Termination Agreement to remove Exhibit B to 1983 Corporation Grant Deed be Industries, Inc., and the CoSD, & for the First Amendment ....
Summary
SCH Number
2025110004
Public Agency
City of San Diego
Document Title
Termination Agreement to remove Exhibit B to 1983 Corporation Grant Deed be Industries, Inc., and the CoSD, & for the First Amendment ....
Document Type
NOE - Notice of Exemption
Received
Posted
11/3/2025
Document Description
The proposed actions include: (1) a Termination Agreement to remove Exhibit B to 1983 Corporation Grant Deed between Ocean Industries, Inc. (successor by merger to Watt Industries/San Diego, Inc.) and the City of San Diego (City) filed in the Office of the County Recorder of San Diego County as Document Number 382984
on October 24, 1983 (“Termination Agreement”) and (2) a First Amendment to City of San Diego Percentage Ground Lease (“First Amendment”) by and between the City and Surf Sports, LLC (“Surf”). Removing the 1983 grant deed restrictions does not mean the City will increase the number of large events held on the property each year, as concurrently with the Termination Agreement, the City would approve the First Amendment to the Percentage Ground Lease to remove references to the grant deed in the lease and to add in provisions that would require Surf to continue the same activities and programs that have occurred on the site for decades.
The First Amendment clarifies the definition of what a large event is for both sporting events and non-sporting events and provides a metric by which non-sporting events can be measured and counted against the 40-day limit on large events. This will enable the City to better enforce the limitations on large events going forward. For sporting events, a large event will be defined as any event that uses 75 percent or more of the playing fields. This typically means 18 or more of the 25 playing fields utilized for sporting tournaments; however, in the event a standard sized playing field is broken down into two smaller fields for younger players, it will only count as one field for purposes of calculating the number of fields being used. Adding this clarity
through the First Amendment will assist the City with its ongoing lease enforcement efforts.
Contact Information
Name
Rebecca Malone, AICP
Agency Name
City of San Diego
Job Title
Project Manager
Contact Types
Lead/Public Agency
Address
Phone
Email
Name
Mary Carlson
Agency Name
City of San Diego
Job Title
Assistant Deputy Director
Contact Types
Parties Undertaking Project
Phone
Email
Location
Cities
San Diego
Counties
San Diego
Regions
Citywide
Other Location Info
14555 El Camino Real, Del Mar, CA 92014
Other Information
The project is located in the Community Planning Area of Fairbanks Ranch Country Club within Council District 1.
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
CEQA Guidelines Sections 15323 (Normal Operations of Facilities for Public Gatherings) and 15301 (Existing Facilities)
Reasons for Exemption
The Environmental Analysis Section of the City Planning Department determined that the proposed Termination Agreement and First Amendment, which will allow for continued operations on City-owned land where the use has existed for over 30 years, is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15323 (Normal Operations of Facilities for Public Gatherings) which exempts activities
that consist of the normal operations of existing facilities for public gatherings for which the facilities were designed, and where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, “past history” shall mean that the same or similar kind of activity has been
occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. In addition, the Termination Agreement and First Amendment are also exempt under CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. None of the exceptions to the exemptions found in CEQA Guidelines Section 15300.2 would apply. R-316479
County Clerk
San Diego
Attachments
Notice of Exemption
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