106 of the Public
26 Resources Code within the coastal zone of SAN DIEGO County; and
27 V. WHEREAS, a coastal development permit number 6-90-49
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fTo,4LI/o 4.7
sro. 1 X13 iecv.ona
-1-
on
r , +•, 381
1 (hereinafter referred to as the "Permit") was granted on JUNE 15 ,
2
19 90 , by the Commission in accordance with the Staff Recommendation and
3 Findings, attached hereto as EXHIBIT B and hereby incorporated by reference,
4 subject to the following condition:
5 Public Access Easement. Prior to the issuance of a coastal development
permit, the landowner sh—aT execute and record a document, in a form and
content acceptable to the Executive Director, irrevocably offering to dedicate
6
to a public agency or private association approved by the Executive`Dfrectorcan
easement for public pedestrian access. The document shall provide that the
7 offer of dedication shall not be used or constructed to allow anyone, prior
to acceptance of the offer, to interfere with any rights of public access
8 acquired through use which may exist on the property. Such easement shall be
10 feet wide and located generally east of and 2 feet below the daylight line
9 as proposed on Lot 12, and shown on Exhibits 2 and 2A. This easement is
relocated from its originally proposed location to the area generally depicted
10 1 of Exhibit 2 as a result of the Commission's action. The document shall be
recorded free of prior liens which the Executive Director determines may affect
11 the interest being conveyed and free of any other encumbrances may affect said
interest.
12
The offer shall run with the land in favor of the People of the State of
13 California, binding all successors and assignees, and shall be irrevocable for
a period of 21 years, such period running from the date of recording. The
14 recording document shall include legal description of both and applicant's
entire parcel(s) and the easement area.
15
18 VI. WHEREAS, the Property is a parcel traversed by a trail used for
17 public recreation and access and under the policy of §30223 of the Public
18 Resources Code, upland areas necessary to support coastal recreational uses
19 shall be reserved for such uses, where feasible; and
20 VII. WHEREAS, under the policies of 630210 through 30212 of the Public
21 Resources Code, public access through the coastal zone is to be maximized; and
22 VIII. WHEREAS the Commission found that but for the imposition of the
23 above condition, the proposed development could not be found consistent with
24 the public access policies of §30210 through 30223 of the Act and that,
25 therefore, in the absence of such a condition, a permit could not have been
28 granted; and
27 IX. WHEREAS, Grantor has elected to comply with the Condition and
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STATI OF 4L1,OANIA
STO. 113 I Rev.4J2I
-2-
Os,
382
, 1 and execute this Offer so as to enable Grantor to undertake the development
2 authorized by the Permit.
3 NOW THEREFORE, in consideration of the
granting of the Permit to the
4 Grantor by the Commission, Grantor hereby irrevocably offers to dedicate to
5 the People of the State of California, a trail easement in gross and in
8 perpetuity over the Property as follows:
7 1. DESCRIPTION. The easement offered hereby affects that portion of
8 the Property a strip of land 10' wide and located generally east of and
9 2 feet below the daylight line of proposed lot 12
10 and as specifically described in EXHIBIT C, attached hereto and incorporated
11 herein by reference (hereinafter referred to as the "Trail").
12 2. PURPOSE. The easement is for the ur ose of allowing P p g public
13 pedestrian and equestrian ingress and egress, and for public recreational
? 14. trail purposes. The right of public use of the easement is limited to
15 daylight .hours, from one hour before sunrise to one hour after sunset. The
'j 18 Grantee of the easement shall have the right to maintain, construct and
17 repair the Trail, and to relocate the Trail within the easement area.
18 3. DECLARATION OF RESTRICTIONS. This Offer of dedication shall not
19 be used of construed to allow anyone, prior to acceptance of the Offer, to
20 interfere with any rights of public access acquired through use which may
21 exist on the Property. After acceptance, Grantor shall not interfere with
22 the public's use of the easement nor take any action inconsistent with such
• 23
use including,n B without t limi
tati
on, constructing or improving the Property
24 within the easement area in a manner inconsistent with the public's use or
25 enjoyment thereof. Grantor shall not be bound to undertake any construction,
28 maintenance or repair to provide for the ublic
p purposes hereunder. . Grantor
27 shall retain all normal rights and incidents of ownership of the underlying
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sTG. 113 1[W.[.7L
a..
-3-
i
383
1 fee interest in the Property not inconsistent with the easement.
2 4. DURATION, ACCEPTANCE AND TRANSFERABILITY. This irrevocable offer-
3 of dedication shall be binding upon the owner and the heirs, assigns, or
4 successors in interest to the Property described above for a period of 21
5 years. This Offer may be accepted by any agency of the State of California,
6 a political subdivision, or a private association acceptable to the Executive
7 Director of the Commission (hereinafter referred to as the "Grantee").
8 Such acceptance shall be effectuated by recordation by the Grantee of an
9 acceptance of this Offer in the form attached hereto as EXHIBIT D. Upon
' 10 such recordation of acceptance, this Offer and terms, conditions, and
11 restrictions shall have the effect of a
grant of trail easement in gross and
12 perpetuity that shall run with the land and be binding on the heirs, assigns,
13 and successors of the Grantor. After acceptance, this easement may be
14 transferred to and held by any entity which qualifies as a Grantee under the
15 criteria hereinabove stated. Acceptance of the Offer is subject to a covenant
16 which runs with the land, providing that the Grantee may not abandon the
17 easement until such time as Grantee effectively transfers said easement to
18 an entity which qualifies as a Grantee under the criteria hereinabove stated.
19 5. REMEDIES. Any act, conveyance, contract, or authorization by
20 Grantor whether written or oral which uses or would cause to be used or
21 would permit use of the Trail contrary to the terms of this Offer will be
a
22 deemed breach hereof. The Grantor, any Grantee of this easement and any
23 offeree of this Offer may pursue any and all available legal and/or equitable
24 remedies to enforce the terms and conditions of the Offer and easement and
25 their respective interest in the property. In the event of a breach, any
26 forbearance on the part of any such party to enforce the terms and provisions
27 hereof shall not be deemed a waiver of enforcement rights regarding any
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384
1 subsequent breach.
1
2 6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid
3 all real property taxes and assessments levied or assessed against the
4 Property. It is intended that this irrevocable Offer and the use restrictions
5 contained herein shall constitute enforceable restrictions within the meaning
6 of a) Article XIII, 58, of the California Constitution; and b) 5402.1 of
7 the California Revenue and Taxation Code or successor statute. Furthermore,
8 this Offer, easement and restricitons shall be deemed to constitute a
9 servitude upon and burden to the Property within the meaning of 43712(d) of
10 the California Revenue and Taxation Code, or successor statute, which survives
11 a sale of tax-deeded property.
12 7. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions,
13 exceptions, obligations, and reservations contained in this Offer shall be
14 binding upon and inure to the benefit of the successors and assigns of both
I15 the Grantor and the Grantee, whether voluntary or involuntary.
16 B. SEVERABILITY. If any provision of this Offer is held to be invalid,
17 or for any reason becomes unenforceable, no other provision shall be thereby
18 affected or impaired.
19
20 Executed on this iE;k- day of at," X9 4
, at
21
City of San Die go, County of San Diego, State of California
22 Fargo Prope s, Ltd. California Limited Partnership
' 23 SIGNED:
24 V1LTtiQ
25 TYPE OR PRINT NAME OF ABOVE TYPE OR PRINT NAME OF ABOVE
26
27
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OTT'OF"WOMMIA
STO. 113 IREV.6.731 -�-
01�
1
385
1 * * NOTE TO NOTARY PUBLIC * * If you are notarizing the signatures of person
signing on behalf of a corporation, partnership, or government entity please
2 use the correct the notary acknowledgement as explained in
Law Book. P Your Notary Public
3
4
t (Partnership) - a
5 STATE OF CALIFORNIA
COUNTY OF _��n DIC�CIU } SS.
6
On before me, the undersigned, a Notary Public in and for
7 said State,personally appeared �j
8 , personally known to me or
Proved to me on the basis of satisfactory evidence to be
th person _ who executed the within.instrument as
th
9 of the partners of the partnership aRCUtaFAi.
at executed the within instrument,and acknowledged Gthaiaa Wiq lulhatia Yalh
10 to me that such partnership executed the same. NmARV PUMX•CALWOM
WITNESS my hand and official seal, b anvarvu oAre EM
11 Ab f mW=fsP.J*24,1*2
Signatureltadlrq{naQlA�Fl+nn�n. in �7bY[� l
12
(This area for official notarial seal
14 (Corporation as a Partner of a Partnership)
15 STATE OF CALIFORNIA ))
1 COUNTY OF - } SS.
18 On
said State,personally appeared before me, the undersigned, a Notary Public in and for
17 personally known to me or proved to me on the.basis of satisfactory evidence to be the person who executed '
the within instrument as the President,and
18 personally known to me or proved to me on the basis of satisfactory evidence l
to be the person who executed the within instrument as the j
19 Secretary of
the corporation that executed the within
behalf of instrument on
20 the partnership that executed
the within instrument,and acknowledged to me that such
21 corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official seal,
22
Signature
23 (This area for official notarial seal
4 ._._..
24y -- —
25
26
27
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aTATa Or CALIIOON111
STD. 113 AKV.0.72,
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386
1 This is to certify that the Offer Dedicate set forth above is hereby
2 acknowledged by the undersigned officer on behalf of the California Coastal
3 Commission pursuant to the action of the Commission when it
granted Coastal
4 Development Permit Number 6-90-49 on June 15, 1990 and the
5 California Coastal Commission consents to recordation thereof by its duly
6 authorized officer.
7 DATED: 7"I 3
8
9 x,
owers, Staff Counsel
10 California Coastal Commission
11
12 STATE OF CALIFORNIA )
)ss
13
COUNTY OF SAN FRANCISCO )
14 On this day of in the year 19191 , before me
15 Deborah L. Bove a Notary Public, personally appeared
John Bowers
18 personally known to me, or
proved to me on the basis of satisfactory evidence, to be the person who
17 executed this instrument as STAFF COUNSEL of the CALIFORNIA COASTAL COMMISSION
18 and acknowledged to me that the CALIFORNIA COASTAL COMMISSION executed it.
i
`i 19
NOTARY IMALIVE *SACOUNTY PUBLIC IN AND FOR
I 20 NOTARY PUBLIGCALIFORNIA
CITY&COUNTY OF AND STATE
21 SAN FRANCISCO
My Commission Expires October 4.1991
22
23
24
25
26
27
COURT PAPER
.TATS 01 GLIIOOxIA
$TO. I IJ<9[V.[•931 —7—
*Go
387
EXHIBIT "An
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF THE NORTH HALF OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF SECTION 34, AND OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 34, y' z
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY, LYING EASTERLY OF THE CENTER LINE OF THE
COUNTY ROAD AS SHOWN ON MAP OF COUNTY ROAD SURVEY NO. 1317, A PLAT
OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID
SAN DIEGO COUNTY.
I
I.
I
t�,
STATE OF UUTORNIA—THE RESOURCES AGENCY 388
-
CALIFORNIA COASTAL COMMISSION GEOf DEURMEJIAN,Gowmw
SAN DIEGO COAST DISTRICT
1333.CAMINO DEL RIO SOUTH, SUITE 123 _
SAN DIEGO, U 92108-3520 .
(619)297-9740 EXHIBIT B
Staff: WNP-SD Fe
Staff Report: 9/24/90
Hearing Date: 10/9-12/90 114
REVISED FINDINGS
Application No.: 6-90-49
v Applicant: Fargo Industries Agent: JP Engineering Inc.
Fina9 Approved Development: -'Construction of--a 12-unit PlannW116sidenfia-1
Development (PRO) on a vacant 42.3 acre site. The project includes a
subdivision (TM#88-326) to create 12 residential lots with 17,839 cubic yards
balanced grading and street improvements and a major use permit (#88-326), one
open space lot (12.05 acres), one remainder parcel (16.64 acres), and one lot
for a private street (.6' acres)'. Proposed residential lot sizes range from
33,489 sq.ft.- to--64;580-sq.ft. and are configured on 9.5 acreS.``No' "
residential construction is proposed.
Site: North end of Swallowtail Road, between Saxony Drive and Bella Vista
Drive, Encinitas, San Diego County. APN 216-110-13
Date of Commission Action: June 15, 1990
Commissioners on Prevailing Side: Franco, Giacomini, Glickfeld,
MacElvaine, Malcolm, McInnis, Mori, Rynerson, Neely and Wright
Summary of Commission Action• The staff recommends that the Commission adopt
the following revised findings in support of the Commission's action on June
15, 1990. While staff recommended a revised trail alignment from that
submitted with the applicant's site plan to gain access to a trail and vista
point, the Commi-ss•ion approved the applicant's revised (prior to the
Commission action) trail alignment ,provided it was constructed consistent with
wheelchair access requirements.
FINDINGS: ,
The staff recommends the Commission adopt the following resolution: ,
i
I. Approval with Conditions.
The Commission hereby grants a permit for the proposed development, subject to
the conditions below, on the grounds that the development will be in
conformity with the provisions of Chapter 3 of the California Coastal Act of
1976, will not prejudice the ability.of the local government having
d jurisdiction,over the area to prepare a Local Coastal Program conforming to
the provisions of Chapter 3 of the Coastal Act, and will not have any
significant adverse impacts on the environment within the meaning of the
California Environmental quality Act.
a
-89
6-90-49
Page,2
II. Standard Conditions.
See attached page.
III. Special Conditions.
The Permit is subject to the following conditions:
I. Revised Site Plan/Public Access Trail Plan. Prior to the issuance
Of the coastal development permit, the applicant IQ l submit for the review
and approval in writing of the Executive Director, a revised site plan/public
access trail plan indicating that a 10 ft. wide pedestrian access easement has
been provided consistent with the attached Exhibit 2. This trail improvement
shall conform to City of -Encinitas design and construction requirements for
handicapped access so as to be accessible for wheelchair access. The plan
g shall indicate such improvements shall be constructed and completed prior to
the occupancy of any approved 'residential development on this property and
.that..the applicant shall be responsible for their maintenance, unless such
responsibility is assumed by a homeowner's association or public agency.
2. Runoff Control. Prior to the issuance of a coastal development
permit, the applicant shall submit a runoff control plan designed by a
licensed engineer qualified in hydrology and hydraulics, which would assure no
increase in peak runoff rate from the developed site as a result of a ten-year
frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff
control shall be accomplished by such means as on-site detention/desilting
basins. Energy dissipating measures at the terminus of outflow drains shall
be constructed. The runoff control plan including supporting calculations
shall be submitted to and determined adequate in writing by the Executive
Director.
3. Grading and Erosion Control. The applicant shall comply with the
following. conditions related to grading and erosion control:
A. Prior to the issuance of the coastal development permit, the
applicant shall submit final grading plans approved by the City of Encinitas
to the Executive Director for review and written approval. The final grading
plans shall be in conformance with the preliminary plans already shown and
shall document that no alteration of landforms, development, or clearcut
removal of vegetation shall occur beyond the indicated daylight line at the
326 to 330 foot contours along the ridge of Lots 2-6, or the proposed daylight
line along the ridge of Lots 11 and 12. This area is generally the
"disturbed" area as shown on the tentative tract map (revised Exhibit 3).
All grading activities shall be prohibited within the period from October 1 to
March 31st of each year. Prior to commencement of any grading activity, the
permittee shall submit a grading schedule which indicates that grading will be
completed within the permitted time frame designated in this condition and
that any variation from the schedule shall be promptly reported to the
Executive Director.
390
Y=
6-90-49
page 3
develoPedB
andAinsLajjanent run off and
activitie ed Prior to
s• erosion con
i or concurrent with control shall
C• Y on-site be '
the initial disturb
disturbed by grading
(in the case ante and prior gradi
be accomPlish0 finished to Oc ng shall be Plante
Provide d under theSSUPes) erosiono control with temporary d within 60
species compatib c with ge w1thinision of methods• S . or Permanent�f
Director aPProvale 90 da •aendCensed landscasaid planting shay)
surroundin ys shall Pe architect,
4.
OD en S ace 9 and vegetatioutilize vegetation fshall
development Pment Permit, the Restriction. to Executive
liens, property fr applicant prior to the
subsea and binding on the of all sh1. record is of
subsequent Prior lie d a restriction a the coastal
shall Purchasers:.of a�emittee, and encumbr against the
Prohibit anY. alteration y PortionsofucCessor antes. exce
the
erection Of any of landfo the real pro interest and Pt for tax any
Individual s d Exhibit 041 a ores of YPe rms• of existing rYct'io
rem 1 y= ing re
vegetation lots beyond the Propo y described as area shownxont�n
wegetationnor
Conditi removal for brush rOP°sad d as those the attached
deed- on #5 attached to man aYTi line, Portions of the
on Bement ght
on the
-restricted area shall h- permit. Ma' dc�here limited
descri South de slo include that Lot U, the ur under Ptio Pe, are o e Special
Protect stes Of oth the applicant's The recording dot meond the 30 foote
acceptable to Pes and entire document ano the setback 1
submitted to the Executive vegetati a Parcel include 7e one
and approved Director. • and shall be restricte
in"writ in Evidence of d area to
deve 5. Brush Man g by the Exec such action shall d content
Pment a writing
Pro utive' Director.
writin Permit, the ram• Prior to be
that a 9 of the ExecutiveaPPlicant shall the issuance
similapproved by_the- Director submit for
develo City. of a brush the review the coastal
exhibit f Pment proposaiSEncihitas Fire Program in
foot distance 5e 42 thr The plan d Planning peam consiste
to ugh #6. an shah nt with
Cl clear-cut beyond all planned d Lots #11 anInclude a scaleaments in
that ❑oub7ect toeselectivemoval for firerhs• desi#12, n9Othog a one-hundred
as
clear-cut thinning Protectia�ati
Permitted beyond thegetation removal and Prnn ng. Poses a subject
areas
south-facing s10 Said
-testa Pe betweenSed daylight Program shalll those
bliss a minim Lots #ilght 1)ne with the
indicate
daylight line um.30 foot set and #12, exception
shall
conducted The approved back f Therefore ption of t
the F! of tf. Y by manual means clearing beyondd pd�al 3tructuresrfgram shall
Fire De hazards. and shall be daylight line rom the
to 100 ft ..
Pt. indicates A greater than the absolute shall be
re9urementseoback area cle 30 foot minimum for
ea, subject to arin setback may be
be recorded the brush man Executive 7s necessary wit required if
Condition aion director hen the 30 ft.
#6 as ath deed Program discretion.
Permit, against ea ndividua i lot, The
shall
Pursuant to
§.
391--
6-90-49
Page 4
i
6, Residential Construction Prior to issuance of the coastal
en
developmt permit, the applicant shall record a deed restriction, in a form
-and content acceptable to the Executive Director, prior to all liens and
encumbrances and binding on the applicant and any successors in interest. The
restriction shall be recorded against each individual residential parcel
approved pursuant to this permit. The recorded document shall provide the
following:
a. Building setback and brush management practices on this lot are
limited, pursuant to Coastal Development Permit No. 6-90-49 on file in the
Coastal Commission office. The specific restrictions shall also be recorded,
with-exhibits lof•1'equi red,setbacks;"pursuant 'to"tbndition #5 'of-this permit.
b. Building colors and materials are limited to earth tones, including
deep shades of green, brown and grey, with no white or light shades, and no
bright tones, except as minor accents, to minimize the residential
development's contrast with- the surrounding hillsides and open space areas.
7. Offer to Dedicate Om Space Easement. Prior to the issuance of`a
coastal development permit, the applicant shall record an irrevocable offer to
dedicate to a public agency, or to a private association acceptable to the
Executive Director, an open space easement over the area shown on the attached
Exhibit °#5" and generally described as the steep slope areas of the two major
canyon areas on the property, (proposed Lots 13 and 14). The document shall
include legal descriptions of both the applicant's entire parcel(s) and the
easement area.
The offer shall be irrevocable for a period of 21 years, shall run in favor of
the People of the State of California, binding successors and assigns of the
applicant and/or landowners, and shall be recorded prior to all other liens
and encumbrances, except tax liens. The offer to dedicate shall be in a form
and content acceptable to the Executive Director.
8. Off-site Improvements. Any proposed off-site improvements to Saxony
Road shall require a separate coastal development permit or permit amendment
from the California Coastal Commission or its successors in interest.
9. future Development. This permit is for subdivision, grading of
building pads and street improvements. All other development proposals for
the site, including future residential construction, shall require review and
approval by the Coastal Commission, or its successor in interest, under a
separate coastal development permit.
10. Public Access Easement. Prior to the issuance of a coastal
development permit, the landowner shall execute and record a document, in a
form and content acceptable to the Executive Director, irrevocably offering to
dedicate to a public agency or private association approved by the Executive
Director an easement for public pedestrian access. The document shall provide
that the offer of dedication shall not be used or construed to allow anyone,
prior to acceptance of the offer, to interfere with any rights of public
i
392
6-90-49
Page 5
i
access acquired through use which may exist on the property. Such easement
shall be 10 feet wide and located generally east of and 2 feet below the
daylight line as proposed on Lot 12, and shown on Exhibits 2 and 2A. This
easement is relocated from its originally proposed location to the area
generally depicted on Exhibit 2 as a result of the Commission's action. The
document shall be recorded free of prior liens which the Executive Director
determines may affect the interest being conveyed, and free of any other
encumbrances which may affect said interest.
The offer shall run with the land in favor of the People of the State of
California, binding all successors and assignees, and shall be irrevocable for
a period of 21 years, such period running from the date of recording. The
reggrOing document shalI...lnclude.,legal .descriptions-of both the applicant's
entire parcel(s) and the easement area.
IV. Findings and Declarations.
The Commission finds and declares as follows: - - -- -
1. Detailed Proiect_Description. Proposed is a 12-unit Planned
Residential Development (PRD) on a vacant 42.3 acre site. The project
includes a subdivision (TM#88-326) to create 12 residential lots and a major
use permit (#88-326), one open space lot (12.05 acres), one remainder parcel
(16.64 acres), and one lot for a private street (.6 acres). Proposed
residential lot sizes range from 33,489 sq.ft. to 64,580 sq.ft. and are
configured on 9.5 acres. Proposed Lots 1-10 are clustered in the eastern
portion of the property; proposed Lots 11 and 12 are located near the central
part of the property (exhibit 1).
The proposed project includes a number of street improvements including the
extension of Swallowtail Road from the southerly property line (to serve lots
11 and 12) into a cul-de-sac (40 feet wide for about 120 lineal feet),
improvement of Bella Vista Drive, a private street, along the eastern property
boundary (28 feet wide for about 660 lineal feet), widening of-Saxony Road
along the western property boundary (25 feet wide for about 1,380 feet lineal
feet) and the construction of "A" street, an internal street with a cul-de-sac
to access interior Lots 1-10 (32 feet wide and about 500 lineal feet long)
onto the eastern end of the property from Bella Vista Drive.
The subject site is located about three-fourths of a mile to the south of
Batiquitos Lagoon in the City of Encinitas. The site is one lot removed from
Batiquitos Lagoon and La Costa Avenue to the north; Saxony Road borders the
Road,-a-private
street is the.eastern
odor
Bella Vista
' ct boundary; P
. .western prp�e_. _ y.
boundary; to the south is a large residential subdivision, Quail Gardens.
The L-shaped parcel consists of two large canyon areas that contain large
contiguous areas of high quality undisturbed watershed cover in the form of
coastal sage and chaparral communities and two flat ridge areas where
development would take place. Proposed Lots 11 and 12 are located on a ridge
between the two canyon areas .just north of an existing residential subdivision
and the terminus of Swallowtail Road.
393
6-90-49
Page 6
5
s
There is an existing dirt trail that extends north from the existing street
end (and' through proposed Lot 12) across the nose of the flat ridge area and
" Off site. This trail has been historically used by the public not only to -
access commanding views of Batiquitos Lagoon but to access undeveloped ridge
and canyon areas between this property and La Costa Avenue.
The project is proposing approximately 17,839 cubic yards of balanced cut and
fill grading to construct the building
cut and fill slopes are proposed at 7g feet sand d11 feet respectively. Maximum
developable portions of the lots (9.5 acres) have been disturbed and are
relatively flat. The easterly portion of the property, where Lots 1-10 are
proposed;-was formerly agricultural,-land and`was disturbed from farming
activities. Proposed Lots 11 and 12 have been disturbed through illegal
dumping activities. All development would be sited upon these level,
disturbed areas, with the exception of a fill slope proposed between Lots 11
and 12 and encompassing approximately .10 acre of steep slope area. No
residential structures are proposed with this application, and future
-residential construction will require a separate coastal development permit,
le subject to any lot development restrictions established herein.
The City of Encinitas is requiring that the applicant record an irrevocable
offer to dedicate Lot 14 (16.54 acres) to the City. This lot has been
designated as a "remainder" lot as the City plans to use it as a passive park
site in the future. The City is requiring the applicant to widen or fund the
widening of Saxony Road along the parcel's street frontage with this
application. Because of steep, heavily-vegetated slopes and riparian
resources located along Saxony Road in this area, Special Condition 48 is
being imposed, which requires that any improvements to the Saxony Road street
frontage along the applicant's parcel shall require a separate coastal
development permit. The widening of Saxony Road is not required to
accommodate the proposed development.
Lot 13- (12.05 acres) is proposed as natural open space and located in the
central portion of the property, comprising the upper extension of a canyon
which reaches north toward Batiquitos Lagoon. Lot 13 also extends eastward
across the canyon to the western property lines of proposed lots 3-6. The
western property lines of these lots extend onto chaparral-covered slopes in
,i excess of 25% grade. Additionally, the property lines of Lots 11 and 12
extend onto chaparral-covered slopes in excess of 25% grade.
The site of the proposed project is located along the top of a very prominent
ridge above the southern shore of Batiquitos Lagoon, easterly of Interstate
-5. The site is located within the Coastal Resource Protection overlay zone as
identified by the County of San Diego's certified LCP. The site is currently
zoned RR-1 by the City, and is planned for residential development at
densities not to exceed one dwelling unit per acre.
2. Environmentally Sensitive Habitat/Access Impacts. The subject site is
adjacent to the chaparral and coastal sage scrub covered hillsides comprising
canyon areas above Batiquitos Lagoon and Saxony Canyon. While neither the
f
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existing dirt trail nor the proposed vista point is identified in the City's
r draft LUP as part of its recreational trail system, it is .requiring the
applicant to provide a 10 foot wide pedestrian access easement which extends
3 from the cul-de-sac extension of Swallowtail Road onto steep slopes (25% - 40%
gradient) on the east side of Lot 12, and then onto the existing dirt trail
that leads to the vista point just north of the applicant's northern property
line overlooking Batiquitos Lagoon.
During review of the adjacent Quail Gardens development to the south, the
Department of Fish and Game advised the Commission that protection of
sensitive habitat to retain viable natural communities can most successfully
be done by preserving steep hillsides as permanent open space. The relevant
section of the Coastal .Act. provides:.
a. Environmentaliv Sensitive Habitats. Section 30240 of the Coastal Act
states.
(a) -Environmentally sensitive habitat, areas shall be protected--
against,any..significant disruption of habitat values, and only uses
dependent on such resources shall be allowed within such areas.
(b) Development in areas adjacent to environmentally sensitive
habitat areas and parks and recreation areas shall be sited and designed
to prevent impacts which would significantly degrade such areas, and shall
be compatible with the continuance of such habitat areas.
In addition, the County LCP contains several specific policies which apply to
the subject proposal. First, the site of the proposed development is located
within the County's Coastal Resource Protection Overlay (CRP) overlay zone.
The certified County LCP is used for guidance in review of development
proposals in this area, until the City has a certified LCP document.
Policy 5957 of the Coastal Resource Protection Area regulations read:
Steep Slope. No-development, grading, planting, excavation, deposit of
soil or other material, or removal of natural vegetation, except as may be
necessary for fire safety or installation of utility lines, shall be
permitted on steep natural slopes of 25% grade or greater. This standard
may be modified only to the extent that its strict application would
preclude the minimum reasonable use of a property, as defined herein;
j provided that such a modification is consistent with the other provisions
of this section and that clustering, setback variances, and other
appropriate techniques have been utilized to the maximum extent feasible
in-order•to _avoid or minimize alteration of such natural steep slopes. No
alteration of such natural steep slopes shall be permitted in order to
obtain use of a property in excess of the minimum reasonable use. For
purposes of this provision the term "minimum reasonable use" shall mean a
minimum of one (1) dwelling unit per acre. Any encroachment into steep
slope areas over 25% shall not exceed 10% of the steep slope area over 25%
grade....
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6-90-49
Page 8
With regard to landform alteration and sensitive habitat disturbanL, the
Proposed grading plan involves daylight cut and fill to provide a it 1
building site on the two disturbed portions of the property. The area where
Lots 11-and..12-are.-proposed was previously graded and filled without benefit
of a coastal development permit, most likely during construction of the
subdivision located to the south. The applicant is proposing to cut or fill a
maximum of 5 ft. within the upper portion of the site where disturbance has
already occurred.
On the south-facing slope of Lot 11, the applicant is proposing to fill to
create a level area for the driveway to access Lot 11. This fill amounts to
_ .10 acre of encroachment onto steep slope,area-(.62% of total _steep slope area-
° " on-site). Much-of *_his` i6Rh-facing slope is currently devoid of vegetation
(albeit through unauthorized disturbance) and is also proposed to be included
as part of the 30 ft. setback or °clear-cut° area. On all other lots, the
"clear-cut' area is required to be above the proposed grading limit. This
- additional encroachment for clear-cut purposes_ amounts to approximately. .036-
"acres.
The Commission finds this encroachment within steep slope areas, in this
particular case, to be consistent with the CRP Area regulations in that it is
proposed in the southern portion of the site which is not visible from
Batiquitos Lagoon and its surrounding roads and environs. The slope to be
graded and to provide the clear-cut zone is currently disturbed and will be
enhanced with native fire retardant vegetation pursuant to the improved brush
management program. The encroachment would be within the 10% allowed through
application of the CRP Area regulations.
The same conditions are not present on the remainder of the north, east and
west-facing slopes on the subject site. All are currently vegetated with
native chaparral/sage scrub vegetation and highly visible from lagoon and the
public access trail and vista point. Disturbance through grading or clear-cut
brush management practices would not be consistent with the Scenic or Coastal
--- - < Resource Protection Area regulations contained in the certified County LCP
Chapter 3 policies, or past Commission precedent.
Relative to the provision of a public trail and its impact on resource areas,
the existing dirt trail begins at the cul-de-sac terminus of Swallowtail
Road. It extends across the flat, previously graded area comprising proposed
Lot 12 and then narrows down to 10-20 feet wide as it continues north over the
nose of the flat ridge area and off-site to numerous other dirt trails that
meander along the ridges. This trail has been historically used by the public
not only to access commanding views of Batiquitos lagoon but to access
undeveloped ridge and canyon areas between this property and La Costa Avenue.
The trail extends across the applicant's property for about 700 feet. In
recognition of the historic public use of this property, the City of Encinitas
has required the applicant to provide a pedestrian easement to a vista point
that overlooks the lagoon. The City is requiring a trail to be constructed
within a 10 foot wide easement on the environmentally sensitive steep slopes
of Lot 12 rather than on the flat disturbed area that the public has
-
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6-90-49
Page 9 :N
traditionally used to access this scenic area. About 300 lineal feet of the
Proposed easement has been sited on the steep (25% - 40% gradient) slopes of
proposed Lot 12. According to the applicant, the reason for siting the
easement in this area is to provide the future homeowner on Lot 12 a privacy
buffer from bed portionof, as the easement is sited well below the flat,
upper disturbed portion of Lot 12. The applicant also notes that the existing
vegetation in the easement
activities. area has been disturbed by past illegal dumping
Staff notes that while the existing vegetation in the proposed easement area
has been disturbed by past grading and dumping activities, it would
reestablish with native vegetation without further disturbance. Moreover, u
gqnstrac.ti,on,.Qf a trdi.l-improyement -within this easement would require-
encroachment onto slopes of greater than 25% gradient and is not the least
environmentally damaging way to provide pedestrian access to the vista point.
Finally, there is evidence of historic public use of this property as
indicated by the dirt trail that extends across it and off-site to the north.
In response.to the staff recommendation, the applicant proposed an alternate
afignment shown on Exhibit 2, which is closer to the flat disturbed portion of
lot 12 but still encroaches within steep slope areas. Although it will
involve some slope disturbance, the Commission notes that vegetation in this
area is currently limited to seasonal grasses, and is devoid of naturally
occurring coastal sage and chaparral habitat. Because of the disturbance of
this area, the Commission finds that construction of an improved trail within
the applicant's submitted pedestrian easement location, would not result in
significant resource damage to naturally vegetated steep slopes. Therefore,
the Commission finds that the project, as conditioned can be found consistent
with Section 30240 of the Coastal Act and the County's CRP regulations.
b. Public Access/Historic Public Use
Section n_ 30210.
In carrying out the requirement of Section 4 of
Article X of the California Constitution, maximum access, which shall be
conspicuously posted, and recreational opportunities shall be provided for
all the people consistent with public safety needs and the need to protect
public rights, rights of private property owners, and natural resource
areas from overuse.
The applicant is proposing a building site, and subsequent residential
development, on that portion of proposed Lot 12 which the public has
.historically used to gain access to undeveloped ridge and canyon area on and
beyond this property. According to the attached letters containing 37
signatures, the recreating public has historically accessed this property for
hiking, bike riding, and visual access to commanding panoramic views of
Batiquitos Lagoon. In recognition of the historic public use of this
property, the City of Encinitas has required the applicant to provide a
pedestrian easement to a vista point that overlooks the lagoon. However, as
previously mentioned, the City is requiring a trail to be constructed within a
10 foot wide easement on the environmentally sensitive steep slopes of Lot 12
rather than on the fiat disturbed area that the public has traditionally used
397
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6-90-49
Page 10
to access this scenic area.
been used in its present According to the attached letters,
gain an easement by implied dedication. long as 7 this trail has
• it must be years. For the public to
' The public has _ shown that:
Without askin used the land for five years as if
presumed knowledge ofth receiving Permission from the it were public land,
r fide attempts owner. and without significant with the actuai or
P by the fee owner to prevent or significant objection or bona
The letters indicate the length of use use.
according to area residents, both the time test has been
Property have been aware that the past owner met. Also,
and the current Owner
of number-of-years. While the Public has r cted of the
in recognition of fPthe Pro has erected . o used the property for
landowner has had Public
Power of the Property n0 dumping/trespassing^
rights b Power since 1972 to rZ the Commission notes that the
Y posting signs containing Prevent future creation of
Section 1008 ("Right to pass b 9 the language set forth in C;v;7 Public
and by replacing them annually Permission and subject,.to control. Code '
such language in a local newsy if they are removed; or b of owner"),
notice of consent to Paper or general circulation•annually publishing
this writing none of public use (as provided in Civil Code or byonecor)recording a
thiswritin. Additionally.Of the above measures has been documented
Posted signs which were ey. thercourts were held that chains wacross e
landowner significantly-interfered with the not sufficient Paths and
to show that the
Public,s use of the property.
Based on the above, the Commission finds
potential access rights on this that the public has. ac
Provision of public access impro ements to Special Condition 1 callsdfor the trail
easement and Special Condition support the
through a recorded offer to #10 requires that the easement benformalized
use of this property and to dedicate In recognition of the
point is maximized to all se that public access to the trai7ric Public
finds that the applicant must submit the recreating and vista
must provide that a.can a Public Access Trail Plan Commission
within the easement area improvement shall be construtted'b This plan
requirements for handica This improved trail shall- utted-my the applicant
accessible for wheelchairpaacessess by the City to the design
shall be constructed and completed The plan she Ocindicateasuch as
mprovements 0 be
residential development on this prior to the occupanc
responsible for their maintenanceroperty and that the a y of any approved be
hes onsibls association or unless such responsibilit i shall ed
that the Public agency. Therefore, Y is assumed s a
project is consistent with Section 30217 of the Commission finds
the Coastal Act.
3. Visual Resources - - Section- 30251 of
• the Act states,: in part:
The scenic and visual qualities of coastal areas shall be
considered and protected as a resource of public importance.
development shall be sited and designed to
ocean and scenic coastal areas Permitted
forms, Protect views to and along the
to be visually compatibletwithnthezc the alteration of natural land
and feasible, to restore and enhancehvisualr of surrounding natural
degraded areas, quality in visuallyas,
398
6-90-49
Page 11
Portions of the site are located along the top of a very prominent ridge above
the southern shore of Batiquitos Lagoon, easterly of Interstate 5. The site
is located within the Coastal Resource Protection overlay zone is identified
by the County of San Diego's certified LCP:
The project site is also located within a mapped "prime viewshed" in the
certified LCP. While the effect of the LUP policies regarding visual
protection is to prohibit development which could break the ridgeline above
the prime viewsheds, the policies also encourage clustering, ridgeline
setbacks, and preservation of significant views. While residential
development is not proposed with this application, the Commission notes that
removal, of vegetation ossociated.with fire control on the Canyon fronting lots
has the potential to create adverse visual impacts from Saxony Road, La Costa
Avenue, and from Batiquitos Lagoon. Special Condition #5 addresses the
protection of natural habitat areas adjacent to the canyon lots. This
- condition requires submittal of a brush management program consistent with
that:approyedrby,tfte._City of Encinitas Fire and. Planning Departments in -
similar development proposals. The plan shall include a site plan showing a
one-hundred foot distance beyond all planned structures, designating those
areas subject to clear-cut vegetation removal for fire protection purposes,
and all those areas subject to selective thinning and pruning. Said program
` shall indicate that no clearcut vegetation removal for brush management
purposes shall be permitted within adjacent open space areas. The approved
I clearing shall be conducted entirely by manual means and shall be the absolute
minimum required for reduction of fire hazards. As conditioned, the
Commission finds that the project would avoid visual impacts from vegetation
clearance and help the project to achieve consistency with LCP and Chapter 3
policies dealing with visual resources. Therefore, the Commission finds that
the subject proposal, as conditioned, is consistent with Section 30251 of the
Coastal Act.
The applicant has submitted a potential site plan exhibit as an example of
d what could be included and recorded against the site as part of the brush
r management program-required pursuant to Condition A. The exhibit (Exhibit
#6) indicates sufficient area to provide 2,850 and 4,200 sq.ft. on the first
I floor of the single family homes on Lots #11 and #12. The proposed pad sizes
r are 19,610 sq.ft. and 18,570 sq.ft., respectively. The exhibit indicates the
lots could be developed with sufficient fuel break/setback to avoid clear-cut
vegetation removal on the adjacent visible slopes, assuming a 30 ft. clear-cut
zone (with the exception of the south-facing slope on Lot 11 previously
discussed). On the east side of Lot #12, where the public access trail is
being required, it appears a minor additional setback for the home may be
.necessary;to accommodate the 30 ft. clear-cut zone entirely within the graded
area.
Should the Fire;Dept. require additional area within the clear-cut zone due to
extreme potential fire hazard, the Commission's position is that additional
clear-cut areas could not extend onto slopes beyond the daylight line. If
Fire Dept!. requirements should render the proposed site plan infeasible, it
would be necessary for the applicant to process an .amendment to this coastal
? <
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- 399
6-90-49
Page 12
development permit to provide for an alternative lot line configuration or
combination of lots. As conditioned the Commission finds the proposed
development meets the requirements of Section 30240 of the Coastal Act.
4. Drain4 ge and Erosion Control. Section 30253 of the Coastal Act
states, in part:
New development shall:
(2) Assure stability and structural integrity, and neither
create nor contribute significantly to erosion, geologic instability, or
destruction of the site or surrounding area or in any way require the
.'construction of protective devices that would substantially alter natural" `
landforms along bluffs and cliffs.
In addition, Section 30240 of the Act states:
(a) Environmentally sensitive habitat areas shall be
protected against any significant-disruption of habitat values, and only
uses dependent on such resources shall be allowed within such areas.
(b) Development in areas adjacent to environmentally
sensitive habitat areas and parks and recreation areas shall be sited and
designed to prevent impacts which would significantly degrade such areas,
and shall be compatible with the continuance of such habitat areas.
finally, Section 30231 'of'the Act states:
The biological productivity and the quality of coastal
waters, streams, wetlands, estuaries, and lakes appropriate to maintain
Optimum populations of marine organisms and for the protection of human
health shall be maintained and, where feasible, restored through, among
other means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water
supplies and substantial interference-with-surface water flow encouraging
waste water reclamation, maintaining natural vegetation buffer areas that
protect riparian habitats, and minimizing alteration of natural streams.
Portions of the site are located on a ridge south of and overlooking the
environmentally sensitive habitat of Batiquitos Lagoon. A portion of the
natural drainage from the site is to the west and south to join and course
j north to the lagoon as a streambed along Saxony Road. Due to development in
the area surrounding the lagoon, this area has'suffered from extensive
siltation impacts, reducing the biological productivity of the lagoon.- Due to
the grading of the project site proposed as part of this application, there
exists a very high potential for increased erosion at the site, and subsequent
off-site erosion or siltation.
Drainage and erosion control were dealt with extensively during Commission
action and_staff review of development in the large residential project to the
south of the site, ,Quail Gardens. The attached conditions require the same
degree of runoff control as required in the approval. of the drainage
42 £ t f
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` 400
6-90-49
Page 13
improvements for the adjacent development.
For these reasons, Special Conditions #2 and #3 have been proposed. These
conditions would require that the applicant submit drainage plans, complete
with calculations,- to ensure that the flow velocities resulting from the
project do not increase over that of the land in an undeveloped state. In
addition, other appropriate erosion control measures, if necessary, will be
required as part of these special conditions. . Furthermore, all grading would
be prohibited during the rainy season, further reducing the potential for
erosion and subsequent sedimentation impacts.
Special Conditions #4 and #7 require the remaining undisturbed portions of the
site be committed.to open space, with the sole exception of those portions of
the site where some vegetation thinning will be required for fire protection
purposes. No alteration, disturbance or removal of limited vegetation will
occur beyond the daylight cut line, with the exception of the vegetative
thinning mentioned above. This will further reduce the possible erosion and
.:downstream sediment transport by limiting potential exposed soil areas and
preserving vegetative buffers to the maximum extent feasible given sometimes
hazardous fire conditions. Therefore, the Commission finds that the subject
proposal, as conditioned, is consistent with Sections 30253, 30240 and 30231
of the Act.
5. Local Coastal Planning. Section 30604 (a) also requires that a
coastal development permit shall be issued only if the Commission finds that
the permitted development will not prejudice the ability of the local
government to prepare a Local Coastal Program (LCP) in conformity with the
provisions of Chapter 3 of the Coastal Act. In this case, such a finding can
be made.
The previously-certified County LCP contains several specific policies which
apply to the subject proposal. First, the site of the proposed development is
located within the County's Coastal Resource Protection area, and is
therefore, subject to the Scenic Area regulations contained in the LCP.
While neither the trail nor the vista point is identified in the City's LUP as
part of its recreational trail system, it is requiring the applicant to
provide a 10 foot wide pedestrian access easement which extends from the
cul-de-sac extension of Swallowtail Road onto steep slopes on the east side of
Lot 12, and then onto the existing dirt trail that leads to the vista point
just north of the applicant's northern property line overlooking Batiquitos
Lagoon. The Commission strongly encourages the City to not only include this
scenic point in their LUP designation of a Vista Point but also include the
pedestrian trail as part of its recreational trail system. These actions
would protect potential public prescriptive use of the trail and assure the
continued public accessibility to this scenic feature.
in addition, the policies of the certified LCP require that adequate drainage
and runoff control be installed on the site, including on-site dissipators,
siltation basins, etc., to avoid increases in 'flow velocities to avoid
siltation of the lagoons, and a grading season is defined. The special
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401
6-90-49
Page 14
conditions stated above generally reflect the specific policy language of the
LUP and the County's implementing ordinances.
The County's LCP also required protection of the visual qualities of coastal i
areas, particularly those areas defined as part of a prime viewshed. Due to
the location and prominence of the project site, no practical method of
completely eliminating the visibility of the project from roadways, the
proposed vista point, or the lagoon are available. That is, no matter what
mitigation measures are applied, the project will be visible from the areas
defined as of special interest in the LCP. However, by minimizing vegetation
removal through a brush management program and by future care in siting and
,,.Oesigning. tbe_upcoming,.residential .structures,.the.Nisual encroachment into -
the identified prime viewshed of this property can be minimized.
Given the special conditions provided above, conflicts with the policies and
ordinances of the certified LCP, specifically the policies of the Coastal
- Resource Protection overlay and the visual resource policies of the LCP, will
be avoided. Therefore,_the.Commission finds that the approval- .of. the subject
development, as-conditioned, will not prejudice the City of Encinitas' ability
to prepare a certifiable local coastal program.
STANDARD CONDITIONS:
I. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of..time. . Application for extension o£-the..permi.t must.
be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5, .. Inspections..,- The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
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EXHIBIT N0. 6
APPLICATION NO.
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PAGE 1 OF 3 410
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LEGAL DESCRIPTION
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THAT PORTION OF ALL THOSE PORTIONS OF THE NORTH HALF OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER OF SECTION 34, AND OF THE SOUTHWEST
SECTION OF 4 TOWNSHIP QUARTER
SOUTH, OF RANGE SOUTHEAST W WEST, QUARTER RKARDINO SAID
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, LYING EASTERLY OF THE
CENTER LINE OF THE COUNTY ROAD AS SHOWN ON MAP OF r
SURVEY NO. 1317, A PLAT OF WHICH IS ON F COUNTY ROAD
ILE IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, LYING WITHIN A 10.00 FOOT
WIDE EASEMENT, THE SIDELINES OF SAID EASEMENT LYING 5.00
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: FEET ON
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 114 OF COUNTY OF SAN
DIEGO TRACT NO. 4265, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10817, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO ON JANUARY 12, 1984; SAID POINT
ALSO BEING IN THE ARC OF A NON-TANGENT 970.00 FOOT RADIUS CURVE
WEST;CONCAVE THENCE RNORTHERLY IAALONG THE SAID
ARC OF�SA BEARS SOUTH THROUGH 23n
CENTRAL ANGLE OF 00°03'51", AN ARC DISTANCE OF CURVE FEET To THE
BEGINNING OF A COMPOUND 20,00 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 72.0611911, AN ARC DISTANCE OF 25.17 FEET TO THE BEGINNING
OF A REVERSE 50.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 138°14'26", AN ARC DISTANCE OF 120.64 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID CURVE ALONG A NON-TANGENT LINE NORTH
02009'4711 EAST, 49.47 FEET; THENCE NORTH 41.4714411 WEST, 36.78
FEET; THENCE NORTH 53°48118" WEST, 92,64 FEET; THENCE NORTH
38 039'36" WEST, 121.88 FEET; THENCE NORTH 23°28'27" WEST, 27,76
FEET TO A POINT OF TERMINUS, THE EASTERLY AND WESTERLY SIDELINES
I, OF SAID 10.00 FOOT WIDE EASEMENT TO TERMINATE ON A LINE WITH A
BEARING OF SOUTH 75°27151" EAST, AND NORTH 75°27'51" WEST,
RESPECTIVELY, FROM SAID POINT OF TERMINUS,
THE SIDELINES AT THE SOUTH END OF SAID 10.00 FEET WIDE EASEMENT TO
TERMINATE ON THE ARC OF SAID 50,00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY.
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APPLICATION N�.
I EXHIBIT CPAGE 3 OF 3
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-.. 413
Recording Requested by and EXHIBIT 0
When Recorded Mail to: PERMIT NO.
California Coastal Commission Acceotance Certificate
45 Fremont St., Suite 2000 Pa 9 a one 1 of two 2
San Francisco, Ca 94105-2219 — "
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Offer
to Dedicate dated ' '
, executed by
and recorded on
as Instrument Number is hereby accepted by
a public agency/private
association on pursuant to authority conferred by
resolution of the adopted on
and the grantee consents to recordation thereof by its
duly authorized officer.
By:
Dated: For:
STATE OF CALIFORNIA j
)ss
COUNTY OF )
On this day of in the year
19s, before me, a Notary Public,
personally appeared personally known to
me, or proved to on the basis of satisfactory evidence, to be the person
who executed this instrument as of
and acknowledged to me that the
executed it.
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
Y
414
ACKNOWLEDGEMENT BY THE CALIFORNIA COASTAL COMMISSION
OF ACCEPTANCE OF OFFER TO DEDICATE
This is to certify that
' is a public agency/private association acceptable to the Executive Director
of the the California Coastal Commission to be Grantee under the Offer to
i
Dedicate executed by on
and recorded on in the
office of the County Recorder of County as
r.
Instrument Number
Dated:
California Coastal Commission
STATE OF CALIFORNIA )
COUNTY OF )ss)
On this day of in the year
19_, before me, a Notary Public,
personally appeared , personally known to
who executed this me, or proved i me on the basis of satisfactory evidence, to be the person
instrument as of
and acknowledged to me that the
executed it.
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE