HomeMy WebLinkAboutTM 85-14; ; 86-308762; PropertyRecording Requested By and Ret1h-n To:
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AGREEMENT REGARDING TENTATIVE MAP NO. 85-14 '- r
tk THIS AGREEMENT ("Agreement") is made and entered into this 01
day of ;Tur 'I , 1986 by and between THE CITY OF
CARLSBAD, a municipal corporation ("City") and Sammis Properties,
a California corporation, ("Developer") , with reference to the
following facts:
A. The Batiquitos Lagoon Educational Park Master Plan and
Tentative Map ("TM") No. 85-14 were approved by the City of
Carlsbad on October 15, 1985 with respect to certain
property adjacent to the Batiquitos Lagoon within the City
of Carlsbad. Said property is more particularly described
on Exhibit A hereto.
B. Carlsbad Municipal Code Section 21.90.030 (9) (5) provides as
follows:
"(g) The City Council may authorize the processing of and decision making on building permits and development pennits for a project with a master plan approved before
July 20, 1986 subject to the following restrictions: (4) Building permits for the 129 unit residential
portion of Phase I of the project may be approved provided the applicant has provided written evidence that an educational entity will occupy Phase I of the project which the City Council finds satisfactory and consistent with the goals and intent of the approved master plan.
Phase I the master plan developer shall have agreed to participate in the restoration of a significant lagoon and wetland resource area and made any dedications of property necessary to accomplish the restoration."
(5) Prior to the approval of the final map for
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e.
I. C.' In order to satisfy the requirements of Carlsbad Municipal
Code Section 21.90.030 (g) (4) & (51, Developer is desirous of
entering into an agreement with the City.
NOW THEREFORE, it is agreed as follows:
1. As required by Carlsbad Municipal Code Section 21.90.030(g)
(4), Developer agrees that prior to the issuance of building
permits for the 129 unit residential portion of Phase 1 of
the subject subdivision, written evidence shall be submitted
to the City Council that an educational entity will occupy
Phase I of the project which the City Council finds
satisfactory and consistent with the goals and intent of the
approved master plan.
2. (a) As required by Carlsbad Municipal Code Section
21.90.030 (9) (5) , Developer agrees to participate in the
restoration of the Batiquitos Lagoon and surrounding
wetland resource area and make any dedications of
property deemed as necessary by the Carlsbad City
Council to accomplish the restoration.
(b) The City Council hereby acknowledges that: (i) Said
restoration requires the cooperation of various
parties, including, but not limited to, the Developer,
California Coastal Commission, and State Lands
Commission; (ii) Developer is required to satisfy
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Special Conditions Nos. 1 and 2 of Coastal Development
Permit No. 6-85-482, (attached hereto as Exhibit B),
which directly relate to the implementation of said
restoration; (iii) Developer satisfaction of Special
Condition Nos. 1 and 2 of said Coastal Development
Permit in a manner acceptable to the City Manager and
City Attorney will satisfy the obligations to make
dedications as provided in Carlsbad Municipal Code
Section 21.90.030 (9) (5) .
(c) Subject to the provisions of paragraphs (a) C (b)
hereof, in order to implement said restoration,
Developer shall qffer to dedicate to the City, an
easement in a form suitable to implement said
restoration and acceptable to the City Attorney.
offer shall be made prior to or current with the
recordation of the Final Map for Phase I of Developer's
project. City agrees that it will not accept the offer
unless the dedication of property pursuant to paragraph
This
(b) is not made or is not sufficient to accomplish the
lagoon restoration. The offer will automatically
expire upon acceptance by appropriate state agency of
the property interest described in paragraph (b) and
determination by that agency that the property
interests are sufficient to accomplish the restoration.
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I 3; Upon: (i) Satisfaction of paragraph 2. (b) above, as
evidenced by written confirmation from the California
Coastal Commission Executive Director, in form acceptable to
the City Manager and City Attorney, or (ii) alternatively,
upon acceptance of the offer of dedication pursuant to
paragraph 2. (c) above, City shall release the property to
which said conditions are applicable from the obligations of
this Agreement. This is to be accomplished by City
furnishing to Developer a release of obligation in
recordable form for said property.
4. The burdens of this Agreement bind and the benefits of this
Agreement inure to the parties' successors in interest.
5. All notices required or provided for under this Agreement
shall be in writing and delivered in person or sent by
certified mail, postage prepaid. Notice shall be effective
on the date delivered in person or the date when the postal
authorities indicate that the mailing was delivered to the
address of the receiving party indicated below:
To City: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
At t ent ion :
To Developer: Sammis Properties
2650 Camino Del Rio North,
Suite 100
San Diego, CA 92108 Attention: Jon D. Briggs
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A party may change its address by giving notice in writing
to the other party in the manner provided above.
'6. This Agreement shall be construed in accordance with the
laws of the State of California. Should any action be
brought in any court of competent jurisdiction, the
prevailing party in such action shall be entitled to all
attorneys' fees, court costs and necessary disbursements in
connection with such litigation,
IN WITNESS WHEREOF this Agreement has been entered into on the
day and year first above written.
CITY OF CARLSBAD SAMMIS PROPERTIES
APPROVED AS TO FORM:
f"
(-p-- .)
) ss. STATE OF CALlPOllNU
COUNTYOF California 560
On July 8, 1986 before me, the undersigned, a Notary Public in and for said
State, personally appeared DONALD F. SAIQ4I.S , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the
known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and rxknowledeed to me that such cornration executed the within
President, and
&&my of the corporation that executed the within Instrument,
,nshument-pursuant to its by-laws br a resolution of its board
qf directors.
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
OFC-2058
EXHIBIT A
PROPERTIES
LEGAL DESCRIPTION
LOT 3 OF PARCEL MAP NO. 13653, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1985 AS FILE NO.
85-033316 OF OFFICIAL RECORDS; AND
LOT 3 OF CARLSBAD TRACT 82-18 (BATIQUITOS POINTE), MAP NO. 11290,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1985.
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HAX OF CAU'FORNIA-THE RESOURCES ~GEN& . GEORGE DEUKMEJIAN, Go#mw --
Date January 22, 1986 CALlfORNlA COASTAL COMMlSStON
SAN DIEGO COAST DISTRICT
SAN D!EGO. CA 92108-3520 Application No. 6-85-482 1333 CAMIN0 DEL RIO SOUTH, SUITE 125
(614) 297-9740
Page 1 of 10
NOTICE OF INTENT TO ISSUE PERMIT
On November 22, 1985 , the California Coastal Commission approved the
application of Sammis Properties , subject to
the attached standard and special conditions, for the development described
bel ow:
Description: Subdivision of a 167.9 acre site; Master Plan for approval of a
mixed use, planned community development, consisting of: a
graduate university, research and development offices,
recreational facilities, a commercial center, hotel conference
complex, 603 (maximum) residential units in single-family and
multi-family structures; and construction of Phase One of the
Master Plan consisting of a portion of the university and 129
residential units.
Master Plan
Lot Area Building Coverage Pavement Coverage Unimproved Area
Landscape Coverage
Parking Spaces
Zoning
Project Density
Max. Ht abv fin grade
167.9 acres .
29.3 acres (17%) 35.4 acres . (22%) 33.5 acres (18%) 69.7 acres (43%) 6,115
PC
13 du/ac (average for .all res. areas) 90-f eet
Location: North shore of Batiquitos Lagoon between Interstate 5 and
Carlsbad Boulevard, Carlsbad, San Diego County.
APNs 21 6-1 40-01,03,09,10 and 21 6-1 50-1 0
The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1 through 15 . When these conditions have been satisfied, the permit will be issued.
THOMAS A. CRANDALL
DISTRICT DIRECTOR BY
. ,F- /1 1. ’\,, .. NOTICE OF’INTEN~ TO IS--^ PERMIT NO. 6-85-482 ’ 6 563 Page ‘2 of ’10
STANDARD CONDITIONS:
1.
2.
3.
4.
5.
6.
7.
Notice of Receipt 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.
Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. be made prior to the expiration date. Application for extension of the permit must
Compliance. All development must occur in strict compliance with the proposal as set forth below. be reviewed and approved by the staff and may require Commission approval. Any deviation from the approved plans must
Interpretation. condition will be resolved by the Executive Director or the Commission. Any questions of intent or interpretation of any
Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice.
Assignment. assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
The permit may be assigned to any qualified person, provided
Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the
terms and conditions.
SPECIAL CONDITIONS:
1. In Fee Dedication.
A. Prior to transmittal of the coastal development permit, the applicant shall execute and record an irrevocable offer to dedicate fee title for the wetland portions of the site, designated on Exhibit No. 5 of the staff report. The document shall include legal descriptions of both the applicant’s entire parcel(s) and the area to be dedicated. The offer to dedicate shall be in a form acceptable to the Executive Director and run in favor of the People of the State of California. Said fee title may be accepted by the Wildlife
.A ’. . -‘ ”: NOTIGE OF ,INTENT TO IS.> PERMIT NO. 6 -8 5 -48 2
’ Page 3 of 10
d. 564
SPECIAL CONDITIONS - continued:
Conservation Board of the State of California or other public resource
management agency acceptable to the Executive Director. Any public agency
accepting such dedication shall limit uses in the area to natural resource
education, research or enhancement programs.
The offer of dedication shall be recorded free of prior liens, except for tax
liens, and free of prior encumbrances which the Executive Director determines
may affect the interest being conveyed.
binding to successors and assigns of the applicant or landowner.
dedicate shall be irrevocable for a period of 21 years, such period running
from the date of recording.
The offer to dedicate shall be
The offer to
B. Prior to transmittal of the Coastal Development Permit, the applicant shall execute and record an irrevocable offer to dedicate an open
space easement and deed restriction over the wetland portions of the site, designated on Exhibit No. 5 of the staff report. legal descriptions of both the applicant’s entire parcel and the easement areas and shall prohibit any alteration of landforms, placement or removal of vegetation, or erection of structures of any type unless approved by the Coastal Commission or its successor in interest, except as specified in this permit. Erosion control structures may be allowed within the restricted area if approved by the Executive Director, in consultation with the Department of Fish and Game, pursuant to the terms and conditions of this permit.
The document shall include
The offer of dedication and deed restriction shall be recorded free of prior
liens, except for tax liens, and free of prior encumbrances which the
Executive Director determines may effect the interest being conveyed. The offer shall run with the land in favor of the People of the State of Cali- fornia, binding successors and assigns of the applicant or landowner. The offer to dedicate shall be irrevocable for a period of 21 years, such period The deed restriction contained in the
offer shall be binding from the date of recording until its termination with the acceptance of the fee dedication.
a public agency as provided above in paragraph A, then this offer to dedicate
and deed restriction, or the open space easement created by the acceptance
thereof, shall terminate.
. running from the date of recording.
If title to the property is accepted by
2. Steep Slope/Bluff Habitat Areas. Prior to the transmittal of the
coastal development permit, the applicant shall submit, in a form acceptable
to the Executive Director, an irrevocable offer to dedicate to a public agency or to a private association acceptable to the Executive Director, an open
space easement over the steep sloping lagoon bluff areas of the site as
indicated on Exhibit #5 of the staff report.
'6,. r\ % ci., 565 . * * NOTICE OF'INTEN? TO IS,.^ PERMIT NO. 6-85-482 Page 4 of ' 10
SPECIAL CONDITIONS - continued:
The document shall include legal descriptions of both the applicant's entire parcel and the easement areas. It shall prohibit the alteration of landforms, placement or removal of vegetation, or erection of structures of any type unless approved by the Coastal Commission or its successor in interest, except as specified in this permit. Public pedestrian trails, erosion control
structures, and removal of debris shall be permitted, as approved by the Executive Director in consultation with the Dept of Fish and Game, pursuant to the Special Conditions of this permit.
Any improvements permitted in this area shall be maintained on an ongoing basis through one of the following means:
(1) The Batiquitos Lagoon Educational Park, with maintenance provided for in the CC&R's of the subdivision;
(2) a maintenance district;
(3) a public agency; or,
(4) the accepting agency, which shall have discretion of accepting maintenance responsibility at the time of acceptance of the easement.
Until maintenance is assumed by one of the above, the applicant shall retain responsibility for the area. Further, a maintenance plan designating responsibility shall be submitted for the review and written approval of the Executive Director.
Such easement shall be recorded free of prior liens, except for tax liens, and free of prior encumbrances which the Executive Director determines may effect the interest being conveyed. favor of the People of the State of California, binding the successors and assigns of the applicant or landowner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of
The offer shall run with the land in
' recording.
3. Future Development. This permit is valid only for the proposals listed below:
(A) Conceptual approval of the Batiquitos Lagoon Educational Park Master Pl an ;
(6) Subdivision of the site in accordance with Tentative Map 85-14;
and
(C) Implementation of Phase One of the Master Plan including: grading and construction for a portion of area A, areas B and C,
as indicated on Exhibit #4 of the staff report.
.* , i- ?, . * :NOTICE OF ~NTENT'TO IS--. PERMIT NO. 6-85-482 Page 5 of .lo ,
SPECIAL CONDITIONS - continued:
Subsequent implementation phases and elements of the project, including any
realignment of Carlsbad Boulevard, shall require review and approval under
[a] separate coastal development permit[s].
4. Erosion. Sedimentation and Drainage.
A. Submittal of Plans
Prior to the transmittal of the coastal development permit, the
applicant shall submit for the review and written approval of the Executive
Director an erosion, sedimentation and drainage plan for the project. The
plan shall be prepared and reviewed in accordance with the 1980 Master Drainage Plan for the City of Carlsbad, including the Model Erosion Control Ordinance contained in the plan.
The erosion, sedimentation and drainage plans shall include:
1) A runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the
greatest discharge expected from the existing undeveloped site
as a result of a 10-year, 6-hour frequency storm. Runoff control shall be accomplished by a variety of measures,
including but not limited to: detention basins, siltation traps and energy dissipators. on-site catchment basins,
2) Detailed maintenance arrangements and various alternatives for providing the on-going repair and maintenance of any
approved drainage and erosion control facilities including the
existing desilting basin located in area 0. off-site or on-site improvements are not to be accepted or
maintained by a public agency, detailed maintenance agreements
binding the applicants and their successors in interest shall
be secured prior to the transmittal of the permit. Such
agreements shall be subject to the review and written approval
of the Executive Director.
If the
3. the steep sloping bluff areas to be retained in open space
pursuant to Special Condition 2 of this permit and as
indicated on Exhibit #5 of the staff report. The plan shall
specifically prohibit operating or parking earth moving equip- ment within or through these areas, stockpiling of earthwork
A plan and map for the protective staking and fencing off of
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. ' NOTICE OF 'INTENf TO IS". PERMIT NO. 6-85-482 .. Page 6 of I 10
SPECIAL CONDITIONS - continued:
or other disturbances within open space areas, except as per-
mitted for erosion or sedimentation control purposes as allowed
under Special Condition #2. The plan shall provide for the
placement of fencing prior to any earthwork, grading or site
clearance. Coordination with the District staff of the Coastal Commission shall also be provided, in order to allow for a field
inspection after said staking and fencing is in place, but prior
commencement of grading, to assure compliance with the intent of
these special conditions.
to
B. Grading Activities.
For all phases of construction, the applicant shall comply with these additional provisions on grading and erosion control:
1. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities.
2. All grading activities, including that required for streets and utilities, shall be prohibited within the period from October 1st to March 31st of each year, except as permitted by the Executive Director with concurrence of the Department of Fish and Game and Carlsbad City Engineer, provided however in no event may an area greater than the First Phase be graded during said period
without prior approval of the Commission.
3. All areas disturbed by grading, but not completed during the construction period, shall be planted and stabilized prior to
October 1st with temporary or permanent (in the case of
finished slopes) erosion control measures and landscaping. The use
of temporary erosion control measures,such as berms, interceptor
ditches, sandbagging, filtered inlets, debris basins and silt traps,
shall be utilized in conjunction with plantings to minimize soil
loss from the construction site.
Said planting shall be accomplished under the supervision of a licensed landscape architect and shall consist of seeding, mulching,
fertilization and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be repeated, if the required level of coverage is not established with in that 90 day period.
This requirement shall apply to all disturbed soils, including stockpiles. All planting shall conform to an approved landscaping
plan per Special Condition #5 of this permit. Revegetation of
graded pad areas may be required upon a written determination by the
Executive Director that planting is necessary either to assure
adequate erosion and sedimentation control or to maintain the scenic integrity of the site.
- .. .- /", *! -. . NOTICE OT'INTEN~ TO IS, - PERMIT NO. 6-85-482
Page 3 of * 10 . " 568
SPECIAL CONDITIONS - continued:
5. Landscaping. Prior to the transmittal of the permit, a detailed
landscaping plan indicating the type and location of plants and hydroseeding
material, irrigation system and other landscape features for the project
shall be submitted for the review and written approval of the Executive
Director. Drought tolerant plant materials and native vegetation shall be utilized to the maximum extent feasible. landscape plan shall be reviewed by the Executive Director in consultation
with the State Department of Fish and Game to guard against introduction of any species which are inherently noxious to, or incompatible with, the
adjacent lagoon habitat.
The plant species list and
Landscaping in areas adjacent to the lagoon bluff, Interstate #5 and Carlsbad Boulevard shall include the use of specimen-sized trees to provided a
landscape screen to buffer development in these areas from view from the
adjoining roadways and from the lagoon. To assure that the landscape
screening remains effective through the life of the project, the CC&Rs of the
property owners association shall include provisions to prohibit the removal
of the landscape materials and to assure their continued existence in a
healthy and thriving condition.
6. Final Grading Plans. Prior to transmittal of the coastal development
permit, the applicant shall submit for the review and written approval of the Executive Director, the final grading plans for the Phase 1 grading approved in the subject permit.
finished contours and topography of the areas to be graded or filled, as well
as the existing topography of the areas to be left in their natural condition
as open space. The plans shall be certified by a registered engineer or
other qualified professional, to be true and accurate.
The plans shall clearly show the existing and
The plan shall also contain reasonably accurate estimates of the amount of cut and fill grading required. The plans shall further include a grading schedule which outlines the units of grading that can be completed durlng the
non-rainy season (April 1- Oct. 1). Any variation from this schedule shall be reported to the Executive Director immediately.
7. Buffer Zones/Setbacks. Prior to grading in area C, the applicant
The plans shall submit for the review and written approval of the Executive Director, final grading and buffer zone plans for the area to be graded.
shall reflect the following criteria and shall be reviewed in consultation
with the State Department of Fish and Game. This criteria shall be applied
to area C of the Master Plan, currently proposed for implementation, ycJ to
areas H, K and L of the Master Plan in subsequent permit applications pursuant to Special Condition # 3 of this permit.
. .. , -; cc .\' -\.; .. NOTICE OF INTENT TO 1: c PERMIT NO. 6-85-48 2
.I * Page €j of IO
SPECIAL CONDITIONS - continued:
Buffer zones between the lagoon bluff edge and bluff top structures for areas
C, H, K and L shall be provided in accordance with Exhibit#5 of the staff
report. Specifically, no buffer zone shall be less than 50-feet in width,
except for the areas of specific home sites in area C where a buffer zone
with a minimum width of 45 feet shall be allowed.
8. Applicant's AssumDtion of Risk. Prior to transmittal of the permit,
the applicant as landowner shall execute and record a deed restriction over
plan areas N.O.P,C.H,L and the southerly 100-feet of area K, in a form and content acceptable to the Executive Director, which shall provide: (a) that the applicant understands that the site may be subject to extraordinary hazard from erosion and the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any claim of liability on the part of the Commission and its advisors relative to the
Commission's approval of the project for any damage due to natural hazards.
The document shall run with the land, binding all successors and assigns, and
shall be recorded free of prior liens and encumbrances which the Executive
Director determines may affect the interest being conveyed.
9. State Lands Commission Review. Prior to transmittal of the coastal development permit, the permittee shall obtain a written determination from the State Lands Commission that:
A. No State Lands are involved in the development, or
8. State Lands are involved in the development and all permits
required by the State Lands Commission have been obtained, or
C. State Lands may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination.
10. Archaeology. A limited testing program followed by a program of implemental preservation and/or impact mitigation for sites identified in the EIR for the the project shall be implemented as recommended in the EIR and required by the City of Carlsbad. Any change in this requirement shall be reported to and approved in writing by the Executive Director.
11. Agricultural Conversion Mitigation Fee. The applicant shall submit evidence that, consistent with the Commission certified West Batiquitos Lagoon/Samnis Properties LCP segment, the required Agricultural Conversion
Mitigation Fee for the 100 acres of agricultural land affected by the subdivision and Master Plan, has been paid and that such funds have been deposited with the State Coastal Conservancy. The applicant shall have the
/? .. . **. /" .a . -I : . 1 NOTICE OF'INTENT TO IS, PERMIT NO. 6-85-482 Page 9 .of 10 ..
SPECIAL CONDITIONS - continued:
option of paying such fees in accordance with the three (3) phases of the project as specified in the Master Plan. prior to the transmittal of the coastal development permit and shall be subject to the review and written approval of the Executive Director.
Such evidence shall be submitted
12. Signaqe. Prior to the transmittal of the coastal development permit, the applicant shall submit a comprehensive sign program for the project which shall include the use of freeway directional signs and other community identification or directional signs to direct traffic to the site via the Avenida Encina access rather than the Carlsbad Boulevard access proposed for implementation in Phase 3 of the Master Plan.
shall be subject to the review and written approval of the Executive Director. The sign program
13. Public Access. Prior to transmittal of the coastal development permit, the applicant shall submit a public access plan for the project which assures compliance with the following requirements:
(A) The public access vista point proposed for area C shall be maintained for public use and shall be appropriately marked with public access identification signs at the vista points and other areas to direct the public to those sites.
(B) To provide access to the public access vista points proposed in area C, Navigator Circle shall not be limited to private use as currently indicated on project plans.
(C) A continuous public access path shall be provided along the north shore of Batiquitos Lagoon. The location of such access path shall be determined subsequent to Commission review of the
Batiquitos Lagoon Enhancement Plan. Should the approved enhancement plan include the determination that public access along the base of the bluffs is appropriate, provision of a path in that alignment shall be the responsibility of the applicant or, at the discretion
of the accepting agency, the agency which accepts the offer to dedicate an open space easement over the area pursuant to Special
Condition #2 of the permit, or, any other party identified as resposible for such improvements in the Enhancement Plan as approved
by the Commission.
Should the approved Enhancement Plan include the determination that a continuous public access path along the base of the bluffs would interfere with the habitat value of the lagoon resources, the continuous path shall be provided within the bluff-top setback area along the top of the lagoon bluffs in areas C, H, K and L
respectively. In either case, a path of adequate width (minimum 10 feet) shall be provided with sufficient improvements to provide reasonable access along the north shore of the lagoon.
1. 2. .:w -p
.A
G : NOTICE OF 'INTENT TO IS, PERMIT NO. 6 -a5 -48 2 ..
C
SPECIAL CONDITIONS - continued:
To assure compliance with this condition, the applicant shall record the requirements listed in paragraphs A, B and C above, against the property in the form of a deed restriction. The form and content of the deed restriction shall be subject to the review and written approval of the Executive Director. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed.
14. Water Features. Prior to construction of any of the "water features" proposed, the applicant shall submit final plans for such features for the review and written approval of the Executive Director in consultation with the State Department of Fish and Game. Neither the use of water pumped from Batiquitos Lagoon for such features, nor the outflow of water from the water features into the lagoon, shall be allowed unless specified in the Batiquitos Lagoon Enhancement Plan as reviewed and approved by the Coastal Commission.
15. Building Height/Haterials. In order to protect the scenic quality of the area, all phases of the project shall conform to the following criteria:
(A) The materials used for construction of the first row of structures along the lagoon bluffs shall be composed of wood and earth tones. walls and red tiled roofs shall be prohibited for use on these struc- tures. exceed 25 feet.
White
The maximum height for the structures within this area shall not
(B) No structures, other than the 90-foot campanile and the 55-foot-high volleyball training gymnasium, shall exceed a height of the 35-feet.
(1 31 8A) 86-308762