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1983-40042 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 8.72) OUP Recording Requested by and When Recorded Return to: ; �§ - C d California Coastal Commission VV. 92 631 Howard Street, Fourth Floor � Gra f ---I San Francisco, California 94105 OFFf[� Attention: Legal Department C33 JAN -5 P,1 1: 00 IRREVOCABLE OFFER TO DEDICATE OPEN -SPACE EASEMENT F AND DECLARATIONS OF RESTRICTIONS THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN -SPACE EASEMENT AND DECLARATIONS OF RESTRICTIONS (hereinafter "Offer ") is made this (1) December 23 • , 1982 , by (2) Gary L. Brummett and Raija H.Brummett(hereinafter referred to as "Grantor "). I. WHEREAS, Grantor is the legal owner of a fee interest of certain real properties located in the County of (3) San Diego State of California and described in the attached Exhibit A (hereinafter referred to as the "Property "); and II. WHEREAS, all of the Property is located within the coastal zone as defined in Section 30103 of the California Public Resources Code (which code is hereinafter referred to as the "Public Resources Code "); and 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 the Commission must be consistent with the policies of the Act set forth in 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 -z- ��- 93 1 coastal zone of (4) San Diego County (hereinafter the 2 "Permit "); and 3 WHEREAS, a coastal development permit, No. (5) 6 -82 -450 was 4 granted on (6) November 18 19 82 , by the Commission in 5 accordance with the provisions of the Staff Recommendations and Findings 6 (Exhibit E) attached hereto and hereby incorporated by reference, subject 7 to the following condition;(7) 8 Prior to issuance of the permit, the applicant shall record irrevocable offers to dedicate to a public agency, or to a 9 private association acceptable to the Executive Director, open space easements over the area described as follows: 10 All undeveloped areas on both Parcels i and 2 (TM #17652) that 11 exceed a natural slope gradient of 25 percent. 1.2 Said open space easements shall prohibit any grading, land alteration or erection of structures of any type, unless approved 13 by the California Coastal Commission or its successor in interest. 14 The offer shall be irrevocable for a period of 21 years, shall run in favor of the People of the State of California, binding 15 successors and assigns of the applicant and /or landowners, and shall be recorded prior to all other liens and encumbrances except 16 tax liens. The offer to dedicate shall be in a form and of content acceptable to the Executive Director. 17 18 19 20 21 WHEREAS, the Commission, acting on behalf of the People of the 22 State of California and pursuant to the Act, granted the Permit to the 23 Grantor upon condition (hereinafter the "Condition ") requiring inter alia 24 that the Grantor record a deed restriction and irrevocable offer to 25 dedicate an open -space easement over the Property and agrees to restrict 26 development on and use of the Property so as to preserve the open -space and 27 scenic values present on the property and so as to prevent the adverse RT PAPER C 01 CAIII. -A . . 113 lPiv a.91e Os► r Z m. O C Z. v m' r' r- r �m n: 0 ;v frn 2 1 2 3 4 5 6 7 8 9 10 11 12 13I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATC OF CALIFORNIA STO. 113 (REV. 8.72) O.P -3- 94 direct and cumulative effects on coastal resources and public access to the coast which could occur if the Property were not restricted in accordance with this Offer; and VII. WHEREAS, the Commission has placed the Condition on the permit 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 3 of the Act and that in the absence of the protections provided by the Condition said finding could not be made; and VIII. WHEREAS, Grantor has elected to comply with the Condition and execute this Offer so as to enable Grantor to undertake the development authorized by the Permit; and IX. WHEREAS, it is intended that this Offer is irrevocable and shall constitute enforceable restrictions within the meaning of Article XIII, Section 8 of the California Constitution and that said Offer when accepted shall thereby qualify as an enforceable restriction under the provision of the California Revenue and Taxation Code, Section 402.1; NOW THEREFORE, in consideration of the above and the mutual benefit and conditions set forth herein, the substantial public benefits for the protection of coastal resources to be derived, the preservation of the 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 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 specifically described in Exhibit B (hereinafter the Protected Land); and m n' M 0 O W Z M 0 m r F. .n V r M 2 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19. 20 21 22 23 24 25 26 27 COURT PAPER STATE OR CALIPO RNIA STO. 113 (REV. 8.721 OfP 1M -4- .Iv„ 95 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. 1. USE OF PROPERTY. The use of the Protected Land shall be limited to natural open space for habitat protection, private recreation, and resource conservation uses. No development as defined in Public Resources Code, Section 30106, attached hereto as Exhibit C and incorporated herein by this reference, including but not limited to, 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 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 fire hazard to residential use of neighboring properties, and which vegetation 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. 3. BENEFIT AND BURDEN. This offer shall run with and burden the Property, and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 2E 27 :OURT PAPER ;TAT£ OF CALIFORNIA 3TD. 113 (REV. 0.72 00r -5- land and shall be effective limitations on the use of the Property from the date of recordation of this document and shall bind the Grantor and all successors and assigns. This Offer shall benefit the State of California." 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 5. ENFORCEMENT. Any act or any conveyance, contract, or authorization whether written or oral by the Grantor which uses or would cause 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 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 the Grantee may pursue any appropriate legal and equitable remedies. The Grantee shall have sole discretion to determine under what circumstances an action to enforce the terms and conditions of this Offer shall be brought in 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 waiver of Grantee's rights regarding any subsequent breach. 6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid all real property taxes and assessments levied or assessed against the Property. 7. MAINTENANCE. The Grantee shall not be obligated to maintain, improve, or otherwise expend any funds in connection with the Property or any interest or easement created by this Offer. All costs and expenses for rn C O vv m �o K W -6_ 1 such maintenance, improvement use, or possession shall be borne by the 2 Grantor, except for costs incurred by grantee for monitoring compliance 3 with the terms of this easement. 4 8. LIABILITY AND INDEMNIFICATION. This conveyance is made and 5 accepted upon the express condition that the Grantee, its agencies, 6 departments, officers, agents, and employees are to be free from all 7 liability and claim for damage by reason of any injury to any person or 8 persons, including Grantor, or property of any kind whatsoever and to 9 whomsoever belonging, including Grantor, from any cause or causes 10 whatsoever, except matters arising out of the sole negligence of the 11 Grantee, while in, upon, or in any way connected with the Property, Grantor 12 hereby covenanting and agreeing to indemnify and hold harmless the Grantee, 13 its agencies, departments, officer, agent, and employees from all 14 liability, loss, cost, and obligations on account of or arising out of such 15 injuries or losses however occurring. The Grantee shall have not right of 16 control over, nor duties and responsibilities with respect to the Property 17 which would subject the Grantee to any liability occurring upon the land by 18 virtue of the fact that the right of the Grantee to enter the land is 19 strictly limited to preventing uses inconsistent with the interest granted 20 and does not include the right to enter the land for the purposes of 21 correcting any dangerous condition as defined by California Government Code 22 Section 830. 23 9. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, 24 exceptions, obligations, and reservations contained in this Offer shall be 25 binding upon and inure to the benefit of the successors and assigns of both 26 the Grantor and the Grantee, whether voluntary or involuntary. 27 10. TERM. This irrevocable offer of dedication shall be binding upon COURT PAPER STATE OF CALIFORNIA STD. 113 IREV. 8.721 OYP N . < -/- m v gg 1 the owner and the heirs, assigns, or successors in interest to the Property 2 described above for a period of 21 years. Upon recordation of an 3 acceptance of this offer by the grantee in the form attached hereto as 4 Exhibit D, this offer and terms, conditions, and restrictions shall have 5 the effect of a grant of open- space and scenic easement in gross and 6 perpetuity for light, air, view and the preservation of scenic qualities 7 over the open -space area that shall run with the land and be binding on the 8 parties, heirs assigns, and successors. 9 Acceptance of the Offer is subject to a covenant which runs with the to land, providing that any offeree to accept the easement may not abandon it 11 but must instead offer the easement to other public agencies or private 12 associations acceptable to the Executive Director of the Commission for the 13 duration of the term of the original Offer to Dedicate. 14 Executed on this �3" day of J)E 6E—M f3E7P_ at C P-J)) Ft 15 California. DATED: December 23, 1982 16 �� Ct a MJ�M �/w� %9 C . 17 OWNER OWNER 18 141 --fo H. &,q P_ L • 32ur4M6TT 19 TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE 20 (NOTARY ACKNOWLEDGMENT NEXT PAGE) 21 22 23 24 25 26 27 .OURT PAPER TATE OF CALIFORNIA TD. 113 IREV. 8.721 OSF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 8.721 OSP IV,; 99 NOTE TO NOTARY PUBLIC: If your are notarizing the signatures of anyone signing on behalf of a trust, corporation, partnership, etc., please use'the correct notary jurat' (acknowledgment) as explained in your Notary Law Book. State of California ) )SS County of S 4q D H C; o ) On this Z e D day of 1E6 I✓ m in the year a- before me PLIITF1 L - Ro3EZTSDnf a Notary Public, personally appeared 6ftQ( B P-4n niG7 -r f 9D KC4IJ_/M &RQmME7T , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to this instrument, and acknowledged that he /she /they executed it. OFFICIAL SEAL 0iti Ali Anita L. Robertson NOTARY PUBLIC - CALIFORNIA k PRINCIPAL OFFICE IN NOTARY PUBLIC IN AND FOR SAID COUNTY AND SAN DIEGO COUNTY My Commisslon Expires Merch 4. 1583 STATE ME 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. B.72! OYP -9- R V 1.00 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. pZ.`° 0 on _ 0 QembCr it I9 and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: =CL°.l'Y► +i' r, !W_ c° Ica tx A4611 AMA Gm.�A T _ California Coastal Commission STATE OF ) )Ss COUNTY OF ) On o b fore me �Gf'y! a Notary Public, personally appeared , 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 and authorized representative of the O TITLE California Coastal Commission and acknowledged to me that the California Coastal Commission executed it. Witness my hand and official seal. -• -e'er. c�� =`.� �i �-z� FAY THOMAS 9 NOTARY PUBLIC•CAI IFOPNIA CITY AND COUN'T'Y OF SAN FRANCISCO My Commission Expires Dec. 14, 1984 Notary Public in and for said County and State 0 0. r M, ^0' Cn Z M G)' O w1d M v ,^m ,!. ! /-. .v� 1 ®1 LEGAL DESCRIPTION ORDER NO. 30- 21485 -03 PARCEL "A ": Parcel 3 of Parcel Map No. 6923, filed in the Office of the County Recorder February 23, 1978. Said Parcel Map being a division of a portion of the East Half of the Southeast Quarter of Section 27, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof. PARCEL "B ": An easement and right of way for road and utility purposes over, under, along and across all that portion of Parcels 1 and 2 of said Parcel Map No. 6923, delineated and designated thereon as "Existing Easement for Public Roadway Purposes" and "Proposed 20.00 foot Private Road Easement ". Said easement is appurtenat to all or any portions of the above described Parcel "A ". Reserving therefrom an easement for sewer utility purposes over, under, along and across the Easterly and Northeasterly 10.00 feet of the above described Parcel A. Said easement is apprutenant to and for the benefit of all or any portions of Parcel 2 of said Parcel Map No. 6923. 0 r.. m N ♦v� vi ,m O C r- m� 2 V 102 EXHIBIT B Protected Land All that portion of Parcel 3 of Parcel Map 6923 filed in the Office of the County Recorder of San Diego County February 23, 1978 in the book of - parcel maps more particularly described as follows: All that land lying Northerly of the following described line: Beginning at the most northwesterly corner of said Parcel 3, said i corner being the True Point of Beginning; thence South 61019'50" East 30.00 feet; thence South. 89008 5 East, parallel with the Northerly line of said Parcel 3, 234.00 feet. T04ETHER WITH; The Easterly 60 feet of said Parcel 3 measured at right angles to the Easterly line of said Parcel. Said Easterly line bears North 0059'33" West. TOGETHER WITH: The Southerly and Southwesterly 25' of said Parcel 3 measured radially from the Southerly and Southwesterly line of said Parcel. TOGETHER WITH: Beginning at the most Northwesterly corner of said Parcel 3; thence South 89008'55" East, along the Northerly line of said Parcel 3, 113.20 feet; thence South'0000'00" West 45.00 feet; thence South 20038'37" West 57.41 feet to the True Point of Beginning; thence retracing last said course North 200381#57-11 East 30.00 feet; thence South 70019'45" West 45.00 feet; thence along the are of a 665 foot radius curve, concave Northeasterly, a radial line to the beginning of said curve bears South 23036106" West, through a central angle of 2057'29" a distance of 34.33 feet to the Point of Beginning. I 103 EXHIBIT C Public Resources 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 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, 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 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, reconstruction, demolition, or alteration of the size of any structure, including'any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg- Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. EXHIBIT D Recording Requested by and when Recorded Mail To: California Coastal Commission 631 Howard Street, 4th Floor San Francisco, California 94105 Attention: Legal Department CERTIFICATE OF ACCEPTANCE OFFER OF DEDICATION OF OPEN SPACE EASEMENT This is to certify that the Offer to Dedicate Open Space Easement executed by on , 19 and recorded on 19 in Book , Page of the Official Records in the Office of the Recorder of County. By Dated v. 104 hereby accepts For STATE OF CALIFORNIA ) COUNTY OF ) On 19 before the undersigned, a Notary Public in and for the said State, personally appeared Title known to me to be the of the , who executed the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State Page 1 of Two Pages 0 , ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION "'� " ` 10'5 This is to certify that is a public agency /private association acceptable to the Executive Director of the Commission, California Coastal Commission to be Grantee under the above described Offer to Dedication. Dated Executive Director Coastal Commission STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before the undersigned, a Notary Public in and for said State, personally appeared Name Title of the California Coastal Commission and known to me to be the person who executed the within instrument on behalf of said Commission, and acknowledged to me that such Commission executed the same. Witness my hand and official seal. Notary Public in and for said County and State Page 2 of Two Pagesi I A /S4u.::;f CdJ arnta, Edmund G. Brown Governor 106 California Coastat Commission San Diego Distnct 6154 Mission Gorge Road, Suite 220 Sin Diego, California 92120 (714) 280 6992 A'r5S 636-5868 FILED: 49th DAY:- 180th DAY: STAFF: STAFF REPORT: HEARING DATE. STAFF REPORT: CONSENT CALENDAR Application No; 6 -82 -450 October 12, 1982 November 30, 1982 April 10, 1982 PBVI : am November 4, 1982 November 16 -19, 1982 Applicant: Mr. & Mrs. Gary L. Brwmnett Agent: Planning Land Use Systems, Inc. Description; Minor subdivision of a 38,300 square foot parcel: Parcel 1 = 13,559 sq.ft.; Parcel 2 = 24,741 sq.ft. Parcel 2 will be used for two ronidential units whose construction will be the subject of a future permit. i Lot area Y' Zoning Plan designation Project density 38,300 sq.ft. RV -11 Residential 7 10.9 du /ac 3.4 du /ac Site: 2597 Montgomery Avenue, Cardiff, San Diego County. APN 261 - 191 -10 , Substantive File Document: San Dieguito Lard Use Plan (conditionally certified) STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution. I. Approval. The Commission hereby rg antis a prmit for the proposed development, subject to the conditions below, on the grounds that, as conditioned, 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 juris- diction 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. Standnxd Conditions, . See Page 3 III. Special Conditions. The permit is subject to the following conditions. I ,.va,- '147 6 -82 -450 Page 2 1. That prior to the transmittal of the coastal development permit, the applicant shall submit for the ri:view and approval in writing by the Executive Director, a site map indicating the extent of all slopes on Parcels 1 and 2 that exceed a natural slope gradient of 25 percent. wn 2. Open Space Easement. Prior to issuance of the permit( the applicant shall record irrevocable offers to dedicate to a public agency, or to a private. ♦ j' association acceptable to the Executive Director., open space easements over the area described as follows: r All undeveloped areas on both Parcels 1 and 2 (TM #17652) that exceed a natural slope yrddi.unL of 25 pa�rai,t. m Said open space easements shall prohibit any grading, land alteration or erection of structures of ary type, unless approved by the - California Coastal Commission or its successor in interest. 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 ♦vw 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 of content: acceptable to the Executive Director. IV. Findings and Declarations. The Commission find:: and declares as follows: v 1. Detaileu Project ax scri_ unison. Proposed is the subdivision of a single —1 m lot into two parcels. Parcel will be 13,559 sq.ft., and Parcel 2 will be A 24,741 sq.ft. •A sirigle-family residence currently occupies proposed Parcel 1. The subdivision is proposed in -anti cipation of the construction of a duplex 0 condominium project on Parcel 2 which will be the subject of a future permit. 2. Grading /Rteep Slopes. Section 30253(2) of the Act states: 0. New development shall assure stability and structural integrity, a and neither create nor contribute significantly to erosion, Z geologic instability, or destruction of the site or surrounding ...,� area or in any way require the construction of protective J devices that would substantially alter natural landforms• along bluffs and cl.iffs. Approximately 33% of the site of the proposed subdivision is comprised of slopes of 25% or greater.. In addition, the site of the subject parcGl is located immediately adjacent to Blanchester Avenue auu San Llijo Lagoon, The site is also located within the County of San Diego's Sonsitive Coastal Resource Area as defined by the conditionally certified Can Dieguito Land Use Plan WJP) . For these reasons, it is ossenti.al that the steep slopes (over. 25%) be maintained in their natural state so as to avoid erosion and subsequent sedimentation to the environmentally sensitive habitat area of San Elijo Lagoon. Pox this reason, the special condition has Leun proposed. This would require an open space easemont across the steep slope areas, eliminating the potenLial for any vegetation r(•moval or grading which could result in impacts to the Lagoon rosources. Thoreforo, t'he Coltunission finds that the subject proposal, a,: cunditiunud, is consistent with Section 30253(2) of the Act. Pq Y y /� p6 -82 -450 i •V u ;. V P Page 3 3. Local Coastal Planninq. Section 30604(a) requires that, prior to certification o£ the local coastal program, the Commission shall issue a coastal development permit only after it finds "that the permitted development w1_11 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 particular case such a finding can be made. As stated in the above finding, the development, as conditioned, would be in conformity with the provisions of Chapter 3 of the Coastal Act. In addition,- as stated above, the project is located within the Sensitive Coastal Resource Area of the San Dieguito LUP. The LUP contains policies regarding slope disturbance which, in effect, will be implemented by the special condition proposed above. •liierefore, the Commission finds that the subject- proposal, as conditioned, will not prejudice the ability of the County of San Diego to prepare a certifiable LCP: STANDARD CONDITIONS: I. NOUCe of Receipt and Acknowledgement. The permit is not valid and construction shall not comgt;nce unLil 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. Frj�ir�.tion, If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of time., Application for extension of the permit mu;.t be wade Prior to tile expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must by reviewed and approved by the staff and niay require Commission approval. 4. Inter retation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. 111rel ctions. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24 -Dour advance notice. . G. nssirltunent:. The permit may be assigned to any qualified person, provided assignee files with the Commission an affadavit accepting all terns and conditions of the permit. 7. Terms and Contiltionn nun with thO Land. These terms and conditions :hall. be perpetual, and it. 9:: Lime inLenLion of the Commi >.ion and the permittoo to bind all future owners and possessors of the subject property to ti,e terms and conditions. r r- M Q r ♦w V Z ^m �1 0. C M n O v M 2 N n�o IAC Cl CIRCLE'. ) SOLM41AVISM CLARI(tll PS 2-9 53.? U k, " I It; 109 0 • CA cl) 3� m 0 .0 EXHIBIT NO./ WITPLICATION NO. m o 0