1985-32290 y Recording Requested by and
When Recorded Return to:
State of California I �� JAN 30 PM ��
California Coastal Commission
631 Howard Street, Fourth Floor
San Francisco, California 94105 L GOu: l i y r ;lt n & •�
Attention: Legal Department
0$2 66 3-�-f
NO FEE/
IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT r
AND
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DECLARATIONS OF RESTRICTIONS 4
THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN-SPACE EASEMENT AND
DECLARATIONS OF RESTRICTIONS (hereinafter "Offer") is made this November l/ , r
1984, by LAGOON VIEW, INC. (hereinafter referred to as "Grantor"). '
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I. WHEREAS, Grantor is the legal owner of a fee interest of certain
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real properties located in the County of San Diego, State of California and Z
described in the attached Exhibit A (hereinafter referred to as the {°
"Property"); and M
II. WHEREAS, all of the Property is located within the coastal zone as o
defined in Section 30103 of the California Public Resources Code (which code ? 0
is hereinafter referred to as the "Public Resources Code"); and z 0
III. WHEREAS, the California Coastal Act of 1976, (hereinafter referred
to as the "Act") creates the California Coastal Commission (hereinafter
referred to as the "Commission") and requires that any development approved by 4
the Commission must be consistent with the policies of the Act set forth in "fin
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Chapter 3 of Division 20 of the Public Resources Code; and
IV. WHEREAS, Pursuant to the Act, Grantor applied to the Commission for
a permit to undertake development as defined in the Act within the coastal .r
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zone of San Diego County (hereinafter the "Permit"); and
V. WHEREAS, a coastal development permit, No. 6-84-390 was granted on
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l��yur� ;Z3 198 , by the Commission in accordance with the provisions of
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the Staff Recommendations and Findings (Exhibit E) attached hereto and hereby
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incorporated by reference, subject to the following condition:
Open Space Easement. Prior to issuuance of the permit, the
applicant shall record an irrevocable offer to dedicate to a public Jam'
agency, or to a private association acceptable to the Executive
Director, and open space easement over the area described as
follows:
Lots 30 and 32 of County of San Diego Tentative Map #4460, I 0
to be shown as Lot 30 on the Final Map #4460. }'
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Said open space easement shall prohibit any alteration of 1
landforms, placement or removal of vegetation, or erection of
structures of any type, unless approved by the California Coastal ii
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Commission or its successor in interest. ,(
The offer shall be irrevocable for a period of 21 years, shall !f
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 form and of content
acceptable to the Executive Director.
VI. WHEREAS, The Commission, acting on behalf of the People of the State , M
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oof California and pursuant to the Act, granted the Permit to the Grantor upon
condition (hereinafter the "Condition") requiring inter alia that the Grantor 0
record a deed restriction and irrevocable offer to dedicate an open-space 0
easement over the Property and agrees to restrict development on and use of
the Property so as to preserve the open-space and scenic values present on the
and so as to prevent the adverse direct and cumulative effects on
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coastal resources and public access to the coast which could occur if the
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Property were not restricted in accordance with this Offer; and
VII. WHEREAS, the Commission has placed the Condition on the permit
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because a finding must be made under Public Resources Code Section 30604(a)
that the proposed development is in conformity with the provisions of Chapter `
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' '3 of the Act and that in the absence of the protections provided by the
Conditions said finding could not be made; and
VIII. WHEREAS, Grantor has elected to comply with the Condition and
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execute this Offer so as to enable Grantor to undertake the development J
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authorized by the Permit; and
IX. WHEREAS, it is intended that this Offer is irrevocable and shall 0
constitute enforceable restrictions within the meaning of Artinle XIII,
Section 8 of the California Constitution and that said Offer when accepted
n enforceable restriction under the orvision of the M
shall thereby qualify as a e p
California Revenue and Taxation Code, Section 402.1; 0I
NOW THEREFORE, in consideration of the above and the mutual benefit °~
and conditions set forth herein, the substantial public benefits for the
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protection of coastal resources to be derived, the preservation of the ? Cn
Property in open-space uses and the granting of the Permit to the owner by the
Commission, Grantor hereby irrevocably offers to dedicate to the State of
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California, a political subdivision or a private association acceptable to the
Executive Director of the Commission (hereinafter, the "Grantee"), an
open-space easement in gross and in perpetuity for light, air, view, and for
the preservation of scenic qualities over that certain portion of the Property ` �
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specifically described in Exhibit B (hereinafter the "Protected Land"); and
This Offer and Declaration of Restrictions subjects the Property to the
following terms, conditions, and restrictions which shall be effective from
the time of recordation of this instrument. C
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1. USE OF PROPERTY. The use of the Protected Land shall be limited to rn.
natural open space for habitat protection, private recreation, and resource
conservation uses. '
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No development as defined in Public Resources Code, Section 30106, r
attached hereto as Exhibit C and incorporated herein by this reference, � 'V
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including but not limited too, removal of trees and other major or native
vegetation, grading, paving, or installation of structures such as signs,
buildings, etc, shall occur or be allowed on the Protected Land with the
exception of the following subject to applicable governmental regulatory E
requirements: `
(a) the removal of hazardous substances or conditions or diseased
plants or trees.
(b) the removal of any vegetation which constitutes or contributes to a
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fire hazard to residential use of neighboring properties, and which vegatation py
lies within 100 feet of existing or permitted residential development; ��
(c) the installation or repair of underground utility lines and septic
systems; `'
2. RIGHT OF ENTRY. The Grantee or its agent may enter onto the
Property to ascertain whether the use restrictions set forth above are being
observed at times reasonably acceptable to the Grantor. t
j 3. BENEFIT AND BURDEN. This offer shall run with and burden the
Property, and all obligations, terms, conditions, and restrictions hereby ; G
imposed shall be deemed to be covenants and restrictions running with the land z
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and shall be effective limitations on the use of the Property from the date of O
recordation of this document and shall bind the Grantor and all successors and i C
assigns. This Offer shall benefit the State of California. r ` Z
4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions
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is held to be invalid or for any reason becomes unenforceable, no other
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provisions shall be thereby affected or impaired. }
5. ENFORCEMENT. Any act or any conveyance, contract, or q�
authorization whether written or oral by the Grantor which uses or would cause ` r
to be used or would permit use of the Protected Land contrary to the terms of { �
this Offer will be deemed a breach hereof. The Grantee may bring any action
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in court necessary to enforce this Offer, including, but not limited to,
injunction to terminate a breaching activity and to force the restoration of
all damage done by such activity, or an action to enforce the terms and ^,
provisions hereof by specific performance. It is understood and agreed that
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the Grantee may pursue any appropriate legal and equitable remedies. The 0
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Grantee shall have sole discretion to determine under what circumstances an
action to enforce the terms and conditons of this Offer shall be brought in
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law or in equity. Any forbearance on the part of the Grantee to enforce the
terms and provisions hereof in the event of a breach shall not be deemed a F 0
waiver of Grantee's rights regarding any subsequent breach. v
6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid
all real property taxes and assessments levied or assessed against the Cn
Property.
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7. MAINTENANCE. The Grantee shall not be obligated to maintain, z
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improve, or otherwise expend any funds in connection with the Property of any
interest or easement created by this Offer. All costs and expenses for such rn
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maintenance, improvement use, or possession shall be borne by the Grantor,
except for costs incurred by Grantee for monitoring compliance with the terms 0
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of this easement. ?
8. LIABILITY AND INDEMNIFICATION. This conveyance is made and Z
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accepted upon the express conditions that the Grantee, its agencies,
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departments, officers, agents, and employees are to be free from all liability ! ,ro
and claim for damage by reason of any injury to any person or persons,
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including Grantor, or property of any kind whatsoever and to whomsoever
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belonging, including Grantor, from any cause or causes whatsoever, except
matters arising out of the sole negligence of the Grantee, while in, upon, or r
in any way connected with the Property, Grantor hereby covenanting and
agreeing to indemnify and hold harmless the Grantee, its agencies, r
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486 {
departments, officer, agent, and employees from all liability, loss cost, and
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obligations on account of or arising out of such injuries or losses however
occuring. The Grantee shall have not right of control over, nor duties and ^
responsibilities with respect to the Property which would subject the Grantee �+
to any liability occurring upon the land by virtue of the fact that the right
of the Grantee to enter the land is strictly limited to preventing uses
inconsistent with the interest granted and does not include the right to enter
the land for the purposes of correcting any dangerous condition as defined by
California Government Code Section 830.
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9. SUCCESSORS AND ASSIGNS. The terms, convenants, conditions,
exceptions, obligations, and reservations contained in this Offer shall be v
binding upon and inure to the benefit of the sucessors and assigns of both the 1 .
Grantor and the Grantee, whether voluntary or involuntary.
10. TERM. This irrevocable offer of dedication shall be binding upon
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the owner and the heirs, assigns, or successors in interest to the Property
described above for a period of 21 years. Upon recordation of an acceptance M
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of this offer by the Grantee in the form attached hereto as Exhibit D, this
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offer and terms, conditions, and restrictions shall have the effect of a grant 33' ` O
of open-space and scenic easement in gross and perpetuity for light, air, view
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and the preservation of scenic qualities over the open-space area that shall ! C=
run with the land and be binding on the parties, heirs assigns, and ii Z
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successors. ' .
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Acceptance of the Offer is subject to a covenant which runs with the ( "
land, providing that any offeree to accept the easement may not abandon it but
must instead offer the easement to other public agencies or private
associations acceptable to the Executive Director of the Commission for the r
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duration of the term of the original Offer to Dedicate. ,
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' 487
Executed on this o21` day of bylleen byr,, 1984, at San Diego, California.
DATED: Z $�/
LAGOON VIEW, INC., as owner
By: V By: ,v� >e
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Charles J. Randle, President Lewis J. Wilson, Secretary
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State of California)
)SS
County of San Diego)
On this/ F day of NovAYr,bP.T in the year 1984, before me, the
undersigned, a Notary Public in and for said State, personally appeared
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" Charles J. Randle (personally known to me) (proved to me on the basis of M
satisfactory evidence) to be the President and Lewis J. Wilson (personally
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known to me) (proved to me on the basis of satisfactory evidence) to be the
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Secretary of Lagoon View Incorported that executed the within instrument on
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behalf of the corporation therein named, and acknowledged to me that such C
corporation executed the therein instrument pursuant to its by-laws or a z
resolution of its board of directors.
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WITNESS my hand and official seal. }
u. OFFICIAL SEAL .
Denise May Jermyn
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY r
My Commission Fxpires ect.6.1986 I
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Notary Public in and or said State
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488
This is to certify that the Offer of dedication set forth above is hereby
acknowledged by the undersigned officer on behalf of the California Coastal
Commission pursuant to authority conferred by the California Coastal
Commission when it granted Coastal Development No. (o-,q q-3 90 on
198 and the California Coastal Commission consents to r
recordation thereof by its duly aut ized officer.
Dated: 2
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California Coastal Commission
Y
State ofJ� )
)SS
� County ofS;n �/7j1GiaGd ) )
On }anUar//$'f�, 1985, before me -LL 2C Uhir,{Qrgi a Notary ¢
Public, personally appeared 1 +R. �,Q� ('{y� , personally known to me
to be (or proved to me on the basis of satisfactory evidence) to be the person
who executed this instrument as the N 1 CBG(y""e, , and authorized /
representative of the California Coastal Commission and acknowledged to me
that the California Coastal Commission executed it.
WITNESS my hand and offi l seal.
Or TOTAL SEAL t rn
"f r'-30RAH S PD':?IJM
PIOTARY PUCUC-CALIFORNIA �.
r.Iy corm; �t�� MWI 20,IC33
Notary Public in and for said State r
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EXHIBIT A 0
Property "
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Lot 157 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 r
of the County Recorder of San Diego County, on January 12, 1984. i m
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EXHIBIT B
Protected Land r`
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That portion of Lot 157 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 County, on January 12, 1984,.
more particulary described as follows: N
Commencing at the Northeast Corner of said Lot 157, thence along the Northerly
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line of said Lot 157, South 89°47'31" West 30.00 feet to the TRUE POINT OF
BEGINNING; thence continuing South 89°47'31" West 621.11 feet to the Northwest
Corner of said Lot 157; thence along the Westerly line of Lot 157 South
00°09'41" East 639.11 feet; thence North 89°46'32" East 10.00 feet; thence
North 00°09'41" West 160,37 feet; thence South 74°09'12" East 100.91 feet; " Z
thence South 73°53'07" East 80.21 feet; thence North 00°09`41" West 11.88
feet; thence South 73°53'07" East 85.42 feet; thence North 00°09'41" West
M owk
32.31 feet to the beginning of a 226.00 foot radius tangent curve concave 1';` 0,
Easterly; thence along the arc of said curve through a central angle of 0
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3°24'03" a distance of 13.41 feet to a point to which a radial line bears
North 86°45'38" West; thence North 73 053'07" West 173.35 feet; thence North t
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00°09' 41" West 276.88 feet; thence North 71 017'05" East 189.01 feet; thence
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North 00 012'29" West 100.00 feet; thence North 89°47'31" East 342.00 feet;
thence North 00°09'41" West 10.00 feet to the TRUE POINT OF BEGINNING,
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EXHIBIT C
Public Resource Code Section 30106
[ 30106. Development
"Development" means, on land, in or under water, the placement or
erection of any solid material or structure; discharge or disposal of any r''
dredged material or of any gaseous, liquid, solid, or thermal waste; grading,
removing, dredging, mining, or extraction of any materials; change in the
density or intensity of use of land, including, but not limited to, m
subdivision pursuant to the Subdivision Map Act (commencing with Section 66410
of the Government Code), and any other division of land, including lot splits,
except where the land division is brought about in connection with the 0 j
purchase of such land by a public agency for public recreational use; change
in the intensity of use of water, or of access thereto; construction, # q
reconstruction, demolition, or alteration of the size of any structure, '
including any facility of any private, public, or municipal utility; and the ; " M
removal or harvesting of major vegetation other than for agricultural '
purposes, kelp harvesting, and timber operations which are in accordance with j
a timber harvesting plan submitted pursuant to the provisions of the 1�a
Z'berg-Nejedly Forest Practice Act of 1973 ( commencing with Section 4511). ; Z
As used in this section, "structure" includes, but is not limited to, any a '
building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and
electrical power transmission and distribution line. rn
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EXHIBIT D
Recording Requested by and R
When Recorded Mail to: `#
California Coastal Commission
631 Howard Street, Fourth Floor -.
San Francisco, California 94105
Attention: Legal Department 0
E
CERTIFICATE OF ACCEPTANCE '
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OFFER OF DEDICATION OF OPEN SPACE EASEMENT
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This is to certify that hereby accepts the
Offer to Dedicate Open Space Easement executed by on M
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198_ and recorded on , 198 as File/Page No. 0
of the Official Records in the Office of the Recorder of San
Diego County.
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By: Dated:
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For:
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State of California ) 0
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County of ) }- Q
On , 198_, before me the undersigned , a Notary Public in C; ,
and for said State, personally appeared , Title Z
known to me to be the of the �
, who executed the within instrument and acknowledged
to me that he executed the same. m
WITNESS my hand and official seal.
Notary Public in and for said State
Page 1 of Two Pages
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493
ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION
This is to certify that is a
public agency/private association acceptable to the Executive Director of the �5
Commission, California 4 �„
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Coastal Commission to be Grantee under the above described Offer to Mn
Dedication. 0
Dated Executive Director
Coastal Commission M
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State of California
)SS
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County of )
On 198_, before me the undersigned a Notary Public in
and for said State, personally appeared , Title
of the California Coastal Commission and Q'
know to me to be the person who executed the within instrument on behalf of M
said Commission, and acknowledged to me that such Commission executed the b `d
same. }`
WITNESS my hand and official seal. 0
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Notary Public in and for said State
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Page 2 of Two Pages
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�Xk11BtT �
Sate of California,George Deukmelian,G$'vov�rr 494
STAFF: SS:Lro '
California Coastal Commission
SAN DIEGO COAST DISTRICT REPORT: September 28, 19 _i.j
6154 Mission Gorge Road,Suite 220 HEARING DATE: October )-12, 1984 •jl
San Diego,CA 02120
(714)280-6992 ,
REVISED CONDITIONS AND FINDINGS
=71
Application No.: 6-84-390
Applicant: Lagoon View, Ltd. Agent: Randle and Associates, Inc. j
Description: Planned Residential Development to create 29 residential and 3 open
space lots. Installation of streets and drainage improvements with Iq
30,000 cu. yds. balanced grading.
hbt area 10 acres-
Zoning R-V-3
Plan designation Residential 4 - 2.9 dua
Project density 2.9 dua
Site: At eastern terminus of Blue Heron Ave., southeast of Saxony Road ♦�w,
and La Costa Ave. in Leucadia, San Diego Co. APN 216-110-30
'Substantial File Documents: °Appeal No. 276-80 ( M/
°CCC #p6-81-202A3
°CCC ##6-82-67
'Certified San Dieguito LCP Land Use Plan and draft
Implementing Ordinances
Date of Commission Action: August 23, 1984 M
Commissioners Voting "YES": Franco, King, MaeElvaine, Gotch, Slates, McMurray,
McNeil, Shipp, Wornum, Holmdahl 0
Commissioners Voting "NO": Nutter ` ,
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Findings: Zyy
I. Approval with Conditions. —f
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The Commission hereby grants a permit for the proposed development, subject ;, M
to the conditions below, on the grounds that, as conditioned, the development will -s
be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1,
1976, will not prejudice the ability of the local government having 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.
II. Standard Condition r.
See page 8. a
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!n►Aq A 9 n1 C 5 6-84-390
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III. 'Special Conditions.
This permit is subject to the following conditions.
1. Grading and.Runoff Control: The applicant shall comply with the following {
Yeyarding grading and runoff- control,.
a. Prior to the transmittal of this pplicant shall Noma
permit, the- applicant
submit a runoff. control. plan designed by a licensed engineer qualified
in hydrology and hydraulics, which would assure no increase in peak
runoff from the fully developed site over runoff that would occur from
the existing undeveloped site as a result of a 10 year,frequency storm {
over a six hoer duration (10 year, 6 hour rainstotm) .
Methods employed within th'e runoff control plan to 'control increase
in runoff are at the discretion of the'engi.neer, and could include check
dams, energy dissipa_tors, sedimentation basins, etc. where drainage
improvements are to connect with those on the adjacent deVclopment, the
detailed improvement plan (with calculations) for the adjacent property
shall also be submitted. The runoff control plan including supporting ♦�
calculations shall be submitted to and determined adequate in writing Mr
by the Executive Diiector prior to the transmittal of the permit.
b. All grading activities for roads, utilities,'and installation M+'�
of erosion and sedimentation devices shall be-prohibited within the
period from October 1 to April 1 of each year. A grading schedule and, i
y erosion control plan shall be submitted to and approved in writing by j )
f the Executive Director prior to transmittal of the permit. Any #
variation from that schedule shall be promptly reported to the
Executive Director.
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The Executive Director may modify this requirement and allow for , 0
.y grading and revegetation to occur during the period of October l to April 1
if so requested by the applicant when submitting the grading schedule, pro-
vided the grading and revegetation period is limited to a maximum of 30 days; i 0
i and, provided the applicant assures maintenance of the erosion control
facilities and repair of any on-site or off-site erosion damage which may
occur through the posting of a $25,000 bond for such purposes. z
c. All areas disturbed by grading shall be planted within
i (60) days of the initial disturbance and prior to October 1st with i
temporary or permanent (in the case of finished slopes) erosion control
methods. Said planting shall be accomplished under the supervision of )
a licensed landscape architect and shall consist of seeding, mulching,
fertilization, and irrigation adequate to provide 90 percent coverage
within 90 days. Planting shall. be repeated until the regttired level of
d coverage is established. This requirement shall apply to all disturbed
psoils including stockpiles. The hydroseed mix shall contain native -
plant material compatible with the adjacent open space and shall be
subject to Executive Director approval prior to .tra=idtLal of the permit-.
d. All permanent erosion control devices small be developed and
installed prior to any on-:t.ce jrauing accivitlos. nie• :;ubmittuci
plans shall indicate temporary and emergency erosion control measures
to control, soil. movement to the satisfaction of the Executive Director,
to be implomentrd during the consL-ructi.on tn,riod and prior to Lhc ) Ef
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permanent rstablie:hmenl of slope plantings. Said measures :;ht;11
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include, but not be limited to, diking, desiltin9 basins, sand
bagging, et-c., to be installed when rainfall occurs but in no case s mn
later than October 1 , mn '
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- 2. Restorat t ion of Olien Space_. The applicant shall comply with the 4�
following regarding restoration of Lots 30 and 32 (to be combined as Lot a sh all
open space) to the satisfaction of the Executive Director. The following shall
be completed within the calendar year 1984. Authorizatign to proceed with any
portion of the restoration project shall, if deemed necessary by the Executive
Director, precede transmittal of the permit in order to accommodate time
constraints associated with the rainy season.
84 he applicant shall submit to the
a. Prior to September 1, 19 , t Pp E
Executive Director plans for restoration of the open space area which m
include grading plans acceptable to the County of San Diego, which-
conform to pre-existing natural contours (as shown on County of San
Diego TM'4460) to the maximum extent possible.
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b. Prior to September 1, 1984, the applicant -shall submit a
ve etation plan acceptable to the County-and prepared by a licensed
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landscape architect familiar with coastal sage scrub and chaparral �
communities. Said plan shall detail type, size, amount and location
of all plant materials which shall be drought-resistant native species
-existing vegetation to the maximum
to approximate the natural pre ,
extent possible. Plans shall include soil amendments, fertilizers. '4
and irrigation required.
C. The approved grading and planting shall be completed prior to 0
October 1, 1984. Said planting shall be accomplished under the super-
fvision of a licensed landscape architect and shall be adequate to provide 0
90 percent 'coverage within 90 days. Planting shall be repeated until
4 the required level of coverage is established.
d. That portion of Lot 30 within 50 feet.of Lots ,29 and 31 may be
replanted with fire retardant native plant materials to the satis-
faction of the County of San Diego and Executive Director, or cleared
as fuclbreak upon written order by the County Fire Department.
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e. All plantings within the open space area shall be maintained P
by the developer, or by the property owners through provisions in the
covenants, conditions and restrictions of the subdivision. If said_ .
maintenance is to be through provisions in the CC&R's of the sub-
division, a copy of the CC&R's incorporating this requirement shall be
submitted to the Executive Director prior to occupancy of-the first _ r
completed residence.
3. Open Space Ea emont. Prior to issuance or the permit, the a-3 a-ont
shall record an irrevocable. offer to dedicate to a public actency, or to a I3rivaC�� r
ent over the
association acceptable to the Executive Director, an open space casem m
area described as follows:'
Lots 30 and 32 of County df San Diego Tentative Map 114460, to 0
be shown'as Lot.30 on the Final Map 114460. M
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Said open space easement shall prohibit any alteration of landforms,
placement or removal of vegetation, or erection• of structinres of any type, unless
approved by the California Coastal Commission or its successor in interact.
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The offer shall be irrevocable for a period of 21 years, sh<111 run in favor
o£ 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 h r►
encumbrances except tax lions. The'offer to dedicate shall be in a form and- of
content acceptable to the Executive Director. P
4. Residential Construction. Prior to commencement of construction of
the proposed residences, the applicant shall submit detailed site pl.an, floor plans m^
and elevations to the Executive Director for approval: All. residences shall
conform•to the graded pad approved pursuant to this permit. Any additional grading
will require an amendment to this permit or a separate coastal development permit. } i
IV. Findings and Declarations. `
The Commission finds and declares as follows:
1, Project Description. The proposed project is a:29-unit Planned Residential # ♦ .+
Development on a vacant 10 acre site: The project includes a subdivision (T:
1 44460) Vr
j to create 29 residential (minimum 6000 sq.ft.) and 3 open space lots and a major use
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P (P84-30) for a Planned Development for a maximum 29 dwelling units and
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related recreation facilities.
The subject site is located adjacent to the east of a 153-unit residential sub-
division (Quail Gardens Unit No. 4; Appeal No. 276-80) which is presently under f
5 construction. Tlie subject 10 acre'lot was created as part of that, subdivision,
but not proposed for development at that time. The proposed project includes
construction of streets and drainage improvements including the extension of. Blue
( Heron Avenue east to the eastern property boundary (30 ft. half R/W on-site)',
Bella Vista Drive north along the eastern property line (30 ft. R/W on-site) and an O
internal street with two cul-de-sacs (ibnnie Bluff Court and Circle- 52 ft. R/W).
to•access the interior lots.
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Three open space lots are created with the subdivision. Lot 30 is proposed as
natural open space and located at the northwest corner of the property and com-
prising the upper extension of a canyon which reaches north toward s propose
Lagoon. Lot 31 is between Lot 30 and the residential parcels and is proposed as y
Group Common Area. Lot 32 is comprised of the proposed manufactured slog.^_s west
of and below residential Lots 23-28. The County is requiring that Lots 30 and 32. M
bo combined on the final map as one open space Lot 30.
( Grading proposed includes creation of 29 residential building sites (30,000±
cu.,d. balanced cut and fill) with maximum cut and fill slopes at 15 and 30 feet,
hrespectively. Detailcsd site •plans, floor plans and elevations for the proposed
residences must he submitted for lxecutive Director approval , prior to
commencement of construction, in conformance with Condition 114. Any deviation cqulu
will
� from the approved grading plan for. construction of the residences airre c
li an amendment or a separate coastal development permit. r,
2. Site and Surrounding Area. The site is located in the Loucadia area
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southeast of the intersection of Saxony Road and La Costa Avenue approximately
three-fourths of a mile south of Batiiquitos Lagbon. The site is located on the �
ridge between Saxony �_'anyon to the west and the bluffs• overlooking Green valley to �.
the east. Surrounding land use includes agriculture to the north and cast-, the A
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(proposed) "House of Mazda"church facility and related agricultural acti-vities
to the south (CCC 416-82-67; Mazdaznan Elector Corp.) and a 153-unit residential
subdivision adjacent to the east (Appeal No 2.76-80; Quail Gardens Assoc. Ltd./
Degan Development Co.) currently under. construction. South of that development
is a (proposed) 106-unit residential development (F8445; Central Breen II) . The
extension of Blue Heron Avenue along the southern property boundary Was approved r
previously to serve the House of Mazda development.
Development of adjacent property has resulted in-gr ading encroachment (some M
unauthorized) onto the subject site. The potential violation of the Coastal At.t 0
regarding the unauthorized grading will be dealt with separate from this coastal
development permit. However, the proposed natural open space Lot 30 has been
totally disturbed by construction of a dirt access road to the eastern lots of
the adjacent. development and by removal of all the native vegetation. Therefore,
the Commission finds that restoration of the open space area must be dealt with lord p
as a condition of this per for the subdivision which creates that lot as
-"natural" open space. The specifics regarding restoration are addressed in the i !�
attached conditions and following finding.
f site is located on a ridge
I 3. Drainage and Erosion Control: As stated, th°
south of and overlooking Bati.quites Lagoon. Natural drainage from the site is to
the West and south to join and course north to the lagoon as a streambed along
Saxony Road. Control of drainage and potential erosion from the site is of
particular concern in this area because of the effects of resultant sedimentati6n 3 rn
on downstream Batiquitos Lagoon. The relevant provisions of the Coastal Act
provide: ' Q
30231: The biological productivity and the quality of
coastal...wetlands—appropriate to maintain optimum populations i
of marine organisms...shall be maintained and where feasible, _
restored through, among other means...controlling run6ff... �.
maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.
30240(b) ; Development in areas adjacent to environ-
mentally sensitive habitat areas. ..shall be sited and do-,
signed to prevent impacts which would significantly degrade Y `,
such habitats, and shall be compatible with the continuance
of such habitat areas.
30253: New a'evelopment shall...(2•) As§ure stability and
structural integrity, and neither•create nor contribute
significantly to erosion, geologic instability, or destruction , r
of the site or surrounding area or in any way require the •
construction of protective devices L•hat would sub:;LanLially
alter natural landforms ,.long liluffs and cliff;
Drainage, and erosion control were dealt with extensively during Commisr.j on action
and staff review of.• the: two adjacent Quail Garden projects. The arl.tacliud con ii'Cion:;
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require the same degree of runoff control as required in approval of the drainage
improvements for the adjacent development. The applicant's agent.`has indicated y»
that drainage from thq, developed portion of the site*will tie-in to existing
improvements in the adjacent street system. The conditions will assure those
existing improvements are designed to accommodate projected runoff from this &' E
developed 3.0 acre site, or require additional retention devices.
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Therefore, as conditioned, drainage from the developed subdivision should be
controlled so as not to contribute to erosion and downstream sedimentation. .
However, erosion from the site during the construction phase, particularly nearing
the rainy season, is also of concern to the Commission. Therefore, erosion controls
built into the conditions of approval-include prohibition of all grading associated ..p�
with the project during the rainy season and submittal-of a temporary and emergency
erosion control plan to be implemented prior to establishment of hydroseeding, wheg
rainfall occurs but not later than October lst. .Controls also require hydroseeding
of all disturbed areas including stockpiles before October 1st to provide 90%
coverage in 90 days 6r be repeated until that coverage is established. )yi
Also required is submittal of a schddule for grading and installation of *erosion 9 v'
control devices. This requirement is necessary to assure time constraints re- p'
garding the rainy season are acknowledged and adhered to by the applicant particularly $ ±
because only 38 days will remain between project approval and the Oct-obek 1 deadline )
in grading year 1984. This requirement may be modified by the Executive Director to
allow grading to occur between October 1 and April 1, if grading and revegetation
is accomplished in 30 days and maintenancq of*erosion control facilities and repaix, '
of any on or off-site erosion damange is assured through posting of a $2$,000 bond,
This modification is made to the season for grading in this particular case
fi because permanent erosion control devices to serve this development are already
e installed as part of the adjacent development currently under construction.
Because Lot 32 open space has already been graded and presently exists barren of
vegetation and unstabilized, Condition #2 regarding restoration of the open space _
Y requires that the xestoration project be completed before the 1984 rainy season.
(t The project will involve recontouring and revegetation and, in addition to
( providing erosion control, will serve as habitat enhancement as discussed in
the following finding.
' 3. Environmentally Sensitive Habitat-. The subject site'is adjacent to the
chaparral and coastal sage scrub covered hillsides along Batiquitos Lagoon, Saxony .i
Canyon and Green Valley. The northwestern corner of the site which was to be i
preserved as natural open space consists of the upper portion of a steep naturally ..
vegetated canyon which reaches north toward Batiquitos Lagoon. During review of ; C
the adjacent wail Gardens development the Department of fish and Game advised i
the Conission that protection of sensitive habitat to retain viable natural rn'
conununities can most successfully be done by preserving these steep hillsides as
permanent open space. The relevant section of the Coastal Act provides:
Section 30240(a) . Environmentally sensitive habitat areas shall-be
protect:cd against any significant disruption of habitat values, and only
uses dependant on such resources. shall be atlowed within such )
a areas. (b) Development in areas adjacent to environmentally
sensitive habitat areas...shall be sited and designed to prevent
impacts which would significantly degrade such areas, and a
shall be compati"hle i wLII the continuance of such .habitat areas. )
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Consequently, Policy 32 of the certified San Dieguito land *use plan was drafted to
protect the environmentally sensitive habitats' of chaparral and coastal sage scrub ^
by preserving nativeN vegetation on natural slopes,of 25%.grade and over within 4
the major inland bluff systems. The proposed open space Lot 32 did meet such
criteria for preservation; 'however, as stated earlier the lot,has already been '
graded. The attached conditions are designed to require restoration of the open
space to the pre-existing natural conditions to the maximum extent possible and
rpreservation of the lot in permanent open space in hopes of re-establishing a
continuance of the habitat in the canyon below, consistent with Section 30240(b) . r
The conditions allow for revegetation of a 56 ft. buffer strip adjacent to the
residential parcels with native fire retardant plant materials consistent with
County action on the ,project. Clearing for a fuel break, will only be permitted m,
upon written order by the Fire Department (Section 30253) .
_ 4. Local. Coastal Program. The proposed z9-unit Planned Residential
Development represents a density of 2.9 dwelling units per acre which is in
a
conformance with the land use designation contained in the certified San Dieguito
LCP land use plan. Additionally, the project is consistent with all *applicable
Chapter 3 policies and the habitat protection policies'in the LUP. )
_Policy 124 of the LUP establishes the Coastal Resource Protection overlay area $'
of which the site is• a part. The County has submitted the draft Coastal Resource f q�
Protection Area regulations to implement this policy which prohibit grading on 1 �
slopes of greater than 25% grade unless strict application would deny reasonable'
use of the property. In Commission review and approval of the adjacent development,
prior to certification of the LUP, .grading of slopes of greater than 25', grade.
was permitted in exchange for preservation of the flogr and sides of Saxony Carryon
in permanent open space. In addition to the slopes on the proposed open space lot,
the subject parcel contains a small isolated area of 25% grade on the west facing
slope located on the southwest portion of the property which will be graded and
become a fill slope supporting residential lots 23-28. The Commission finds ?;
permitting disturbance of this isolated pocket of steep slope which .is. not part
of a continuous band of sensitive habitat, and is surrounded by disturbed land- +, o
forms is reasonable and consistent with the intent of Policy 32 and resultant
Policy 124. Other conditions of approval address maintenance of a sensitive
habitat area on the site through open space restoration and permanent preservation, Z
also consistent with the LUP. The proposed fill slope will also become a part of _
the open space system on-site and be planted with native materials the same as in
proposed Lot 32.
Another land use planning issue raised by .tre adjacent development and subject ( , C
proposal is that of access to the mesa-top between Saxony Canyon and Green'Valley. -
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The Commission action on Quail Gardens Unit 1 14 identified Balou; Drive as the
preferred main access road which can-be constructed consistent with the Coastal
Act along the proposed alignment and establish a basic road onto the mesa for i
access. The proposed development is served by minor accoss roads off Balour r
Drive and does not establish the nood for addles onal, major accoss road:; to the � e
mesa top. As conditioned, the proposed project :should not prejudice: the County's
ability to prepare a certifiable Local Coastal, Program.
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PACE: 110. t
APPLICAT1017 NO. 6-84-390
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STMDARD CONDITIONS:
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1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by r'
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 comarenced-,. the permit will expire t
two years from the date on which the Coinnission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension ov the permit 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 . l
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.
b. Assi nment. The permit may be assigned to any qualified person, provided 1
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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