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JRT PAPER
R ov caurOa.ua
••Ti,
91•
RECORM REQUEST OR
FIRST AMERICAN TITLE CO.
AND'RETURN T0:
California Coastal Commission
631 Howard Street, Fourth Floor
San Francisco, California 94105
1623 go 1 8 3
F p;.(
7 t I _
90 MAR 20 PH 3100
DEED RESTRICTION
I. WHEREAS, San E1ijo Joint Powers Authority
hereinafter referred to as the 11Owner(s)," is /are
the record owners) of the following real property:
See Exhibit B
hereinafter referred to as the "Property;" and
lx. WHEREAS, the California Coastal Commission, hereinafter referred
to as the "Commission," is acting on behalf of the People of the State of
California; and
III. WHEREAS, the subject property is located within the, coastal
zone as defined in §30103 of the California Public Resources Code, hereinafter
referred to as the "Public Resources Code;" and
IV. WHEREAS, pursuant to the California Coastal Act of 1976, the Owner
applied to the Commission for a coastal development permit on the Property
described above; and
V. WHEREAS, coastal development permit number 6-89-284_, hereinafter
referred to as the "Permit," was granted on December 13 , 1989 , by
the Commission in accordance with the provision of the Staff Recommendation
and findings, attached hereto as EXHIBIT A and herein incorporated by
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reference; and
VI. WHEREAS. the Permit was subject to the terms and conditions
including, but not limitad to, the following condition(s):
I See Exhibit C.
VII. WMREAS, the Commission found that but for the imposition of the
above condition(s) the proposed development could not be found consistent
With the provisions of the California Coastal Act of 1976 and that a permit
could therefore not have been granted; and
VIII. WHEREAS, Owner has elected to comply With the condirion(s)
imposed by the Permit and execute this Deed Restriction so as to enable
Owner to undertake the development authorized by the Permit.
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PAMM
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, TMWORZ, in consideration of the granting of the •Parmi t to the
Owner by the Commission, the amer hereby irrevocably covenants vi.th the
C®mmission that there be and hereby is created the following restrictions
an the use and enjoyment of said Property, to be attached to and become a
Part of the deed to the property.
1. COPl1QAAT COMMON AND RESTRICTION. The undersigned Owner,
for himself/herself and for hislher heirs, assigns, and succesaors in
interest, covenants and agrees that:
Any alteration of landforms, removal of vegetation or the erection of
structures of any type in the area shown in concept on maps attached
hereto as Exhibits D, E and F and incorporated herein by reference, and
otherwise described as the naturally vegetated slopes of 25% grade or
greater (Exhibit E), the riparian and wetland vegetation (Exhibit D) and
buffer zone (Exhibit F) is prohibited.
I- UTITION. Said Deed Restriction shall remain in full forts
and offset during the period that said permit, or any modification or
amendment thereof remains effective, and during the period that the
development authorized by the Permit or any modification of said development,
remains in existence in or upon Any part of, and thereby conferr benefit
upon, the Property described herein, and shall bind Owner and all his /her
assigns QT successors in interest.
3. TABS AND ASSESSMMS. It is intended that this Dead
Restriction is irrevocable and shall constitute an enforceable restriction
vithin the meaning of a) Article 31II, $8, of the California Constitution;
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YURT PAPER
.Tt O� C�LI�aaM1L
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and b) A02.1 of the California Revenue and Taxation Code or successor
statute. Furthermore] this Deed Restriction shall be deemed to constitute
a servitude upon and burden to the Property within the meaning of 1:112(d)
of the California Revenue and Taxation Code, or successor statute, which
survives a sale of tax - deeded property.
fit. RIGHT OF ENTRY. The Commission or its respective agent may
enter onto the Property at times reasonably acceptable to the Owner to
ascertain whether the use restrictions not forth above are being observed.
5. REMEDIES. Any act, conveyance, contract, or authorization
by the Owner whether written or oral which uses or would cause to be used
or Would permit use of the Property contrary to the terms of this Deed
Restriction will be deemed a violation and a breach hereof. The.Commission
and the Owner may pursue any and all available legal and /or equitable remedies
to enforce the terms and conditions of this Deed Restriction. In the event
of a breach, any forbearance on the part of either party to enforce the
terms and provisions hereof shall not be deemed a waiver of enforcement
rights regarding any subsequent breach.
6- SEVEIABILITY. 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.
Dated. 'l A-a-. 19
SIGNED• SIGNED:
PRINT OR TYPE Nk4E OF ABOVE
San Elijo Joint Powers Authority
* + NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE
-4-
PRINT OR TYPE NAME OF ABOVE
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� vRrvnn � � nl Al \V ►'� Li:LlUlYlGl7 l
State of California
SS.
County of . AA) .Dina
A � : r . • F
... ...... .........................
....••
.•
CAL-24
On this the / " _may of— AWRWRY 19-f6-- before me,
ZZ1LF.rF�ii AG'.t�s0� •
the undersigned Notary Public, personally appeared :
•
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(M who executed the within instrument as
CaLilA or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS y hancLand official seal. •
Notary's Signature
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* • NOTE TO NOTARY PUBLIC •
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If any party signing the deed restriction is signing on behalf of a corporation
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public agency, partnership, etc. please use the proper notary acknowledgement
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form as explained in your Notary Public Law Book.
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STATE OF )
)aa
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COUNTY OF )
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On this day of , in the year 19 , before
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we , a Notary Public, personally appeared
personally known to me, or proved to me
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on the basis of satisfactory evidence, to be the person whose name is
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subscribed to this instrument, and acknowledged to aye that he/she executed it.
WITNESS my hand and official seal.
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NOTARY PUBLIC IN AND FOR —�
SAID COUNTY AND STATE
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STATE OF )
)ss
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COUNTY OF )
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On this day of in the year 19
me a Notary Public, personally appeared
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personally known to me, or proved to me on
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the basis of satisfactory evidence, to be the person whose name is subscribed
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to this instrument, and acknowledged to me that he/she executed it.
WITNESS my hand and official seal.
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NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
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This is to certify that the deed restriction 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 Permit No. 6 -89 -284
an Aecember_13, 1989 and the California Coastal Commission consents to
recordation thereof by its duly authorized officer.
Dated: f`t�'Lt"..,�4 �,1�: z q„!/�
Bowers, Staff Counsel
California Coastal Commission
STATE OF California )
)ss
COUNTY OF San Francisco )
On this day of March , in the year 1990 , before
me Deborah L. Bove a Notary Public, personally appeared
t
John Bowers personally known to me (or proved to me on
the basis of satisfactory evidence) to he the person who executed this
instrument as Staff Counsel of the California Coastal Commission and
acknowledged to me that the California Coastal. Commission executed it.
Order: 80313
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DEGO�All L COVI Yl
hOSA "Y f'L'�LIC•C .L'rOn A �
%'il NOTARY PUBLIC FOR SAID STATE AND COUNTY
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i*• ._ +-7- : - W- a r•r�s�.:m ,..sue a.,.�. , _- _
• CALIFORPJXA COASTAL COMMISSION 1630 W
San Diugo Coast Area
1333 Camino Dal Rio South, Suite 125
Gan Diego, CA 93108 -3320
(619) 297 --9740
EXHIBIT A
Filed:
10/02/60
49th Day:
11/19/89
180th Day:
03/31/90
Staff:
MJM -SD /68
Ctaff 'Report:
11/01/88
Roaring Date:
12/12 -15 /B9
REGULAR CA •NDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6 -09 -284
Applicant: Sari Elijo Joint powers Authority (San Elijo Water Pollution
Control Facility) Agent: Robert J. Warren, P.E.
Description: Demolition of the chemical handling facility, maintenance
building, sludge dewatering s1;►•uctur•e a%nd construction of a Facility to
provide full secondary treatment and to expand the plant capacity to 5.25 MGO
which includes the construction of a grit pump station; three primary
sadinientation basins; four parallel secondary sedimentation basins; two flow
aqualiration facilities; effluent pump station modifications; two additional
digesters; two mechanical belt /filter presses for dewatering sludge; two
dissolved air flotation units, aeration basins and associatod buildings to
enclose the above described processing facilities, and miscellaneous site work
including paving /parking improvements.
Lot Area:
Building Coverage:
Pavement Coverage:
Landscape Coverage:
Unimproved Area:
Parking spaces;
Zoning:
Plan Designation:
Ht. abv fin grade:
28.0
acres
7,5
acres
(27x)
2.0
acres
(07x)
5.0
acres
(18x),
13.5
acres
(48x)
18
Publie /Semi - public
Public /Semi - public
30.0 feet
Site: 2695 Manchestor Avenue, Cardiff, Encinitas, San Diego County (APN
261- 010 -13)
SUMMARY OF STAFF RECOMMENDATION:
The proposed project is for the construction of a wastewater facility which is
to provide secondary treatment and is expand the capacity of the facility to
5.25 MGD, The existing facility is only capable of primary treatment. The
applicant is c ntl opQrating_ under a Regional Water Quality Control Board
Cease and - 9,y�,.0_ o__r 5t &gg �s recommending approval of the-
proposed' -�-
pF651iact with conditions requiring redesign to eliminate impacts on the
freshwater and saltwater marsh, and riparian vegetation; provision of a 50 ft.
buffer; recordation of an open space deed restriction on 25% slopes; submittal
of final grading, drainage and runoff control plans; and submittal of
landscape plans upon roview by the City of Encinitas.
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App. No. 6 -f9 -264 (Stan Elijo Joint Powers Authority)
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3ubstantivo File Documents; Cnvironmental Impact Report (EIR) - San Elijo
Water pollution Control Facility Improvements (Draft April, 1988) prepared by
Harris & Associates and K -S, Dunbar & Associates. final Supplement EIR - San
Elijo Water pollution Control Facility Improvements (July di 1988) prepared by
Harris & Associates and R.S, 13unbar & Associates. Ceotuchnical Investigation
- Sian Clijo Water Pollution Control Facility, prepared by Ninyo & Moore (March
8, 1909) .
s,rAFF RECOMENDAT10N:
The staff recommends the Commission adopt the following resolution;
I. Approval with Conditii2na�
The Commission hereby rgants a permit for the proposed development, subject to
th? conditions below, on the grounds that the development will be in
conformity with the provisions of Chapter 3 of the California Coastal Act of
1976, will not prejudice the ability of the local government having
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 adver's.e impacts on the environment within the meaning of the
California Environmental quality Act.
I;, Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
f. Revised project Plans /Habitat Impacts. Prior to the issuance of the
coastal development permit, the permitteo shall submit for Executive Director
review and approval, revised final project plans. The revised plans shall
eliminate encroachment associated with construction of the flow equalization
basin, into the mapped riparian and wetland vegetation shown on attached
Exhibit 3, and shall provide a minimum 50 ft. buffer between the proposed
equalization basin and the existing sensitive vegetation. Installation/
replacement of the 24 inch storm drain line shall be permitted within the
required buffer zone and in areas not containing the sensitive vegetation
identified above; however, the revised plans shall indicate the method of
installation, construction schedule, and alignment designed to be the least
disruptive of existing vegetation. Revegetation of disturbed areas is also
required pursuant to Special Condition #4.
2. Drainage and Run -off Control Plan. Prior to commencement of
construction, the applicant shall submit to the Executive Director for review
and written approval, final drainage and runoff control plans designed by a
licensed engineer qualified in hydrology and hydraulics, and in substantial
conformance with the submitted preliminary plans. The final plans shall
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a ''! App, No. 6 -89-784 (Son Elijo 3oint Powers Auoority)
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assure no increase in peak runoff rate from the developed site over runoff
that would occur from the existing undeveloped site, as a result of a ten-year
frequency storm over a six -hour duration (10 year, 6 hour rainstorm). Runoff
control shall be accomplished by such means as on -site datention /dssilting
basins, Energy dissipating measures and oil /sediment traps at the terminus of
outflow drains shall be constructed. The oil /sediment traps shall be cleaned
of accumulated oil and sediment at least once a year, but definitely after the
first inch of rainfall in order to ensure good water quality before dispersing
the water into the drainage channel iAnd ultimately the lagoon.
3, Gradina Restrictions. Prior to the issuance of the coastal
development permit, the permittee shall submit for Executive Director review
and approval, grading plans which shall incorporate the following:
(a) Grading activity shall be prohibited during the rainy season from
October 1st to April let of each year.
(b) All graded areas shall be landscaped prior to October 1st of each
year with either temporary or permanent landscaping materials, to reduce
erosion potential. Such larzdscaping shall be maintained and replanted if not
well- established by December 1st following the initial planting.
(c) All permanent erosion control devices shall be developed and
installed concurrent with or prior to any on -site grading activities.
(d) Sandbags, gravelbags and temporary drainage basins shrill be installed
along all fill slopes in order to protect San Elijo Lagoon from sedimentation
during grading and construction operations.
4. Erosion Control Reve etation Plan. Prior to the issuance of the
coastal development permit, the applicant shall submit a detailed revegetation
plan indicating thin type, size, extent and location of all plant materials,
any proposed irrigation system and other landscape features to revegetate all
disturbed or manufactured slope areas, including the slopes of the proposed
basins. Drought tolerant native plants compatible with adjacent natural
vegetation shall be utilized to the maximum extent feasible to re- establish
the area consistent with the present natural character. Said plan shall be
submitted to, reviewed by and approved in writing by the Executive Director,
in consultation with the Department of Fish and Game.
5. Landscaping Plain. Prior to the issuance of the coastal development
permit, the permittee shall submit for Executive Director reviow and approval,
a copy of the approved resolution from the San Elijo :Joint Powers Authority
Board of Directors, authorizing inclusion of the landscape improvements in the
proposed project and evidence, to the satisfaction of the Executive Director,
that funding will be provided for such landscape improvements.
Concurrent with review by the City of Encinitas Citizen Advisory Board, the
applicant shall submit detailed landscape plans accompanied by site lines of
the project site taken from tho adjacent, Vistat Point on I -5. Said plans shall
indicate the type, size, extent and location of all plant materials, the
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App. No. 6 -84 -204 (San Elijo Joint Powers Authority)
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proposed irrigation system and other landscape features. Drought tolerant
native or naturalizing plant materials shall be utilized to the maximum extent
Peasible. Special emphasis shall be placed on screening the proposed
facilities from views from the Vista point on I -5. Said plan shall be
submitted to, reviewed and approved in writing by the Executive Director, in
consultation with the Dept. of Fish and Game, to avoid species inherently
noxious to the adjacent environmentally sensitive habitat areas.
Building MaterWs, P o ss of th "pobtail development
p Cmir the applicant shall submit in,al buildin plans which include �ai 'color
scheme for the project facilities which blends with the surrounding natural
vegetated areas and existing improvements. Said plans shall also be
acceptable to the City of Encinitas Design review Board.
Q Archaoologv. The permittee shall comply with the archaeological
mitigation measures identified in the certified Environmental Impact Report.
Any changes to the mitigation measures shall be promptly reported to the
Executivo Director.
[1 den y ace peed Restriction, rior thp, Jgly nce of the coastal
dev#122m_nt�vaarmit, the applicant shall record a restriction aga�` hsCEhe
subject property, free of all prior liens and encumbrances, except for tax
liens, and binding on the permittee's successors in interest and any
subsequent purchasers of any portion of the real property. The restriction
shall prohibit any alteration of landforms, remoual of vegetation or the
erection of structures of any type in the area shown on the attached Exhibit
"6 ", and otherwise described as the naturally vegetated slopes of 257E grade or
greater, and tho riparian and wetland vegetation and 50 ft, buffer, zone
approved pursuant to the revised plans roquired in Special Condition Ell of
this permit. The recording document shall include legal descriptions of both
the applicant's entire parcel(s) and the restricted area, and shall be in a
form and content acceptable to the Executive Director. Evidence of
recordation of such restriction shall be subject to the review and written
approval of the Executive Director,
IV. FINDINGS AND DECLARATIONS,
The Commission finds and declares as follows:
I. Project Description, The proposed project is for the demolition of
several facilities at the existing plant including the chemical handling
facility, maintenance building and sludge dewatering structure, and for the
construction of a facility which will provide full secondary treatment
facilities. To provide secondary treatment and to expand the plant to 5.25
million gallon /day (MGD) capacity, the following improvements to the facilii;y
are proposed: construction of a grit pump station; three primary
sedimentation basins; four parallel secondary sedimentation basins; two flow
equalization facilities; effluent pump station modifications; two additional
digesters; two mechanical belt /filter presses for dewatering sludge; two
dissolved air flotation units and associate building to house the above
described processing facilities, aeration basins and miscellaneous site work
including paving and parking improvementa.
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.'� App. No. 6 -69 -284 (San Elijo Joint Powers Authority)
P1494 5
In order to accommodate all of the facilities proposed at the project site,
the applicants propose to grade approximately 69,550 cu, yds. of material at
the project site. Approximately 45,525 cu. yds. of the graded material will
be used as a base for the construction of the facilities with the remainder of
the material to be stockpiled at the northern portion of the site. The
applicants are aware that use of any off -site location for disposal of spoils,
If within the coastal zone, would require a separate coastal development
permit.
The 28-acre project site is located in the community of Cardiff --by-the -Sea,
within the City of Encinitas, San Diego County. The project site is bounded
by Interstate 5 (I -5) on the east; by vacant land zoned for residential uses
to the north; by residential development on the west, and by Manchester Avenue
and then the San Elijo Lagoon to the south. The project site is located
within a tributary canyon to the San Elijo Lagoon and is characterized by a
relatively flat bottom canyon with a steep natural slope rising above the
Canyon on the west side, A concrete flood control channel extends the length
of the site in a north -south direction and carries drainage from the site,
from the area north and east of Birmingham Avenue and f rom I -5 to the San
Elijo Lagoon.
Other constraints affecting project development include several utility
easements which cross through the site: the San Dieguito Irrigation District
has a 25- -foot wide easement crossing the site in a north -south direction; the
San Diego Gas and Electric Company has a 20 foot easement crossing the middle
of the site in a east -west direction; and Caltrans has acquired an easement
for a vista point located in the eastern corner of the site. The existing
facilities, including access roads, buildings, and drainage structures now
cover approximately 25% of the project site. With the proposed Facilities,
approximately 50% of the project site will be covered.
The San Elijo Joint Powers Authority (JPA) provides wastewater treatment
service to the residents of the Cardiff Sanitation District, the Solana Beach
Sanitation District, and parts of the Rancho Santa Fe community Services
District, The axisting advanced primary treatment facility has a rated
average daily wastewater capacity of 3.7 Million Gallons /Day (MGD) The
present flow is about 3.0 MGD. The treated effluent is discharged to the
Pacific Ocean through a 11,500 foot outfall at a depth of 155 feet. With
completion of the proposed project, the secondary treatment facility will have
an average daily wastewater capacity of 5.25 MGD.
Improvements to the wastewater outfall are proposed, and it is presently in
the CEQA review process. The proposed outfall improvements are not associated
with this project, but is being pursued by the City of Escondido. The
applicants are allocated 21% of the outfall capacity, and the project
improvements will be accommodated by their 21% share. The outfall
improvements are separate from the facilities proposed with this project.
The proposed project improvements are in response to the California Regional
Water Quality Control Board (RWQCB), San Diego Region Amendment No. 1 to Order
No. 81 -12 (NPDES No. CA0107999) which requires the construction of secondary
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Page 6
treatment facilities on or before July 1, 1908. Because JPA has not yet
complied with the order, they are technically in violatior, of its discharge
roquirements and the RWQCB subsequently issued a Cease and Desist Order, The
order requires that the design of the facilities be completed by mid -19ee and
that the expanded facilities be in operation by 1991.
Planning for the plant expansion started in June, 1904 through preparation of
a planning study which was completed in 3une, 1985. An engineering study was
not conducted at that time due to several uncertainties which existed at the
time of preparation of the planning study, The Cities of Solana Beach and
Encinitas had not yet incorporated which meant that it was difficult to "size"
the plant beca+ase land use planning designations had not been formulated or
delineated for the two cities, Most of the uncertainties have since been
resolved and the JPA has moved forward with its project proposal and plans to
have the facility in operation by 2991. An Environmental Impact Report (EIR)
was also completed and adopted by the applicant,
2, Growth Inducing Impacts. Coastal Act Sections 30250 and 30254 provide
that:
Section 30250-(in--part). (a) New residential, commercial, or industrial
development, except as otherwise provided in this division, shall be
located within, contiguous with, or in close proximity to, existing
developed areas able to accommodate it or, where such areas are not able
to accommodate it, in other areas with adequate public services and where
it will not have significant adverse effects, either individually or
cumulatively, on coastal resources, ...
Section 30254 (in part). New or expanded public works facilities shall be
designed and limited to accommodate needs generated by development or uses
permitted consistent with the provision of this division; ...
The expansion or development of a wastewater project can be considered to
either be a growth inducing or a growth accommodating facility. A facility is
considered to be growth - inducing when it is "sized" to accommodate more
effluent than appears to be needed given existing and potential development
based upon existing land use designations and by using a higher individual
dwelling average use value; whereas, a growth - accommodating facility is
"sized" upon existing development and potential. development based upon the
existing land use designations and the average individual dwelling unit use.
During preparation of the Environmental Impact Report (EIR), the apparently
preferred project alternative design was for a 6.62 million gallon /day (MGD)
facility. The size of the facility was based upon predicted land use
designations for the area within the Cardiff and Solana Beach Sanitation
Districts, and part of the Rancho Santa Fe Community Services District and by
utilizing a value of 250 gallon per day /equivalent dwelling units (GPD /EDU).
During preparation of the CEQA document, the Board of Directors of the JPA
decided to use a higher facility design value than appeared to be warranted,
given existing and potential development, in order to provide a factor of
safety in sizing the wastewater facilities.
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Page
With this application, the size of the facilit�l has been scaled down to 5.25
MW because of General Plan revisions within tha sewer districts and that the
land use designations did not allow as much development as the previous
designations, (In brief, tho land use designations were "down- zoned. ")
However, the JPA continued to use the 250 GPO /EDU value even though it is
apparently a 20% increase over the GPD /EDU value verified by demand generated
by existing development, The confirmed average use fluctuates depending on
the time of year from between 210 to 230 GPD /EDU. The JPA decided to use the
250 GPD /EDU in order to assure the accommodation of all existing and planned
development within the sower districts and that it is standard engineering
practice to use a larger value than is shown by existing use. This practice
is substantiated by staff review of other wastewater treatment facilities
proposed for expansion in the coastal zone.
Therefore, the proposed expansion to a secondary treatment facility
accommodates existing and planned development based upon the land use
designations of the revised General Plans for Cardiff and Solana Beach
Sanitation Districts and part of the Santa Fe District and is consistent with
PRC Section 30250 and 30254,
3. Environmen�ta_ _lly. Sensitive Habitat. Coastal Act Sections 30231 and 30240
provide that;
Section 30231. 'The biological productivity* and the quality of coastal
waters, streams, wetlands, estuaries, and lakes appropriate to maintain
optimum populations of marring organisms and for the protection of human
health shall be maintained and, where Feasible, restored through, among
other means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water
supplies and substantial interference with surface water flow, encouraging
waste water reclamation, maintaining natural vegetation buffer areas that
protect riparian habitats, and minimizing alteration of natural streams,
Section 30240, (a) Environmentally sensitive habitat areas shall be
protected against any significant disruption of habitat values, and only
uses dependent on such resources shall be allowed within such areas.
(b) Development in areas adjacent to environmentally sensitive habitat
areas and parks and recreation areas shall be sited designed to prevent
impacts which would significantly degrade such areas, and shall be
compatible with the continuance of such habitat areas.
The proposed project site is located to the north, across Manchester Avenue,
of the San Elijo Lagoon, a coastal wetland and designated environmentally
sensitive habitat area. In addition, a drainage control channel, which
supports limited riparian vegetation, is located on the project site,
The San Elijo lagoon is one of the nineteen wetlands identified by the Dept.
of Fish and Game for acquisition purposes in their report titled "Acquisition
Priorities for the Coastal Wetlands of California," Because of this
V
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designation, allowable development within the wetland is limited to minor
incidental public facilities which temporarily impact the resources of the
area; wetland restoration, and nature study. Also, because of the statewide
significance of this and all wetlands, development adjacent to wetland areas
must be carefully reviewed in order to decrease developmental impacts on the
wetland related to increased iedimentation due to grading and other
construction activities located at the project site,
The San Elijo Lagoon is situated between Cardiff -by -the -Sea and Solana Beach
at the mouth of Escondido Creek. The lagoon is divided into three sections by
the Pacific Highway, the Santa Fe Railroad tracks, and by Interstate 5 (1 -5).
Pickleweed, salt grass, alkali heath, and other high salt tolerant plant
species are the dominant vegetation in the more saline water areas west of
I -5. In the area east of I -5, cattails with an undercover of shorter herbs,
e.g., salt marsh fleabane, alkali bulrush, curly dock, and brassbuttons, are
found due to lower salinity water. Stablized dunes on the extreme
southwestern side of the lagoon are colonized by arrow -weed and by sea fig,
beach sand verbena and evening primrose, spike rush, and other dune species.
Also, Arrow willow thickets predominate in several areas of fresh water found
around the edges of the lagoon.
no of the principal ecological values of the lagoon is as a bird habitat.
The food and shelter make it especially attractive to birds, especially ducks
on the Pacific Flyway. Residents breeding species observed within the lagoon
are Long - billed Marsh Wrens, Yellowthroats, Song Sparrows, and Redwing
Blackbirds. Sora and Virginia Rails were also evident. Raptors, particularly
Red - tailed hawks, also use the lagoon.and environs as hunting grounds.
The site is located within the Coastal Resource Protection Area overlay
identified in the certified County of San Diego LCP which is used for guidance
in review of permit decisions until such time as an LCP is submitted by the
City of Encinitas. The provisions of this overlay address grading and
drainage 'controls, and limit development on naturally vegetated steep slopes
to protect environmentally sensitive habitat areas and downstream resources.
Because the proposed project may have significant adverse impacts on the
lagoon, e.g., sedimentation (uncontrolled run -off) due to grading activities,
it is appropriate to include in the grading plan a run -off control plan to
ensure that drainage impacts generated by the proposed project or subsequent
project facilities will not increase sedimentation of the lagoon.
The applicant has submitted a preliminary drainage and runoff control plan
which includes a desiltation basin in the southern portion of the site. The
plan indicates there will be a reduction in the peak runoff rate associated
with the developed condition when compared to existing conditions, likely due
to the amount of area proposed as storage basins associated with this
facility. The attached condition requires submittal of final plans, prior to
commencement of construction, which incorporate any changes made by the
contractor through development of the final project plans and specifications.
Regarding impacts to the environmentally sensitive habitat areas found on the
project site, the applicants have had a biological survey prepared in order to
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identify and locate the sensitive vegetation located on -site, rho survey
identifies a total of .12 acre adjacent to and east of the entry access road
which contains species associated with freshwater and saltwater marsh, and
riparian vegetation. Of this habitat area, the project proposes encroachment
into .07 acres through construction of the southwesternmost flow equalization
basin. The installation of a 24 inch drain pipe to replace an existing drain
pipe located along the southern property line is also proposed within the area
of sensitive vegetation, However, the applicant has indicated the pipe can be
constructed in an alignment which would avoid disruption of the existing
riparian vegetation because it will be located on the fringe of the habitat
were the actual riparian species are sparse. Most of the drain pipe will be
located outside the identified habitat area.
To assure continuance of the habitat areas, consistent with Section 30240 of
the Act, the attached condition requires redesign of the proposed flow
oqualization basin to avoid encroachment into the mapped freshwater and
saltwater marsh and riparian vegetation, and to provide a minimum 50 ft. wide
buffer area between the basin and sensitive habitat. The buffer area provides
essential open space between the development and the environmentally sensitive
habitat area which is often used by wildlife for breeding, nesting, feeding,
resting, and for other habitat requirements. The existence of this open space
ensures that the type and scale of development proposed will not significantly
degrade the habitat area. The condition further requires an open space deed
restriction be recorded which prohibits development within the habitat and
buffer areas, which shall remain in permanent open space.
The submitted biological survey identifies there is no riparian vegetation
along the concrete drainage channel which bisects the property. The
applicants haua an on- going drainage maintenance (flood control) program which
scours the drainage channel every summer. also, the applicants have a wood
abatement program which also mows down any vegetation that may grow along the
edge of the channel.
The proposed project also includes extensive grading on the site which could
have an additional and potentially adverse impact on the adjacent wetland
areas. The applicants propose to grade, through cut and fill, approximately
69,550 cu. yds. of material, Approximately 45,526 cu. yds. will be utilized
onsite, with the remainder stockpiled on the northern portion of the
property. In order to assure that the graded slopes do not increase
sedimentation or slope erosion, particularly during the rainy season, it is
appropriate to limit grading to the period between April 1st and October 1st
(nor -rainy season) and to require slope stabilization procedures immediately
after grading, including revegetation of all graded slopes and disturbed
areas, These requirements are consistent with the Coastal Resource Protection
Area overlay, and past Commission precedent on projects adjacent to
environmentally sensitive habitat areas such as that proposed.
The applicant has prepared a 25% slope analysis which identifies steep slopes
as shown on Exhibit 6. The project does not propose encroachment into the
identified naturally vegetated steep slope areas. The attached condition
requires recordation of a deed restriction requiring the slopes remain in open
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space, to protect the environmentally sensitive habitat area of the coastal
sane /chapparal plant community, minimize the alteration of natural landforms
and mitigate the visual impact of the proposed development, consistent with
the provisions of the Coastal Resource Protection Area overlay zone. The
Commission finds the proposed project, as conditioned, is consistent with the
provisions of Sections 30231, 30240 and 30251 of the Coastal Act and the
Coastal Resource Protection Area overlay identified in the County LCP.
4. Scenic and Visual Issues. Coastal Act Section 30251 provides:
Section 30251. The scenic and visual qualities of coastal areas shall be
considered and protected as a resource of public importance. permitted
development shall be sited and designed to protect views to and along the
ocean and scenic coastal aces, to minimize the alteration of natural land
forms, to be visually compatible with the character surrounding areas,
and, where feasible, to resotre and enhance visual quality in visually
degraded areas. New development in highly scenic areas such as those
designated in the california coastline Preservation and Recreation Plan
prepared by the Department of Parks and Recreation and by local government
shall be subordinate to the character of its setting.
The San Elijo water Pollution Control Facility (project site) is situated on a
27 -acre site within a tributary canyon to the San Elijo Lagoon. The bottom of
the canyon is relatively flat with a steep natural slope rising above the
canyon floor along the western property line. Interstate 5 (I--5) follows the
eastern property line. Caltrans has constructed a vista point on the
north- --east portion of the project property. The viewing area overlooks the
treatment facility, the San Elijo Lagoon and the ocean. Several residences
have been constructed around the canyon rim which also overlook the treatment
facility, San Elijo Lagoon, and the ocean.
Because the project facility is located within a major public viewshed as
viewed from a public freeway and vista point, it is appropriate to utilize
landscaping to soften the effect of the project facilities. The facilities
now cover approximately 25% of the site whereas with construction of the
proposed project, the facility will cover approximately 50% of the project
site thereby doubling the visible development on the site. It is appropriate
to require the selection of a color scheme for the project structures. which
blends with the surrounding natural areas.
Moreover, the western slope of the project site is covered with California
native coastal sage scrub which provides a backdrop to the facility. In order
to decrease the project visibility; to blend with the surrounding natural
environs (native vegetation), and to utilize drought tolerant vegetation, it
is appropriate to require a land3caping plan that uses California species
native to the San Diego area. Typical species would include Coast Live Oak,
Torrey Pines and possibly sycamores adjacent to the riparian areas. Shrubbery
should include Lemonade Berry, Laurel Sumac, Black, White and Purple Sages,
and California Buckwheat that is native to the coastal sage scrub vegetative
community.
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x.640 Perar 11
The applicant has indicated the landscape plan is to be the subject of a
separate contract, due to the fact that the City of Encinitas Design Review
Board has required submittal of the landscape plan for its review and
approval. Due to the site's location within the critical viewshed of San
Elijo Lagoon and tho I -5 Vista Point, as identified in the Scenic Area overlay
contained in the certified County LCP, mitigation of the project's visual
impact is a significant coastal issue, The provision of substantial landscape
materials, appropriately sited to screen the proposed structures within the
public viewshed, is essential in order to meet the requirements of Section
30251 of the Act.
The attached condition acknowledges the applicant's inability to provide a
final landscape plan prior to release of the permit for the proposed facility
expansion; however, requires that assurance be provided, to the satisfaction
of the Executive Director, that the landscaping will be funded as part of the
expansion project, prior to issuance of the permit. Therefore, with
implementation of a landscaping plan (Condition 0) and painting of the
facilities to blend with the surrounding natural environs (Condition a6), the
proposed project, as conditioned is consistent with Section 90251 of the
Coastal Act.
5. Archeoloqic Resources. Coastal Act Section 30244 provides;
Section 30244, Where development would adversely impact archaeological
or
paleontological resources as identified by the State Historic Preservation
Officer, reasonable mitigation measures shall be required.
An archaeological reconaissance and record search was conducted on and for
the
project site. The record search revealed the presence of one recorded site
on
the project property. The site is comprised of a disturbed shell scatter
consisting of Chione sp., with lesser amounts of Pectin sp. and Ostrea sp.
The project site was again surveyed by a County of San Diego Public Works
archaeologist. The proposed project facilities are located outside of the
recorded site and given the results of the survey, do not appear to affect
any
archaeological resources. Flowever, the EIR recommended mitigation measures
state that "should something of potential scientific, cultural or historic
interest be unearthed during construction, a qualified expert in the
appropriate discipline should be called in to investigate the find and work
should be stopped in the immediate area until the site has been cleared by
the
qualified expert."
Therefore, the proposed project, as conditioned to comply with the
archaeological mitigation measures identified in the EIR (condition 07), is
consistent with Section 30244 of the Coastal Act.
6. Local Coastal Planning. Section 30604(a) requires that, prior to the
certification of the local coastal program, the Commission shall issue a
coastal development permit only after it Finds "that the permitted development
will not prejudice the ability of the local government to prepare a local
coastal program (LCP) in conformity with the provisions of Chapter 3 of (the
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Coastal Act]," In this barticular case such a finding can be made. As stated
in the above firidingo, the proposed development, as conditioned, would be in
conformity with the provisions of Chapter 3 of the Coastal Act.
The subject site is located within the City of Encinitas, The City is in the
process of preparing a LCP for the Commission's review. However, because
there is no LCP policies for the area, the issues regarding protection of
coastal resources in the area have been addressed by the Commission in its
review of the County of San Diego LUP and Implementing Ordinances. As such,
the Commission will continue to utilize the County LCP documents for guidance
in its review of development proposals in the City of Encinitas until such
time as a LCP is submitted by the City for Commission review and certification.
The County of San Diego LCP contains special overlay areas where sensitive
coastal resources are to be protected, rho subject property falls within the
Coastal Resource Protection Area and Scenic Area overlays. Due to the
sensitive nature of the adjacent San Elijo Lagoon, grading restrictions
apply. Most notably, that all grading is prohibited during the rainy season
(from.October let through April 15th), This is to ensure that proposed
project's grading activities do not cause sedimentation of the San Elijo
Lagoon,
The Commission finds the proposed development, as conditioned, conforms to
Coastal Act Chapter 3 policies and with the special area regulations contained
in the certified County of San Diego LCP. The development's approval,
therefore, will not prejudice the ability of the City of Encinitas to Complete
a certifiable Local Coastal Program.
STANDARD CONDITIONS:
1. Notice of Recent and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration, If development has not commenced, the permit will expire two
years from the date on which the Commission voL*d on the application.
Development shall be pursued in a diligent manner and completed in's
reasonable period of time. Application for extension of 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.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
S, Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24 —hour advance notice.
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Page 13
6. AssignmeaL. The permit may be assigned to any qualified person. provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Yerms and Conditions Run with thq Land. These terms and conditions shall
be perpetual, and it is the Intention of the Commission and the permittee
to bind all future owners tared possessors of the subject property to the
terms and conditions.
(9294R)
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Doc: SD:1990 00148434
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FROM:
Staff
MILE
NO: 6
09.2n4
SUBJECT: Revisions to Special Conditions and Findings of staff
Report and Preliminary Recommendation incorrectly dated
11/1/89. The correct date is 12/1/89.
Staff recommends the following revisions to the above referenced
staff report:
Special Condition #1 should be revised to read as follows:
1• itevisgd_Proiect Plans /Habitat Impacts. prior to the
issuance of the coastal development permit. the applicant shall
submit for Executive Director review and approval in
consultation with the Department of Fish and Game. revised final
project plans. The revised plans shall eliminate encroachment
associated with construction of the flow equalization basin.
into the mapped riparian and wetland vegetation shown on
attached Exhibit 3, and shall provide a minimum 5a ft. buffer
between the top of slope of the proposed equalization basin and
the existing sensitive vegetation. Construction of the slope of
the basin shall be permitted within the upper 25 feet of the
buffer area. Installation /replacement of the 24 inch storm
drain line shall be permitted within the lower 25 ft. of the
buffer zone and in areas not containing the sensitive vegetation
identified above; however. the revised plans shall indicate the
method of installation and alignment designed to be the least
disruptive of existing vegetation. The Flan shall include
installation of a temporary construction fence one to • two feet
outside the limits of sensitive vegetation. to be installed
prior to commencement of construction and remain in place during
they entire construction period. Planting of the slope and
remainder of the buffer zone to enhanco the habitat value of the
existing riparian and saltwater /freshwater marsh areas is
required pursuant to Special Condition #4.
Special Condition #4 should be revised to read as follows:
4. Reve etation Plan and _Monitorinq Program. Prior to the
issuance of the coastal. development permit. the applicant shat:
submit a detailed revegetat ion/ planting plan and monitor:.;
program indicating the type. size. pxtpnt and Incatinn of a5
plant materia'_s ani any propor,,A irriga! ton nyitem. T;; r.
shal l include+ revagetat .:)rt of .3. I rlivl:r! eed Q'1e• ��n
lnanu:acturrd 510per.. 1.1,-1 I'd Ir;•j !tlr' h :: :`�• Itho 1.`3`15•
ha G in with coa:;tal ...�.�� ,� •u!� ;Irr•r.ir'ti. ;,; shall •n.
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Cn imn it.,; i nne r s
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Page 2
introduction of riparian species within the lower 25 ft. OC the
buffer zone and extending from the too of the west and nuuth
facing slopes of the southernmost equalization basin to the
access road and property line, respectively. Drought tolerant
native plants compatible with adjacent natural vegetation shall
be utilAzed to re- establish the area consistent with the
adjacent natural vegetation. and the plan shall include removal
of exotic plant species to promote riparian success.
The mitigation plan shall also include a monitoring program
designed to assure 80% establishment of the coastal sage scrub
and riparian species within a three year period with annual
reports sent to the Executive Director and the Dept. of Fish and
Game. If after three years the report indicates 80% coverage
has not been achieved, a supplemental revegetation program
designed to provide 80% coverage shall be submitted and reviewed
as an amendment to this permit. The planting plan and
monitoring program shall be submitted to, reviewed and approved
in writing by the Executive Director. in consultation with the
Department of Fish and Game.
Special Condition #8 should be revised to read as follows;
B. Open S ace Deed 'Restriction. Prior to the issuance of
the coastal development permit, the applicant shall record a
restriction against the subject property. free of all prior
liens and encumbrances, except for tax liens, and binding on the
permittee's successors in interest and any subsequent purcha6ers
of any, portion of the' real property. The restriction shall
prohibit any alteration of landforms, removal of vegetation or
the erection of structures of any type in the area -shown in
concept on the attached Exhibit 3, 6 and 7, and otherwise
described as the naturally vegetated slopes of 25% grade or
greater (Exhibit 6). the riparian and wetland vegetation
(Exhibit 3), and buffer zone (Exhibit 7) approved pursuant to
the revised plans required in Special Condition 111. The
recording document shall include legal descriptions of both the
applicant's entire parcel(s) and the restricted area, and shall
be in a form and content acceptable to Ae Executive Director.
Evidence of recordation of such restriction shall be subject to
the review and written approval of the Executive Directoc,
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Commisu ionera
December 11, 1909
Page 3
On Page 5, Paragraph 1 should be revised to read:
Approximately 45.525 cu.yde. of the graded material will be used
as a base for the construction of the facilities with the
remainder of the material to be stockpiled and compacted on the
southern portion of the site. The two major grading components
Of the project include excavation for the sedimentation basins
and aeration basins on the western side of the access road.
This material will be deposited south of the basins, graded for
proper drainage to the proposed desiltation basin north of
Manchester Ave. and compacted. The second major grading
activity includes cut and fill for construction of the proposed
flow equalization basins on the east side of the access road.
The applicants are aware that use of any off -site location for
disposal of spoils, if within the coastal zone, would require a
separate coastal development permit.
Staff recommends the following be added to replace the first
full paragraph on Page 9:
To assure continuance of the habitat areas. consistent with
Section 30240 of the Act. the attached condition requires
redesign of the proposed flow equalization basin to avoid
encroachment into the mapped freshwater and saltwater marsh and
riparian vegetation, and to provide a minimum 50 ft. wide buffer
area between the basin itself and the sensitive habitat. The
condition allows construction of the slope for the southernmost
flow equalization basin to occur within the upper 25 ft. of the
buffer area, consistent with the letter from the Dept. of Fish
and Game attached as Exhibit #8. The remainder of the buffer
zone. including the area between the south and west' facing
slopes and the access road and property line is to be enhanced
with riparian species and preserved in permanent open space
along with the existing sensitive vegetation. mapped on Exhibit
#3.
The construction of the slope for the basin is a "one -time only
impact" which will not be altered or disturbed after basin
construction. Maintenance and operation of the basin will not
involve activity on the south and west facing slopes. For this
reason, the Commission can find the proposed slope to be an
acceptable use within the buffer area. Additionally. the slope
shall be planted with coastal sage scrub species to provide a
suitable upland habitat for' the adjacent wetland vegetation.
The condition requires monitoring to provide 00♦ coverage within
a three year period. however. because it is part of the proposed
facility, the slope of the basin is not included within the open
space deed restriction area.
Order: 80313
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The function of the buffer area is to provide onuential open
space betwow n the development and the environmentally sensitive
habitat area which is often used by wildlife for breeding.
nesting, feeding, resting. and for other habitat requirements.
Typically, a bugler of 50 and 100 ft. in width is required for
development adjacent to riparian and wetland vegetation.
respectively. In this particular case. the provision of an
enhanced buffer area within the lower 25 ft. of the required
buffer area is designed to mitigate for the construction of the
slope, and installation of a drainage line within the buffer
zone.
Condition #4 requires review and approval of the planting plan
and monitoring program by the Dept. of Fish and Game, f or
revegetation within the buffer area. and Condition #8 requires
recordation of an open space deed restriction to cover the
sensitive vegetation and enhanced buffer zone, to assure
provision of good quality habitat in perpetuity. The existance
of this open 'space ensures that the type and scale of
development proposed will not significantly degrade the habitat
area, consistent with Section 3024.0 of the Act.
(1844M)
Order: 80313 Page 31 of 42 Requested By: bobs, Printed: 10125/2017 9:09
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EXHIBIT B
LEGAL DESCRIPTION
ORDER NO. 1001921 -20
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF THE EAST HALF OF SECTION 27 AND THE NORTHWEST
QUARTER OF SECTION 26 IN TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19,
1881, DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND CONCRETE MONUMENT ACCEPTED AS THE WEST QUARTER
CORNER OF SAID SECTION 26; THENCE NORTH 0006P01" WEST, ALONG THE WEST
LINE OF SAID SECTION 26, 100.01 FEET, TO THE NORTH LINE OF THE SOUTH
100 FEET OF SAID NORTHWEST QUARTER; THENCE NORTH 79052106" EAST
639.26 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN PARCEL 5 OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION, FILED FOR RECORD ON SEPTEMBER 14, 1962 AS FILE NO.
159336 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID
SOUTHWESTERLY LINE AS FOLLOWS:
NORTH 33010 "44" WEST, 626.28 FEET; NORTH 32021002" WEST, 475.72 FEET;
AND NORTH 16010 ;36" WEST 645.50 FEET TO A POINT BEING A COORDINATES
Y- 311,809.99 FEET AND X -1, 686.529-47 FEET ALSO BEING A POINT IN THE
NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO HECTOR A. SHELLEY,
AND DANIEL T. SHELL Y, RECORDED JULY 20, 1961 AS FILE NO. 324478 OF
OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, NORTH 89008 "03"
WEST (RECORD WEST) 540.57 FEET TO THE NORTHWESTERLY CORNER OF SAID
LAND; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 09035103" EAST
(RECORD SOUTH 9 038' EAST) , 1:83.73 FEET TO THE SOUTHEASTERLY CORNER
OF CARDIFF, MAP NO. 1298, FILED IN THE OFFICE OF THE COUNTY'RECORDER
OF SAN DIEGO COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID SHELLEY
LAND SOUTH 88-51120" EAST ( RECORD NORTH 89-271 EASE') 141.31 FEET;
THENCE SOUTH 26016"15" EAST, 223.26 FEET; THENCE SOUTH 0004 ,143" WEST,
139.35 FEET TO A POINT ON A 690.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY IN THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO
CARDIFF SANITATION DISTRICT RECORDED OCTOBER 38, 1956 IN SOOK 6305,
PAGE 93 OF OFFICIAL RECORDS, A RADIAL BEARS SOUTH 2- 41105" WEST TO
SAID POINT; THENCE ALONG THE NORTHERLY LINE OF SAID LAND EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7008102 ", 85.91 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 85033103" EAST 50.40 FEET TO THE
BEGINNING OF A 810.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY, A
RADIAL OF WHICH BEARS SOUTH 4026F57" EAST; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 0059110 ", 13.94 FEET TO THE EAST
LINE OF SAID SECTION 27; THENCE ALONG SAID EAST LINE, NORTH 0004143"
EAST 329.92 FEET TO THE POINT OF BEGINNING.
PAGE 9
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ORDER NO. 1001921 -20
THE BEJkRXNGS, DISTANCES AND COORDINATES USED IN ABOVE DESCRIPTION ARE
ON THE CALIFORNIA COORDINATE SYSTEM, LONE 6. MULTIPLY DISTANCES
SHOWN BY 1.0000370 TO OBTAIN GROUND LEVEL DISTANCE.
Order: 80313
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EXHIBIT "C"
Prior to the issuance of the coastal development permit, the
applicant shall record a restriction against the subject property,
free of all prior liens and encumbrances, except for tax liens, and
binding on the permittee's successors in interest and any subsequent
purchasers of any portion of the real property. The restriction
shall prohibit any alteration of landforms, removal of vegetation or
the erection of structures of any type in the area shown in concept
on the attached Exhibit 3, 6 and 7, and otherwise described as the
naturally vegetated slopes of 25% grade or greater (Exhibit 6), the
riparian and wetland vegetation (Exhibit 3), and buffer zone (Exhibit
7) approved pursuant to the revised plans required in Special
Condition fi. The recording document shall include legal descrip-
tions of both the applicant's entire parcel(s) and the restricted
area, and shall be in a form and content acceptable to the Executive
Director. Evidence of recordation of such restriction shall• be
subject to the review and written approval of the Executive Director.
Doc: SD: 1990 00148434
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i EXFHBIT
WETLAND VEGETATION EASEMENT
That portion of the northwest quarter of Section 26 and the
northeast quarter of Section 27, Township 13 South, Range 4 West,
of the San Bernardino Meridian, in the county of San Diego, State
of California, more particularly described as follows:
Commencing at the quarter corner common to both Section 26 and 27;
thence North 00'05008" East and along said section line 100.01 feet
to a point on the .north line of the south 100 feet of the northwest
quarter of Section 26; thence North 79.51137" East, 20.00 feet to
the TRUE POINT OF BEGINNING, said point being a point on a non -
tangent 20.00 foot radius curve, concave northwesterly, having a
radial, bearing to said point of South 40.08123" East; thence along
the arc of said curve through a central angle of 33`431421#0 an arc
distance of 11.77 feet to a point of compound curvature of a 60.00
foot radius curve, concave westerly, having a radial, bearing to
said point of South 73'52105" East; thence along the arc of'said
curve through a central angle of 30.0411111, a distance of 31.49
feet to a point on a non - tangent 20.00 foot radius curve, concave
northeasterly, having a radial bearing to said point of South
31•44108" East; thence along the arc of said curve through a
central angle of 123'30140 ", an arc distance of 43.11 feet; thence
North 01.46' 32" East, 10.00 feet to a point of curvature of a 35.00
foot radius tangent curve, concave southeasterly; thence along the
arc of said curve through a central angle of 32.13055110 an arc
Order: 80313 Page 35 of 42 Requested By: bobs, Printed: 1 0125/201 7 9:09
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Page 2 of 3
foot radius curve, concave northwesterly, having a radial bearing
to said point of South 55'59133" East; thence along the arc of said
curve through a central angle of 33.26118 ", an arc distance of
29.18 feet to a point on a non- tangent Moo foot radius curve,
concave southwesterly, having a radial bearing to said point of
North 33132104" West$ thence along the arc of said curve through
a central angle of 102.0310811, an arc distance of 26.72 feet;
thence South 21' 28 1 5611 East, 33.88 feet; thence South 40' 32 1 0811
East, 81.34 feet; thence South 79.5113711 West, 80.00 feet to the
Point of Beginning.
3,
Order: 80313
Doc: SD:1990 00148434
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EXHIBIT
OPEN SPACE EASEMENT
That portion of the east half of Section 27, Township 13 South,
Range 4 West, of the San Bernardino Meridian, in the County of San
Diego, State of California, more Particularly described as follows:
Commencing at the east quarter corner of said Section 27; thence
North 8805011711 West, 250.06 feet to the TRUE POINT OF BEGINNING,
said point also being on the southerly line of a tract of land
deeded to Hector. A. Shelley and Daniel T. Shelley, recorded July
20, 1961 as Document No. 124478; thence North 88052916't West and
along said southerly line, 141.32 feet to the southeasterly corner
of Cardiff as recorded in Map No. 1298, recorded in the Office of
the San Diego County Recorder; thence North 09.3610111 West and
along the easterly line of Cardiff, said line also being the
westerly line of said Shelley Tract, 1783.83 feet to the
northwesterly corner of said Shelley Tract; thence South 89.08146"
East and along the northerly line of said Shelley Tract, 240.00
feet; thence South 00'51114" West, 64.00 feet; thence South
69.09147" East, 23.41 feet; thence North 25.1.705211 East, 24.17
feet; thence North 590131251' East, 35.35 feet; thence South
87'04116" East, 153.00 feet; thence South 13'2215811 West, 18.44
feet; thence North 87'04116 West, 138.09 feet; thence South
65.5615711 West, 30.87 feet; thence South 10.31128' West, 176.70;
thence South 2604613511 East, 45.00 feet; thence South 63013125"
West, 15.00 feet; thence North 26.4613511 West, 57.57 feet; thence
Order: 80313 Page 38 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM
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North 10'51143" East, 71.51 feet; thence South 8002315914 West,
55.00 feet; thence South 22.24118" West, 47.17 feet; thence South
07'36117" East, 287.17 feet; thence North 36.37104" East, 110.94
feet; thence North 19'57'12" East, 95.00 fast; thence South
70'02148" East, 15.00 feet; thence South 19. 57112" Waste 111.51
feet; thence South 29003134" West, 70.43 feet; thence South
06'07154" West, 147.53 feet; thence South 23.13038" East, 67.91
feet; thence North 04926109" East, 90.71 feet; thence South
64.00133" East, 26.84 feet to a point on a non - tangent 600.00 foot
radius curve, concave easterly, having a radial bearing to said
point of North 79.23121" West; thence southerly along the arc of
said curve through a central angle of 36012925 ", an arc distance
of 169.72 feet; thence South 05035146" East, 594.33 feet to a point
of curvature of a 650.00 foot radius tangent curve, concave
northeasterly; thence along the arc of said curve through a central
angle of 17 °4000311, an arc distance of 200.43 feet; thence South
23.15150" East, 35.40 feet; thence South 12.45155" East, 165.54
feet; thence North 26'17143" West, 15.00 feet to the Point of
Beginning.
Order: 80313
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LEGAL DESCRIPTION
BIOLOGICAL BUFFER ZONE
Page I. of 2
That portion of the northwest quarter of Section 26 and the
northeast quarter of Section 27, both in Township 13 South, Range
4 West, of the San Bernardino Meridian, in the County of San Diego,
State of California, more particularly described as follows:
Commencing at the quarter corner common to both Sections 26 and 27;
thence North 0000510811 East and along said section line, 100.01
feet to a point on the north line of the south 100 feet of the
northwest quarter of said Section 26, said point being the TRUE
POINT OF BEGINNING; thence South 79'51'37" West, 20.32 feet; thence
North 00.0510811 East, 175.00 feet to a point of curvature of a
15.00 foot radius tangent curve, concave southeasterly; thence
along the are of said curve through a central angel of 117.4683929,
an arc distance of 30.83 feet to a point of compound curvature of
a 105.00 foot radius curve, concave southwesterly; thence along the
arc of said curve through a central angle of 43.29' -00"
an arc
distance of 79.71 feet; thence South 18.38' 23" East, a distance of
23.50 feet to a point of curvature of an 80.00 foot radius tangent
curve, concave northeasterly; thence along the arc of said curve
through a central angle of 7102113711, an arc distance of 99.64
feet; thence North 90600100" East, 136.30 feet; thence South
79951137" West, 276.62 feet to .the Point of Beginning.
Order: 80313 Page 41 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM
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