1984-2841322
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II Hen Reno; pied Return to;
Califoioia Coastal Commission
s4105 Or x a3l l lo n rd treat, Fourth Fl oor R 1;0R 7L Q 1N
OFFICIAL =+ 0 � Sai = rairi sco, ;al i forni a 9 AN S i s
CiEc, couk TY.C:.
Ata:entiun: Legal Department
u fo Y- �y 1984 JUL 26 PM s: s 1
VER' L,L��} E
Y fl'-C' Kt R
.COUNT
i
IRREVOCABLE OFFER TO DEDICATE OPEN -SPACE EASEMENT �AND
DECLARATIONS OF RESTRICTIONS
THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN -SPACE EASEMENT AND
DECLARATIONS OF RESTRICTIONS (hereinafter "Offer ") is made this
(1) Narch 5 , 1984 , by (2) Manchester EstatPe_ a California
genera
partnership (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
2611 .IV. WHEREAS, Pursuant to the Act; Grantor applied to the Commission
1269!
1 coastal _zone of (4) San Diego County (hereinafter the - - -- --
2 "Permit "); and
6 -83 -610
3 WHEREAS, a coastal development permit, _No, (5) 6 -83 -314 was
4 December I3
granted on (6} July 27 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 foliowing condition:(7)
I. Permanent Open Space. The applicant shall record an irrevocable offer to
8 dedicate to a, public agency or to a private association acceptable to the
Executive Director, an open space easement over the area described as follows-;
9 That portion of Lot 26, TM 4254, between the Northern and Southern floodway
10 limits as more particularly described on Exhibit 1•B'• attached.
2. The offer shall be first made to the County of San Diego.
11 3. The document shall•include a legal description of both the applicant's
entire parcel (Exhibit A)' and the easement area (Exhibit S) and -shall prohibit
12 any alteration of land forms, placement or rergoval of vegetation, or erection
of structures of any type without Coastal permit,
13 4. Such easement offer shall be recorded free of prior liens except for tax
14 liens and free of prior encumbrances which the Executive Director determines may
affect the interest being conveyed. The offer shall run with the land in favor
15 of the people of the State of California, binding successors and assigns of -the
applicant or landowner. The offer of dedication shall be trrevocahle for a
16 period of 21 years, such period running from the date of recording,
17
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20
21
22
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24
25
261
27
SURT PAPER
MT[. or CAWFORN1A
r7. 113 4REV• 0-721
WHEREAS, the Commission, acting on behalf of the People of the
State of California and pursuant to the Act, granted the Permit to the
Grantor upon condition (hereinafter the "Condition ") .requiring inter alia
that the Grantor record a deed restriction and irrevocable offer to
dedicate an open -space 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 property and so as to prevent the adverse
i<
-
1270
1.
direct and cumulative effects on coastal resources,and public access to the -
Ycoastwhich could occur if the Property were not restricted in accordance
3
with this Offer; and
4 VII. WHEREAS, the Commission has placed the Condition on the permit,
5 because a finding must be made under Public Resources Code Section 30604(a)
r=
6 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
9 VIII. WHEREAS, Grantor has elected to comply with the Condition '
lq � ..
and execute this Offer so as to enable Grantor to undertake the development y'
11 authorized by the Permit; and
1
12 IX• WHEREAS, it is intended that this Offer is irrevocable and shall �.
13 1.
constitute enforceable restrictions within the meaning of Article XIII,
14 Section 8 of the California Constitution and that said Offer when accepted
15 shall thereby
y qualify as an enforceable restriction under the provision of
16 the California Revenue and Taxation Code, Section 402.1;
NOW THEREFORE, in consideration of the above and the mutual
18 benefit and conditi'bns set forth herein, the substantial '
public benefits
19 for the protection of coastal resources to be derived, the preservation of
20
the Property in open - space uses and the granting of the Permit to the owner' .
21 by the Commission, Grantor hereby irrevocably offers to dedicate to the
22 State of California, a political subdivision or a private association
a
23 acceptable to the Executive Director of the Commission (hereinafter, the
24 "Grantee' p p , an open-space .ace easement in gross and in perpetuity for light,
25 air, view, and for the preservation of scenic qualities over that certain � �y
26 portion of the Property specifically described in Exhibit B hereinafter
27 the Protected Land); and ,
at
:.OURT PAPER ' r
iTATX O► CALIFORNIA
a7O. 113 1a[y,.u•7SI # jr,
OMP
I
12'71:
This Offer and Declaration of Restrictions subjects the Property to
2
the following terms, conditions, and restrictions which shall be effective
from the time of recordation of this instrument.
'
4
1. USE OF PROPERTY. The use of the Protected Land shall be limited '
5
to natural open space for habitat p rotection , private recreation, and
saw
6
resource conservation uses.
r 7
No development as defined in Public Resources Code, Section 30106,
M ;
8
attached hereto as Exhibit C and incorporated herein by this reference,
`
9
including but not limited to, removal of trees and other major or native
10
vegetation, grading,, paving, or installation of structures such as signs,
11
buildings, etc, shall occur or be allowed on the Protected Land with the
12
exception of the following subject to applicable governmental regulatory!
13
requirements:
Z
14
(a) the removal of hazardous substanres'or conditions or diseased
15
plants or trees.
m
16
(b) the removal of any vegetation which constitutes or contributes to
17
afire hazard to residential use of neighboring properties, and which
18
vegetation lies within 100 feet of existing or permitted - residential
19
development;
20
.
(c) the installation or repair of underground utility lines and
21
septic systems.
22
2. RIGHT OF ENTRY. The Grantee or its agent may enter onto the
;m
23
Property to ascertain whether the use restrictions set forth above are
24
being observed at times reasonably acceptable to the Grantor.
`r
25
3. BENEFIT•AND BURDEN. This offer shall run with and burden the
r
26
Property; and all obligations, terms, conditions, and restrictions hereby
27I
imposed shall be deemed to be covenants and restrictions running with the
wr
I
2
311
18
19
20
-- - --
-5-
1272
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 Lerms 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
i
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x
t
1
1
i
I
21
breach,
22
6.
TAXES AND ASSESSMENTS. Grantor
agrees
to pay or
cause to be paid
23
all real
property taxes and assessments
levied
or assessed
against the
24
Property.
25
7.
MAINTENANCE. The Grantee shall
not be
obligated
to maintain,
26
improve,
or otherwise expend any funds in
connection
with
the Property or
271
any interest or easement created by this
Offer.
All costs
and expenses for
:OURT PAPER
or
.TAT/ GRLIFG /NIF
.TDB 113 iRHV 8.721
-
-
v
cn
i
e:
I . -6-
1273
. .1
2
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25
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2711
such maintenance, improvement use, or possession shall be borne by the, - -
Grantor, except for costs incurred by grantee for monitoring compliance
with the terms of this easement.
8. LIABILITY AND INDEMNIFICATION, This conveyance is made and
accepted upon the express condition that the Grantee, its agencies,
departments, officers, agents, and employees are to be free from all
liability and claim for damage by reason of any injury to any person or
persons, including Grantor, or property of any kind whatsoever and to
whomsoever belonging, including Grantor, from any cause or causes
whatsoever, except matters arising out of the sole negligence of the
Grantee, while in, upon, or in any way connected with the Property, Grantor
hereby covenanting and agreeing to indemnify and hold harmless the Grantee,
its agencies, departments, officer, agent, and employees from all
liability, loss, cost, and obligations on account of or arising out of such
injuries or losses however occurring. 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.
9. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions,
exceptions, obligations, and reservations contained in this Offer shall be
binding upon find inure to the benefit of the successors and assigns of both
the Grantor and the Grantee, whether voluntary or involuntary..
10. TERM. This irrevocable offer of dedication shall be binding upon
_7_ 1274
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
i
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
*�
10
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
} Z
13
duration of the term of the original Offer to Dedicate.
14
Executed on this o2 day of at r .
15
California. DATED:7�,F
is
17.
OWNER OWNER: MANCHESTER ESTATES, a California
f
1 0
18
General Partnership
By MANCHESTER JOINT VENTURE general pa
tner
19
TYPE OR PRINT NAME ABOVE
P Eja P N A E ABOVE
20
(NOTARY ACKNOWLEDGMENT NEXT PAGE) Do d P. Hubbard
�
21
Morris I. St iman
22
23
Rob5.AAst1 f d
24
// Robert D. Temp eton
` r
25
By: T RPORATI�+eneral tner
F r
By:
26
Thomas E. Kern,.President
j t
27
OURF PAPER..
r^T[ Or CALIFORNIA
rO. 113 IREV.. 8-721
-
■ F
P M , '
asp
n
L
STATE OF CALIFORNIA )
COUNTY OF , ss. °- 1275
SAN Dean
On this 27TH day of MAFCfj 19 _
a Notar o Public in ` - , before me j Gil-(
Dorris I. Ste man or said county and state, personally appeared Ona u and
basis of satisfactory evidence) to be personally known to me(or proved to me on the
PdanrhPSter joint Venture tWO of the partners of
being known to me to be one of the partners of a partnership; said partnership
P Manchester Estates
the partnership that executed the within instrument and acknowledged to me that they
executed the same as partners of the partnership first above named; that said partner-
ship executed the same as a partner of Manchester Estates
named partnership executed the same. and that said last
WITNESS my hand and official seal.
Signature
Gale S. Kavanaugh
NOTARY PU6LIC-CAI.IfpRNIA
PRINCIPAL OFFICE IN
TATS OF CALIFORNIA �
COUNTY OF ss. jr
)
On this_27a day of 19 ��, before me �jad a Notary Public in and for said county and state, personally Robrrt . Astelford and Robert D. Templeton L
basis of satisfactory evidence) to be personally known to me (or proved to me on the 'J
Manchester Joint Venture tt �t �p of the partners of
being known to me to be one of the partners of Mapncrliester ts'tdtes partnership
the partnership that executed the within instrument and acknowledged to me that they C
executed the same as partners of the partnership first above named; that said partner-
>
ship executed the same as a partner of
named partnership executed the same. Manchester Estates and that said last
G
WITNESS my hand and official seal. C
T , OFFICIAL SEAL
'N' = MAHNITA L. BOYDEN
Signature
° 8a NOTARY PUBLIC-CALIFORNIA
e -_ PRINCIPAL OFFICE IN
+c,raw.+'' SAN DIEGO COUNTY `
iviy Commission Expires July 25, 1985
STATE OF CALIFORNIA }ss
n COUNTY OFF
___��?41�(_,Dr rQQ,C-r��
On`M �{ Cf� L? - )- l.qZ -4- __ before me. the undersigned, a Notary Public In and for
5 said State, personally appeared_.:- __ZhOMaLS�-E (Ke}^n and
a
oa
personaiiy known to me (or proved to me on the basis
E of satisfactory evidence) to be the persons who executed the within instrument as
CU
m v -President anrt
a. TEK Corporation 6eeretary °nttehalfof
`o ° the corporation therein named, and acknowledged tome that said
. r orporation executed the within instrument pursuant to Its by-
10 rMllr
oQ laws ora resolution ot its boardofdirectors ,saidcorporalionbeing O"IC1ALSEAL
2 H known to me to be one of the partners of,.__
Gale S. Kavanaugh
U � NOTARY PUBLIC- CALIFOMIA
Manchester Estates PRINCIPAL OFFICE IN
the partnership that executed the within instrument, and ack- $ANOIEGOCOUNTY
nowledged to me that such corporation executed the same as MYIfi1SS10R EII/IrK Mir. Is, 1901
O such partner and that such partnership executed the same.
N
co WITNESS my hqAd and official seal.
Signatures l,a C X it JIILL � y{ti (This area for official notarial seal)
9
1276
This is to certify that the offer of dedication set forth above is
2 hereby acknowledged by the undersigned officer on behalf of the California
3 Coastal Commission pursuant to authority conferred by the California
6 -83 -610
4 Coastal Commission when it granted Coastal Development No.6-83 -314
December 13, 1983
5 on July 27, 1983 and the California Coastal Commission consents
6 to recordation thereof by its duly authorized officer.
7 Dated:
8
9 Cali ornia Coastal Commission
10 STATE OF Cfkl.IfiDfZNI�
11 )ss
12 COUNTY OF
5AN jqgAnluscd
13 On _ ^FRI(- 1 I ) tcl g4- , before me _C'iAua 'S. KAx/,AJ A ri, a
14 Notary Public, personally appeared ,, Ap y
15 personally known to me to be (or proved to me on the basis of satisfactory
16 evidence) to be the person who executed this instrument as the
17
STfscFF cDUnLsei.._ and authorized representative of the 0
Z8 TITLE
19 California Coastal Commission and acknowledged to me that the California
20 Coastal Commission executed it.
t
21 Witness my hand and official seal.
22 R1
23 orFlcuL s "Ell c
Gale S. Kavanaugh
24 NOTARY PUSUC-CALIFORNIA
PRINCIPAL OFFICE IN Notary Public. in and for said
SAN DIEGACOUNTY - 1,
My Commission Expires sr. 18, 1988.
25 -� -M- -,t". County and State T,
26
27
COURT PAPER
$TAT[ O/ Cwi.l }T` -
STD. 113 IREV.
3
LEGAL DESCRIPTION 1277'
ORYDER NO. 870018-14
Exhibit .A
Property OT-1
Perimeter Legal rr
G
That portion of Lot 4 and of the East Half of the Southeast Quarter of the
Southwest Quarter of Section 24, together with that - portion of the North Half
t and that portion of the Northwest Quarter of the Southeast Quarter of Section
25, Township 13 South, Range 4 West, San Bernardino Base and Meridian, according rn
to Official Plat thereof, described as a whole as follows;
0,
Beginning at the Northeas£ corner of said Section 25; thence along the Easterly
line thereof, South 02019'11" East, 2648.21 feet, (South 02 °48'00" East, 2647.28
feet per R.O.S. 5185), to the South line of the North Half of said Section 25;
thence along said South line North 89 °34'26" West, (North 89 °55'55" West per
R.O.S. 5928) 416.70 feet to the Northeast corner of the Northwest the
Southeast Quarter of said Section 25; thence along the East line �thereofoSouth
0 054'15" West, 627.10 feet; thence leaving said East line North 89`40'41"
1316.08 'feet to the West line of the Northwest West,
of said. Section 25 distant thereon South 0°58'277" West (South 0�26h193t Quarter
R.O.S. 592.8),
630.58 feet from the Northwest corner thereof; thence along tsaid
West line North 0 °58'27" East, (North 0 °26'19" East per R.O.S. 5928) 630.58 feet Q
to the Northwest corner of the Northwest Quarter of'the Southeast Q of
said Section 25; thence along the West line of the East Half of the North half M
of said' Section 25 North 0 °57'11" East, (North 02 -6'19" East per R.O.S. 5928),
780.00 feet; thence leaving said West line North 60059'43" East 959.35 feet, 0
(North 60 °26119" East, 959.06 per R.O.S. 6016); thence North 0 °55'51" East,
1359.75 feet (North 0 °26'19" East 1358.95 feet per R.O.S. 6016); thence South 0
60 °56118" West, 959.29 feet (South 60 °26'19" West, 959.06 feet), to a point on
the West line of the Northwest Quarter of the Northeast Quarter of said Section
25; thence along said West line North 0 °57'11" East, 512.86 feet (North 0 026'19"
East, 512.99 feet per R.O -S. 6016) to the Northwest corner thereof; thence along
the South line of said Section 24, North 89 018104" West, (North 89 040'00" West
per R.O.S. 5185), 295.36 feet; thence leaving said South line North 40 °39'20" W '
East, 203.73 feet; thence North 46 °32'17" East, 432.15 feet; thence North
61°00146" East, 108.00 feet; thence North 79 °33'55" East 253.10 feet to the
beginning of a non- tangent 5233.00 foot radius curve concave Northwesterly, a
radial line bears South 47 027102" East to said poipt; thence Northeasterly along
said curve through a central angle of 7 °43'36" a distance of 705.70 feet; thence
tangent to said curve North 34 °49'22" East, 42.87 feet to the beginning of a
tangent 925.23 foot radius curve concave Southeasterly; thence Northeasterly
along said curve through a central angle of 15 °33'57 "`a distance of 251.36 feet
to the beginning of a reverse - 336.00 foot radius curve; thence Northeasterly
along said curve through a central angle of 03 °11'46" a distance of 20.42 feet
to the North line of Lot 4 of said Section 24; thence along said North line
North 89 056106" East, (North 89 °25'38" East per R.O.S. 5185), 381.22 feet to the
Northeast corner of said Lot 4; thence along the East line thereof South ~
02 °18'34" East, 1358.03 feet, (South 02 °46'00" .?
5185) to the Point of Beginning. as , 1357.37 feet per R.O.S.
lb /bp
i�t
SDE 2548E 1278,
-
- LEGAL DESCRIPTION
THOSE PORTION'S OF GOVERNMENT LOT 4 IN SECTION 24, GOVERNI9ENT LOT
1, THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
ALL IN TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER SAID POINT BEING SOUTH 0 057111"
WEST 82.39 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH
52 024'09" EAST 859.59 FEET; THENCE NORTH 43 038102" EAST 355.92 FEET;
THENCE NORTH 21 03733" EAST 685.77 FEET TO A POINT IN THE NORTHERLY
LINE OF SAID LOT 4; THENCE EASTERLY ALONG. SAID NORTHERLY LINE
NORTH 89 056'06" EAST 347.87 FEET TO THE NORTHEAST CORNER OF SAID
LOT 4; THENCE SOUTHERLY ALONG THE EASTERLY LINE THEREOF SOUTH
2018'34" EAST 1358.03 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1 SOUTH
2 019'11" EAST 260.71 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH
40049'31" WEST 244.56 FEET TO THE BEGINNING OF A NON- TANGENT 214.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID
CURVE BEARS NORTH 22 °57'05" WEST; THENCE SOUTHWESTERLY ALONG SAID
CURVE 167.20 FEET THROUGH A CENTRAL ANGLE OF 44 045'57 "; THENCE
NON- TANGENT TO SAID CURVE SOUTH 64 043'30" WEST 187.59 FEET; THENCE
SOUTH 39 021'28" WEST 199.95 FEET; THENCE SOUTH 48 °31'38" WEST 274.61
FEET; THENCE NORTH 0 °55151" EAST 950.70 FEET; THENCE SOUTH 60 °56'18"
WEST 959.29 FEET; THENCE NORTH 0 °57111" EAST 430.47 FEET TO THE
POINT OF BEGINNING.
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3MBES.68N� OOZSL BO , 9E
—71, 01 9So69Ni I O �
1280
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 m`
materials; change in the density or intensity of use of land,
including, but not limited to, subdivision pursuant to the Subdivision 0
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 connectidn 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, t
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 z
pursuant to the provisions of the Z'berg- Nejedly forest Practice Act
of 1973 (commencing-with Section 4511). Q -
` As used in this section, "structure" includes, but is not limited M
to, any building, road, pipe, flume, conduit, siphon, aqueduct, `
telephone line, and electrical power transmission and distribution
line. 4
,
F MBIT D
CALIFORNIA COASTAL+ COMQbN
631 Howard Street, San Francisco 94105 —(415) 543 -8555
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CALIFORNIA COASTAL COMMISSION
631 HOWARD STREET, FOURTH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
ATTENTION: LEGAL DEPARTMENT
CERTIFICATE OF ACCEPTANCE
1282
ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION 1
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.
e
Dated Executive Director m
Coastal Commission
STATE OF CALIFORNIA .i
• z�
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 ra
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.`
Not Vublic in and for said t
r
r.
County and State
Page 2 of Two Pages t
•
1283
'State of California, �aiw � $roatiaJ'r Date August 2, 1983
George JcuxmGiian, Governor
California Coastal Commission Application No. 6- 83 -3i4
San Diego District
6154 Mission Gorge Road, Suite 220
San Diego California 92120
(714) 280.6992
ATSS636.5868,
NOTICE OF INTENT
TO ISSUE PERMIT
".
On J?'
app ication o
the California Coastal Commission approved the -
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subject to the attache Stan ar and special on itions, or the deve op.ment
described below:
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Description:
26 unit estate subdivision including 25 custom single- family
home sites (each 2.9
acres net), and Lot 26 as a residential
site and
open space (51.5 acres gross). Project includes
approximately 3500 cubic yards balanced grading for internal
access
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roads and associated improvements and landscaping, i
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Lot area 127 acres.}'
Building coverage 0
Pavement coverage 128,800 sq.ft.( Z %)
.Landscape coverage 20,000 sq.ft.( 1)
Parking
Mw
spaces 0.
Zoning RR5, A70
Plan designation
Estate l du /2 & 4 acres;
Impact Sensitive
Project density 1 du /2.9 acres
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Site:
West of E1 Camino Real, southeast of .Manchester Avenue,
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adjacent to and east of San Elijo Lagoon, Ecological
Reserve and Regionaf
Park. APNs 2627072 -02; 262- 070 -78,
79, portion of 76 & 77, 262- 061 -71 & 72 (portion)
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Application fro. 6 -83 -314
STANDARD CONDITIONS;
I, Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence unti a copy of the permit, signed by m
the permittee or authorized agent, acknowledging receipt of the permit"''
and acceptance of the terms and conditions, is returned to the Commission
office.
2. Exoirati on. If developmen: has not commenced,. the permit will expire
two years from the date or 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. of the permit must
be made prior to he expiration date."
3. Compliance. All development .must occur in strict compliance with the
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proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must `
be reviewed and approved by the staff and may require Commission approval.
4. Inter retation. Any questions _of intent or interpretation of any condition rn
will be reso ved by the Executive_Director or the Commission."
5. Inspections. The Commission staff shall be allowed to inspect the site and
the development daring construction, subject to 24- hour advance notice.
6. Assignment. The permit may be assigned to an
p y g y qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit. Z.
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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SPECIAL CONDITIONS: 1
1. Permanent Open Space.. Prior to issuance of the permit, the applicant f.
shall record an irrevocable offer to dedicate to a public agency, or to a private r
association acceptable to the Executive Director, an open space easement over the
area described as follows:
That portion of Lot 26 between the northern and southern floodway limits, j
as shown on County of San Diego Tentative Map 44254 and Exhibit A attached. €'rn
The offer shall first be made to the County of San Diego. The document shall
include legal descriptions of both the applicant's entire parcel and the easement
areas and shall prohibit an '
-- p y alteration of landformsy, placement or removal of
vegetation., or erection of structures of any type,
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NOTICE CF INTENT TO ISSUE PEMIT, Page 3 of 7
1285
Applica'tion.No. 6 -83 -314
SPECIAL CONDITIONS continued:
Such easement shall be recorded free of prior liens except for tax
liens and•free of prior encumbrances which the Executive Director determines
may effect the interest being conveyed. The offer shall run with the•iand in
favor of the People of the State of California, binding successors and assigns
of the applicant or landowner. The offer of dedication shall be irrevocable
for a pertod•of 21 years, such period running from the date of recording.
2. Drainage and Runoff Control The applicant shall` comply with the
following conditions related to drainage and runoff control:
A. Prior to issuance-of the permit, the applicant shall submit
final drainage and runoff control plans designed by a licensed
engineer qualified in hydrology and hydraulics, which would
assure no increase in peak runoff rate from the fully developed
site over runoff that would occur from the existing undeveloped
site as a result of the greatest intensity of rainfall expected
during a six -hour period once every 10 years (10 year six -hour
rainstorm).
j Said plans shall *be accompanie4_by a hydrology study which
indicates drainage patterns ancr- peak runoff rates (volume and
velocity) for the existing undeveloped site and the projected {
developed site (including streets and 25 homes) for 10 year
and 100 year rainstorms. The points of 'discharge of water
shall 'be designed to .eliminate potential for erosion downstream
and off -site through use of retention basins and energy
dissipators or other acceptable means, including easements end
off -site improvements. The runoff control plan and hydro Lxy
study with supporting calculations shall-be submitted to anei
determined adequate in writing by the Executive Director..
3. Gr_adina and Erosion Control. The applicant shall comply with the
following regarding grading and erosion control:
A. Prior to issuance of the permit, the applicant shall submit \;
final grading and improvement plans for the proposed project.
In addition to plans for the streets and associated improvements,
said plans shall include potential development plans for proposed
Lots 17 and 22. Said plans shall indicate that these proposed
lots can be developed to accommodate the proposed sewer line: and
potential drainage and erosion control devices utilizing contour°
grading with minimal cut and fill, or to the satisfaction of the r
Executive Director.
If deemed appropriate by the Executive Director, the submitted w
site development plans, or certain 'aspects thereof, shall become,'
a part of the proposed project, to be implemented at time of
residential construction ."-'-,Assurance of this can be provided
through lot development restrictions as provided in the following.
condition #9. If Lot 17 and /or 22 cannpt be developed to the ��*1
satisfaction of the Executive Director, a revised tentative map ,p
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SPECIAL CONDITIONS - continued:
B. Grading activity shall be prohibited during the rainy
season; from October 1st to April •1st of any. year.
C. All graded areas shall be hydroseeded prior to October 1st
with either temporary or permanent landscape materials.
Landscaping shall be maintained and replanted if not estab-
lished by December 1st.
D. Grading plans shall indicate staking or fencinc of
open space areas during construction and shall specifically .
prohibit .running or parking earthmoving equipment, stockpiling
of earthwork material, or other disturbances withir the open
space areas.
E. Any necessary temporary or permanent erosion control
devices shall be developed and installed prior to any on- or
off -site grading activities, or, concurrent with grading,
provided all devices are installed and operating prior to
October 1st, and installation is assured through bonding or
other acceptable means.
F. Arrangements for maintenance of the drainage improvements.
shall be secured to the satisfactian.of the Executive Director,'
prior to issuance of this permit..'If said improvements are not
to;be'accepted and maintained by a public agency, the
responsibility shall be -=bat of the homeowners association or
owner until a homeowners association is formed and detailed
maintenance agreements including provisions for.financing the
maintenance through bondir}g or other acceptable means shall be
secured prior to issuance of the ?ermit. Maintenance sha11'be
addressed as a part of the drainaga and runoff control plan .
required above. The plan shall discuss maintenance costs and.
such costs shall be certified as a best effort at obtaining
accurate figures.
4. Sewer Line. Prior to issuance of this permit, the applicant shalt
submit to the Executive Director detailed plans and specifications prepared by
a licensed engineer for the proposed sewer line, which have been reviewed and
approved by the Cardiff Sanitation. District and the County of San Diego. Said
plans shall be accompanied by an environmental study which addresses the potential r
impact of the sewer line on the hydrology and riparian habitat within the f cod- ?
plain of Escondido Creek and downstream San Elijo Lagoon. Said study shall also r
recommend and plan incorporate the appropriate schedule of installation based on Y'
the hydrology of•the area. r
Prior to the issuance of the permit-, a representative from the Department
of Fish and Game, along with the applicant's engineer, shall survey the proposed
alignment of the sewer line to identify any endangered or significant plants
species to assure minimal disturbance of any riparian habitat. Completion and z"f
results of the survey shall be documented in writing to the Executive Director.
-•• as ,- eRn�� �n ;Aorr;f; cation• or possible relocation of pant materials'
NO • TICE•OF INTENT TO ISSUE PERMIT, Page 5 of 7
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Application No.
SPECIAL CONDITIONS - continued:
extent feasible. No imported fill shall be permitted.
Said environmental study prepared by a qualified engineer shall also
address the Potential for flooding and rupture of the proposed sewer line,
include specific recommendations for appropriate design techniques to provide
adequate protection against flooding and rupture, specifically addressing that
portion of pipe which spans the creek channel. The plans shall incorporate the
recommendations contained in the report and be accompanied by certification
from the project engineer that the sewer main is designed to withstand the
potential imp,3ct of the projected 100 -year flood.
5. Access Road. Prior to issuance of the permit, the applicant shall submit
final improvement plans for the access road off Ei Camino Real which indicate minimal
encroachment into and filling of the floodplain and preservation of existing riparian
vegetation to'the degree feasible. Said plan shall indicate existing. trees located
on the south side of the streambed which are to remain. One eucalyptus tree, as'
shown on the TM within the roadway alignment, may be removed. Landscaping along the
road right -of -way, within and adjacent to the floodplain shall be subject tb approval
by the Executive Director in consultation with the Departmentof Fish and Game.
6. Fish and Game Review. Prior to:issuance of the permit, the applicant:
E. shall submit either a 1600 series permit -for streambed alteration or exemption
from the State Department of Fish and Game.
7. Landscaping. Prior to issuance :of the permit, a detailed landscape
plan for-the entranceway, the proposed cut.and fill slopes, the street right-of-
ways and the perimeter of t'ie residential portion of the project shall be
submitted to, reviewed and determined adequate in writing by the Executive
Director. Said plan shall indicate the type, size, extent and location of plant
materials, the proposed irrigation system and other landscape features.
Native plant materials shall be utilized to the maximum extent feasible.
Additionally, all cut and fill slopes shall be protected from future street and
surface runoff through the construction of lined brow ditches oe other suitable
means of intercepting runoff. Graded areas shall be hydroseeded i.n.aacordance
with condition #3. Perimeter and right -of -way trees shall be planted by the
applicant upon completion of construction approved pursuant to this permit.
8. CC &R's. The following provisions shall be :included in.the covenants,
conditions and restrictions of the subdivision:
A. A separate coastal development permit, from the Commission
or its successor in interest, is required for construction of
each single family home within this subdivision.
CA
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NOTICE Of 'INTENT TO ISSUE PERMIT, Page 6 of 7
'Fpplication No. 6 -83 -314
SPECIAL CONDITIONS continued:
B. Site development shall respond to the natural landforms to the
maximum degree feasible utilizing contour grading and /or pole con-
struction and minimizing manufactured building pads. Grading and
drainage improvement plans for construction of the residences shall
be designed by a licensed engineer in accordance with County of San
Diego standards.
C. The :maximum height of any building above adjacent natural
grade shall be 35 feet.
D. Maintenance of the erosion control devices shall be the
responsibility of the homeowner's association if not accepted
by a public agency. Detailed maintenance arrangements and
financing shall be outlined.
E. Exterior colors and materials of all structures shall respond
to the colors of the native environment.
F. Landscaping shall be maintained in accordance with the
approved plans (on file in the Commission office).
A copy of the CC&R's incorporating the above provisions shall be submitted to the
Executive Director for review and approval concurrent with recordation of the
final map.
9. Lot Development Restrictions. Prior to or concurrent with recordation
of the final map, the applicant shall record the following restrictions, on each
individual parcel specified, to run with the land free of prior encumbrances,
except for tax liens, and in a manner approved by the Executive Director:
A. (Lots 5, 6, 7 8 and 9). No grading or erection of any structures
shall occur on slopes of greater than 25% grade except that filling of
the eroded gulleys shall be permitted for the purpose of landscaping
and erosion control.
B. (Lots 9, 10, 11, 12, 15 and 16).No grading or erection cf any
structures shall occur on naturally _vegetated slopes of greater than
25% grade, except for the minimal amount necessary to access the site.
10. Archaeology. The applicant shall comply with the appropriate salvage
program or preservation plan required by the County of San Diego to protect the
archaeological resources which are known to exist on the subject site.
11, State Lands commission Review. Prior to issuance of the coastal
development permit, permittee shall obtain a written determination from the
State Lands_ comriission that:
A. No State Lands are involved in the development, or
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NOTICE OF INTENT TO ISSUE PERMIT, Page •7 of , }. 1289,
_
Application No 6 -83 -314
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SPECIAL CONDITIONS - continued;
C. State Lands may be involved in the development, but pending
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final determination an agreement has been made with the State
Lands Commission for the project to proceed without prejudice to
that cetermination.
12.
Waivez of Liability. Prior to the issuance of a. coastal permit, the
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applicant shall submit to the Executive Director a deed restriction for recording,
free of prior ]dens except, for tax liens, that'binds the applicant and any
successors in interest. The form and content of the deed resLrictz.on shall be
subject to the review and approval of the Executive Director, The deed restriction
shall be recorded against the land area containing the portion of the property
,
involving construction within or adjacent to the flopdplain, i.e., for the sewer
.
line'and access road. The deed restriction shall provide (a). that the applicants
understand tha: the site may be subject to extraordinary hazard from flooding
during storms ind from erosion, and the applicants assume the liability from those
hazards; (b) tie applicants unconditionally waive any claim of liability on the
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part of the Co•vnission or any other regulatory agency for any damage from such
hazards; and (:) the applicants understand that construction in the face of these
known hazards aay pake them ineligible for public disaster funds or loans for
repair, replac:ment, or rehabilitation czf the property in the event of. storms.
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13. Open Space. Prior to issuance of this permit, the applicant shall record
a deed ):estric.ion in a form and content'; acceptable to the Executive Director, which
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prohibits any alteration of landforms, placement or removal of vegetation, or erection
of structures )£ any type unless approved by the Coastal Commission or its successor
in interest in the area described as follows;
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::fiat po:tion of Lot 26 between the northern floodway limit and the
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norther;c subdivision boundary as shown on County of San Diego TM #4254
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and Exh:.bit B attached.
and
Buffer ,;ores 100 feet in width parallel and adjacent to the southern,
western and northern property lines and a buffer zone 50 feet in width
paralle_ and adjacent to the southern floodway limit on Lots 25 and 26,
as show.. cn TM #4254 and Exhibit C attached.
Such restriction shall be recorded to run with the land, free of prior liens and
encumbrances,. !xcept'tax .'.iens which in the opinion of the Executive Director,
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would adversel, affect the intent of the restriction.
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SEC. 25 PER R OF S 9416. tal�iOlTiCN NC, 13