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1990-148434t 1 2 3 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 Order: 80313 Doc: SD: 1990 00148434 QC I Page 1 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 ].9 20 21 22 23 24 25 26 27 4 PAPER e. 6+u•a■ru I] .Rev 1.721 es• i l 1624 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. /1 Order: 80313 Doc: SD:1990 00148434 —2— 0 Page 2 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM r a 4 3 a 6 6 7 8 9 10 11 12 13 14 16 1s 17 18 19 20 21 22 23 24 25 26 27 PAMM lauc.. % W". « � 0 1625 , 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; -3- 1 1 Order: 80313 Page 3 of 42 Requested By: bobs, Printed: 10/25/2017 909 AM Doc: SD:1990 00148434 1 2 3 4 5 6 7 8 9 10 11 12 13 li 14 15 16 17 18 19 20 21 r 22 23 24 25 26 27 YURT PAPER .Tt O� C�LI�aaM1L 1!� .atr a•7ii ewe- 1626 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 Order: 80313 Page 4 of 42 Requested By: bobs, Printed: 1 0125/201 7 9:09 Doc: SD:1990 00148434 � 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 0 Order: 80313 Page 5 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 Doc: SD: 1990 00148434 t Order: 80313 Page 6 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM Doc: SDA990 00148434 . i i 1628 ' * • NOTE TO NOTARY PUBLIC • 2 If any party signing the deed restriction is signing on behalf of a corporation 3 public agency, partnership, etc. please use the proper notary acknowledgement 4 form as explained in your Notary Public Law Book. 5 6 STATE OF ) )aa 7 COUNTY OF ) g On this day of , in the year 19 , before 9 we , a Notary Public, personally appeared personally known to me, or proved to me 10 on the basis of satisfactory evidence, to be the person whose name is 11 subscribed to this instrument, and acknowledged to aye that he/she executed it. WITNESS my hand and official seal. 12 13 NOTARY PUBLIC IN AND FOR —� SAID COUNTY AND STATE 14 15 STATE OF ) )ss 161 COUNTY OF ) 17 18 On this day of in the year 19 me a Notary Public, personally appeared 19 personally known to me, or proved to me on 20, the basis of satisfactory evidence, to be the person whose name is subscribed 21 to this instrument, and acknowledged to me that he/she executed it. WITNESS my hand and official seal. 22 23 NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE 24 25 26 27 •RT PAPER �� ,V uura■ui. 113 m[v 0-7=, -5- t Order: 80313 Page 6 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM Doc: SDA990 00148434 . i i r� 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1629 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 Doc: SD-1990 00148434 DEGO�All L COVI Yl hOSA "Y f'L'�LIC•C .L'rOn A � %'il NOTARY PUBLIC FOR SAID STATE AND COUNTY -6- Page 7 of 42 Requested By: bobs, Printed: 1 0125/201 7 9:09 AM 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. Order: 80313 Doc: SD: 1990 00148434 Page 8 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM 1631 App. No. 6 -f9 -264 (Stan Elijo Joint Powers Authority) Page 2 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 Order: 80313 Page 9 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM Doc: SD:1990 00148434 r e�- 1632 a ''! App, No. 6 -89-784 (Son Elijo 3oint Powers Auoority) Pasgo 3 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 Or erd 80313 Doc: SDA990 00148434 Page 10 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM 1633 App. No. 6 -84 -204 (San Elijo Joint Powers Authority) Page 4 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. Order: 80313 Page 11 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM Doc: SD:1990 00148434 1834 .'� 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 Order: 80313 Page 12 of 42 Requested By: bobs, Printed: 10125/2017 9:09 Doc: SD:1990 00148434 rV I , '• r 1535 App, No. 6 -89 -204 (San Elijo Joint Bowers Authority) 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. M X13 Page 13 of 42 Requested By: bobs, Printed: 10125/2017 9:09 Doc: SD:1990 00148434 •,,,'. App. No. 6 -89 -284 (San Eli jo Joint Powers Authority) 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 Order: 80313 Page 14 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM Doc: SD:1990 00148434 , I I App, No. 6 -99 -294 (San Elijo Joint Powers Authority) Page 8 1637 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 Order: 80313 Doc: SD:1990 00148434 Page 15 of 42 r' Requested By: bobs, Printed: 10125/2017 9:09 I1, ,App. No. 5 -09 -284 (San Elijo Joint Powers Authority) 1638 Page 9 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 Order: 80313 Page 16 of 42 Requested By: bobs, Printed: 10/25/2017 909 AM Doc: SD:1990 00148434 Fvi- 1 6 3 9 App. No. 6 -89 -284 (San Elijo Joint Powers Authority) Psge 10 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. Order: 80313 Page 17 of 42 Requested By: bobs, Printed: 10125/2017 9:09 Doc: SD:1990 00148434 r- 1k •� App. Igo. 6 -89 -284 (San Elijo Joint Powers Authority) 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 Order: 80313 Doc: SD: 1990 00148434 Page 18 of 42 Requested By: bobs, Printed: 1012512017 9:09 1641 App. No. 6-eg -284 (San Elijo Joint powers Authority) Page 12 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. Order: 80313 Page 19 of 42 Requested By: bobs, Printed: 1 0/251201 7 9:09 AM Doc: SD: 1990 00148434 t r ti. App. No. 6--99 -294 (San Eli jo Joint Powers Authority) 16s �i 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) Order: 80313 Doc: SD:1990 00148434 !i ip Page 20 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM Q f a< 1643 .ww •ea ! cc Ul lat IIH nm MW L CD .i � -.� - .- a p� •� �� �• is I � M ! • 1/ EXHIBIT NO. ' A APPLICATION N alnz r Order: 80313 Doc: SD: 1990 00148434 n Page 21 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM "'s I A h • 5 a 1 l Order: 80313 Doc: SD:1990 00148434 NO r r 1 1 � y I 31T NO. Z a rpN NO $, Lifer M ' � r � r 3 o' IN k Page 22 of 42 Requested By: bobs, Printed: 10125!2017 9:09 AM 1645 �,��.• ,. •r���Fti= � ' _ PROJECT SITE BOUNDARY ly -mot � ��.��� '• 1 •i 1 + _ 1 Y 1 i• E .Ir • �� ._... i F li �� � - yr. i 1 1 LEGEND _ i f �••, s LIMITS OF EXISTING _ • 1 WETLAND VEGETATION = _ 4 • �� 1 • t1A POTENTIAL WETLAND .i MITIGATION AREA .' . • EMERGENT WETLAND ... w`•"' ' " "�`"� �. .. -- ' VEGETATION .. _•-� ' �- �^ ®WILLOW RIPARIAN VEGETATION _ SOURCE. WkonVPimia Octolmr tWO Gadding Plan EXHIBIT NO. ,3 APPLICATION NO. i ERC Environmental Wetland Vegetation and Grading Plan (0 r . and Energy %�, Services Co. AVL r - - - ..�._.�_........_ .,. _ ore%S •, it �— Order 80313 Doc: SD:1990 00148434 n Page 23 of 42 Requested By: bobs, Printed: 10125/2017 9:09 I'. �l�U1ll ��liar lop mA fCM S►fEST p p g I + I.+ I •� M s lL'a 1 1 r 1 4 s rte•; � ��y �� ,'^. {I, ApJti 261 -010.10 koI ` ��• r Un .w ewa. wr••�w•�••� iCSSTLA J�yENUF +0 'r � ..: �.... r- �.eRs EXHIBIT N0. c� APPLICATION NO. to q ' ATLP 0u.431ten PDCtio& 6 Order: 80313 Page 24 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM Doc: SD-1990 00148434 160 M a • v 1 t,� �y • " 1 si IrZ —Fl rt %ice .r :tom.. • � �i. rte^ � •. 11 ♦ i� • War ...� ��—J , • ! t MATCH SKEET 1 OF t2 E EXHIBIT- NO. �.: c-+..• :..,. r . � . SKEET Order: 80313 Doc: SD:1990 00148434 Page 25 of 42 Requested By: bobs, Printed: 10125/2017 9:09 0 Order: 80313 Doc: SD: 1990 00148434 I + jam~ ; ! l}.; ' � v `• fry -t (r °� �• ' ..� i, z .!.'; •�"`, ALL 1 ` ? rp_.a" ILL: � + • ; •�i�. p'L�r� _y- `i_ �A••1 - � _ ♦`` �, .`. , ,,• 1.� � i11� �•1 ;•` �- •, , ~• ... �. •tee � 71 =- EXHIBIT NCB. APPLICATION NO. 9 -ag+ Page 26 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM it Order: 80313 Doc: SD: 1990 00148434 . _. ��, -.•. n-•.c .-• •tea- • .R.- ' rte_ • X11..•. �.� ' ,.• •���- • -•--_. �• � ,. � I • ,�� ► 1. [tip i.i � . w PA 1 .yra,aDl:Y+�, I I \ FtOW EOUALIIAT10H MIA29M 1` q/�rl 41A � I � I I Iti1I►1.'%,E Y�.: • � a 11 � i61 ra1iS G'�I 1 ' ATIOuI BA INS MAN r • `I EiI G .111 Nlci L r•4 f � � +: sut .r •a�� ffib r �A 41 r��• i '$I0L,0C.%t A•I-. E e4 (9. r t P 9M.2 e F16'4t ICN7 9LrL$CEuAb.4 - CAW o. � w Tca- t3 •-7Tj. �• 4JU Iv GJTFA.t uwc Srl' G1 t Ui EXHIBIT NO, rj gCw�L bIQCY�s -i: i APf'E,IGhT10M NO. Ott a .- 1 I i 1 i I I 1 rr�6 ni :.+' .. - O'.i7 4 C_ ,��; : I �,c + Pi'• -o Pas sc.►3�ra -ac. APPI I t� NT 5 _ V R �-- �t IP&I rnnjranrn.• n Page 27 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM .. ' 1650 1 I11 r',i1iI fir ni.1 e'.11iI fit 11 �• I •1 .r" 1 .1 1 r�nrn. l'.'. I t.el lllr'rj�r 1r1 .I 1 1•'1 M K M rl 1t A N D 11 M TO: Commics lonearr, UA'i`E : Dec. ] L . ]Sri 9 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. G Order: 80313 Page 28 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM Doc: SD:1990 00148434 . 1651 Cn imn it.,; i nne r s Do totom lie r 1 1 . Z 9w) 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, Order: 80313 Page 29 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM Doc: SD:1990 00148434 1652 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 Doc: SD:1990 00148434 �� f qA Page 30 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM IL 1°653 Commlaslonoca 1)ecolnbor 11. I'm Page h 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 Doc: SD:1990 00148434 r 7 -1654 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 Order: 80313 Page 32 of 42 Requested By: bobs, Printed: 10/25/2017 909 AM Doc: SD:1990 00148434 .j 1 -655 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 Doc: SD:1990 00148434 PAGE 10 Fj Y r IJ e k Page 33 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM 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 n Page 34 of 42 Requested By: bobs, Printed: 10125/2017 9:09 AM i 1! aA .•' �ab� Page 1 `of 3 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 Doc: SD:1990 00148434 •i�5� 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 Page 36 of 42 V Requested By: bobs, Printed: 1 0125/201 7 9:09 'a a � W � W w PEW o T x W, V WQ� � o M.i�r LS "- a N n 0 w u O a a _, IT -a m n n n '0 Cc 1659 cz .vo�g+ N o W Ui $` tr N I I full U C_ 3 "Z �L 11 U q d a -i '3` Order: 80313 Page 37 of 42 Doc: SD:1990 00148434 4,cx —i ti u a .*UL to eca� t�l e O — � h � Requested By: bobs, Printed: 10/25/2017 9:09 AM 1660 Page -1 bf 3 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 Doc: SD: 1990 00148434 We 1. . ��k..• ��� Page 2 of 3 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 Doc: SD:1990 00148434 I r. 40 Ir Page 39 of 42 Requested By: bobs, Printed: 10/25/2017 9:09 AM a a 0 Z Wm '3 �L �q N3& ° 62' I4C VW !4!• $2' Page' 3 of 3 OPEN SPACE EASEMENT E *H -181T E dV — -CO U� V II. 1 ion NaS ° !7'37 "Ir W47' rsS.Op' s v .5t9.22'86 -W 1 .9.44' G lV497�,0n /��IOU "w G SGS° 56'57 "W 90.87' S10.3/'zS^'13v 7 lT6.7p� S63° 19'25" W 65.00' 8 K26'•46'8S'* #V 67.57' rs� r N!O.51 48 N jW 7/.51' �9° 67't2 "N a Sao ° ?.9 ' 69 • w 56-00, 5 22° 24'!8" W 47. 17' pl pp r6 N36°J7'04 "&- 110.54' 70.49 r4 Nt9° 57'/2 ~a' 9S.G10' S Oi6 . 07' SqC ° A:e tsoo p 147•:3' r S2J° !9'SS "6 47-VP c7 KGB• 26'08 "E 910.7/' Z7) �'��3� -2 P690-7z SG4` tlID'J3 "L� 2+.84 16 °12'25 600.00 ' LA46052 47-oao GV A - 17 °40'03" QETi4DL. R w 6050: co' Ma Ltd e-- 2 .43' jSza ° 15 '60 p= 35.40' 1 nr�� rZ'�' TPOS �t7 `I' ' � Cra'pN 27K-., TAI L. j Order: 80313 Page Doc: SD:1990 00148434 bhA, Inc. land planning, civil engineering, surveying 16191 21111-ml 019)941.1"1 1615 Mwray C"m Flo" 176 ElCCn111CC Awn" &a11° 910 ${{EI° 700 S•n Oupo Gglo,nu 97106 Viola C.��ra.e�. *W- i of 42 Requested By: bobs, Printed: 10/25/2017 9:OS AM pha. r' 1663 ` EXH BIT F 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. 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