HomeMy WebLinkAboutPD 2020-0008; Church, Barry A. and Shanna L.; 2023-0130982: Easement.. RECORDING REQUESTED BY:
2 WHEN RECORDED MAIL TO:
DOC# 2023-0130982
11111111111111111111111111111111111111111111111111111111111111 IIII IIII
May 18, 2023 12:12 PM
OFFICIAL RECORDS
JORDAN Z. MARKS, California Coastal Commission
3 455 :Market Street, Suite300
San Francisco, CA 94105
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0 .00)
4 PAGES: 31
. Attn: Legal Division 5
6 APN: 206-200-04-00
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OPEN SPACE AND HABITAT:CONSERVAJ'lON DEED RESTRiCTION
THIS OPEN SPACE AND HABITAT CONSERVATION DEED RESTRICTION (this '~Deed . . ~ .
Restriction") is made as of the date set forth on the attached signature page by Barry A. Church and
Shanna f:. Church, Trustees of the Church Family Trust, dated September 19, 2019 ("Owners'').
I. WHEREAS, Owners are the record owners in fee of the real property located in the
City of Carlsbad, County of San Diego, as more particularly described iri EXHIBIT A attached hereto
and incorporated herein by this reference.(the "Property"); and
II. WHEREAS, the California Coastal Commission (the "Commission") is acting on
19 behalf of the People of the State of California; and
20 III. WHEREAS, the Property is located within the coastal zone as defined m § 30103 of
21 • · · • Division 20 of the California Public Resources Code (the ''Act"); and
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IV. WHEREAS, on September 10, 2021, the Conuniss1on conditionally approved Coastal
. . .
Development PermitNo. 6-20-0685 (the "Permit") in accordance with the staff recommendations and 24
25 .findings report (which report is ori file and available for review at the Commission's office and is
26 . incorporated herein byreference)(the "Staff Report"), artd the "Notice ofintent to Issue Permit" dated
27 September 17, 2021, which is attached hereto as EXHIBIT B and incorporated herein by this
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reference, subject to the terms and conditions set forth in such document, including the following
condition(the "Condition"):
"3. Open Space Deed Restriction
a. No development, as .defiiledin Section 30106 of the Coastal Act, shall occur within the open
space area between the lagoon edge and 100 feet upland of the mean high tide line ( currently
estimated as 4.44 feet NA VD88) .and as generally depicted on Exhibit 4, except for:
1. Installation, within the landward 50 feet of the buffer, of a sewer connection to
support the development authorized by this coastal development permit, limited fo the
minimum amount of ground distirrbance necessary and with the use of BMPs to
protect water quality in accordance with Special Condition No. 9;
11. Nativelandscaping in accordance with Special Condition. No. 2;
iii. Brush management, within the iandward 50 feet of the buffer, in accordance with
Special Condition No. 2;
1v. Improvements associated with the public access easement required by Special
Condition No. 4, including the access path authorized by Special Condition No. 5, the
sjgnage program authorized by Special Condition No. 7, and any other improvements
contained within the easement, a:s approved by the Coastal Commission as ari
amendment to this coastal developmentpennit or by a new coastal development
pe1mit.
v. Reburial of any cultural resources discovered on the site consistent with the
requirements of the Cultural Resources Treatment and Monitoring Plan required by
Special Condition No. 1 L •
b. PRIOR TO THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the applicant
shall execute and record a deed restriction in a form arid content acceptable to the Executive
Director, reflecting the above restrictions on development in the designated open space ar_ea.
The recorded document(s) shall include a legal description and_ corresponding graphic
depiction of the legal parcel(s) subject to this pe1mit and a metes and bounds legal description
and a corresponding graphic depiction, drawn to scale, of the designated open space area
prepared by a licensed surveyor based on an on-site inspection of the open space area,
c. The deed restriction shall be recorded free of prior liens and any other encmnbrances that the
Executive Director determines may affect the interest being conveyed.
d. The deed restriction shall run with the land in favor of the People of the State of California,
binding successors and assigns of the applicant or landowner in perpetuity; and
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V. WHEREAS, the Commission fomidthat but for the imposition of the .Condition th~
proposed development could not be found consistent with the provisions of the Act and that a pennit
could therefore not have been granted; and
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VI. WHEREAS, Owners have elected to comply with the conditions imposed by the Permit
and execute this Deed Restriction so as to undertake the development authorized by the Permit.
NOW THEREFORE, in consideration of the above and the mutual .benefits and conditions set
forth herein, the substantial public benefits for the protection of coastal resources to ·be derived, the
granting of the Permit by the Commission, and for other good and valuable ·consideration, the receipt
ancl sufficiency of which is hereby acknowle~ged, the Owners hereby·irr:evocably _agree and covenant
with the Commission that there be and hereby is created the following restrictions on the use and
enjoyment of the Property, to be attached to and become a part of the d.eed to the Pi·operty, binding
successors and assigns of the Owners in perpetuity.
1. COVENANTS. CONDITIONS AND RESTRICTIONS. The undersigned Owners, for
themselves and their assigns and successors in interest, covenant and agree that the uses of the atea of
the Prnperty described and depicted in EXHIBIT C, attached hereto and incorporatedherein by
reference (the "Deed Restricted Area"), are hereby restricted to· open .space conservation, native
landscaping and public access pursuant to Special Condition #4, and any and all development rights
that exist or may exist for the Deed Restricted Area are hereby restricted in perpetuity subject to the
terms of subsection (a) of the Condition. No development (as defined iri Section 30106 of the Coastal
Act, attached hereto as EXHIBIT D and incorporated herein by this reference) shall occur in the Deed
Restricted Area with the exception of those activities described above in sections(a)(i-v) of the
Condition.
2. DURATION. This Deed Restriction shallremain in full force and effect in perpetuity
and shall not be removed or changed without a Commission issued amendment to the Permit.
3. EXISTING USES. This Deed Restriction shall not be used or construed to allow
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anyone to interfere with any rights pf public ac~ess required through use which may exist on the
Property.
4. TAXES AND ASSESSMENTS. It is intended that this De.ed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, § 8, of the . .
,
California Constitution; and b) § 402.1 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§ 3712(d) of the California Revenue and Taxation Code, or
successor statute, which survives a sale of tax-deeded property.
5. RIGHT OF ENTRY. The Commission or its agents may ~nter onto the Property at
times reasonably acceptable to the Owners to ascertain whether the use restrictions set forth above are
being observed.
6. REMEDIES. Any act, conveyance, contract, or authorization by Owners, 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 Owners may pursue any and all available legal and/or equitable remedies to enforce the terms and
conditions of this Deed Restriction. In the eve1it of a breach, any forbearance on the patt of either
party to enforce the terms and provisions hereof shall not be deemed a waiver of.enforcement rights
regarding any subsequent breach.
7. SUCCESSORS AND ASSIGNS. The te1ms, covenants, conditions; exceptions,
obligations, and reservations contained in this Deed Restriction shall be deemed to be covenants,
conditions and restrictions running with the land in perpetuity and shall be binding upon and inure to
the benefit of the successors and assigns of Owners, whether voluntary or involuntary.
8. SEVERABILITY. If any provision of this Deed Restriction is held to be invalid, or for
any reason becomes unenforceable, rio other provision shall be affected or impaired.
***SIGNATURES ON THE FOLLOWING PAGE***
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3 Dated:. '+ ,,. I 7 -, 2023
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Barry A.· Church, Trustee of the Church Family
Trust dated September 19, 2019
~mreft/wrrJ SliaL~Church, Trustee: of the Church Family
Trust, dated September 19, -2019
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27 ***NOTARY ACKNOWLEDGMENT ON THE FOLLOWING PAGE***
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the docmnent to which this certificate. is attach and not the truthfulness, accuracy, or validity of that document.
STATE OF (!,/t..L.l \=-OV2..N \ A
COUNTY OF 8.AM o,~o
On u l/v1 ~· ~t!/1( before me,o,avz,i0 ~-C!6H I "ns 'Notary Public, personally appeared
P:at'Z.1?'-< A . ~ L.(~ , who proved to me on the basis of satisfactory evidence to be the person( s)
whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed. the
same in his/her/their authorized capacity( ies ), and that by his/her/theit signature(s) on the instrument, the
person(s), or the entity upon .behalf of which the person(s) acted, executed th.e instrun1ent.
I certify under PENALTY OF PERJURYunder the laws of the State of e..At.1r01'lOJ.A that the
foregoing paragraph is tme and correct.
(Seal)
MARIA c. COLLINS . l COMM. #2389900 z
Notary Public • California ~ · San Diego County . ...
M Comm. Ex Ires Feb. 5, 2026
A notaiy public or other officer completing this ce11ificate ve1ifi~s only the identity of the individul;ll who signed·
the document to which thts certificate is attach and notthe tmthfulness, accuracy; or validity of that document. •
On fYJ~ l '"" Z.023, before me, (\J\ ayeitt (!, . C,ol Ir~ , Notary Public, personally appeai·ed
3hccY\Yl a. t ~e,,~ , who·provedto me on the basis ofsatisfact01y evidence to be the person(s)
whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instru1nent; the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I ce11ify under PENALTY OF PERJURY under.the laws of the State of California that the foregoing
paragraph is true and correct.
• WITNESS my hand and offic.ial seal.
SignahrrJJ;ulia U---,, (Seal)
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MARIA C. COLLINS [
COMM. #2389900 z
Notary Public • California ~
San Diego County 2 MJ Comm. Expires Feb. 5, 2026 f
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The Deed Restriction set forth above -is hereby acknowledged by the undersigned officer on behalf of
the California Coastal Commission pursuant to authority conferred when it granted Coastal •
Development Permit Amendment No. 6-20-0685, on September 10, 2021, and the California Coastal
Commissio·n consents to recordation th~reof by its duly authorized representative. 5.
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Dated: ~ / G, 2 (22 5
CALIFORNIA COASTAL COMMISSION
Lornse Warren, General Counsel
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A notary public or other o_fficer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attach and not the truthfulness, accuracy, or validity of that document.
ST A TE OF CALIFORNIA
coUNTY oF Soo fiut,J, v cA e o
. On O! /15 fe. D,Q:3 , before me, ::OoJJIJil+ /+u8S,Q.l.b-=-;-Notary Public, perso~ally appeared
lOll-fBG' W,ie .. ,vii.;, 'who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the
person( s ), or the entity. upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(Seal) a DONNA HUIIIIAIID
-Noury Public -C..Ufomla 1f i San Francisco County
Commission II 2357505 -
My Comm. Expires Jun 2, 2025
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EXHIBIT A
(Legal Desctiption of Property)
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PRELIMINARY ~EPORT
YOUR REFERENCE:
EXHIBIT A
LEGAL DESCRIPTION
Fidelity National Title Company
ORDER NO.: 00202780-008-CP-2MM
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE VI/ESTERLY 75 FEET OF THE EASTERLY 150 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, JN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 2152, FILED MARCH.?, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID
EASTERLY 150 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6
AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID
EASTERLY 150 FEET, IN THE OFFICEOF THESAID COUNTY RECORDER
APN: 206-200-04-00
CLTA Preliminary Report Form -Mqdified (11/17/06) Page 3
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EXHIBITB
(Notice of Intent to Issue Permit No. 6-20-0685)
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STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CALIFORNIA 92108-44.02
PH (619) 767-2370 FAX (619) 767-2384
WWW.COASTAL.CA.GOV
GAVIN NEWSOM, GOVERNOR
September 17, 2021
.Permit Application Number: 6-20-0685
NOTICE OF INTENT TO .ISSUE PERMIT
{Upon satisfaction of special conditions)
THE SOLE PURPOSE OF 'THIS NOTICE IS TO INFORM THE APPLICANT OF THE
STEPS NECESSARY TO OBTAIN AVALID AND EFFECTIVE COASTAL
DEVELOPMENT PERMIT {"CDP"). A Coastal Development Permit for the development
described below has been approved but is not yet effective. Development on the site
cannot commence until the CDP is effective. In order fodhe CDP to be effective, .
•Commissioostaff must issue the CDP tothe applicant, and the applicant mustsign and
return the CDP. Commission staff cannot issue the CDP until the applicant has
fulfilled each of the "prior to issuance" Special Conditions. A list of all the Special
Conditions for this permit is attached:
The Commission's approval of the CDP. is valid for two years from the date of approval..
To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special • •
Conditions, obtain and sign the CDP, and.commence development within two years of
the approval date specified below. You may apply for an extensionofthe permit
pursuant to the Commission's regulations at Cal. Code Regs. title 14,. section 13169.
On September 10,.2021, the California Coasta.I Commission approved·Coastal
Development Permit No. 6-20-0685 requested by Barry & Shanna Church subject to the
attached conditions, for development consisting of: Construction of an approximately"
. 4,930 sq. ft~, two-story single~family residence with attached garage and pool,
dedication of a 25-foot wide easement landward of the me~n high tide line for lateral
public access along the lagoon, and approximately 1,252 cubic yards of grading on a
0.49 acre lot. Also proposed i!> the reme>val of unpermitt~d sand and resol4tion of
unpermitted native vegetation removal, mote specifically described in the application
filed in the Commission offices. Commission staff will not issue the CDP until the
"prior to issuance". special conditions have been satisfied.
The development is within the coastal zone at Adams St, Carlsbad, San Diego
County (APN 206~200-04)
If you have any qLJestions · regarding how to fulfill the "prior to issuance" Special
Conditions for CDP No. 6-20-0685, please contactthe Coastal Program Analyst
identified· below.
Page2
September 17, 2021
Permit Application No.: 6.-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
cc: Commiss,oners/Fite
ACKNOWLEDGMENT
(Upon satisfaction of special conditions)
Sincerely;
John Ainsworth
Executive Director·
f1y
Carrie Boyle
-Coastal Program Analyst
The undersigned permittee acknowledges receipt of this Notice and fully understands its
contents, including all conditions imposed.
Cf~io-~,
Date
(b~ ~.. 3/J cuY\ct ~
Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
STANDARD CONDITIONS
1: Notice of Receipt and Acknowledgment. The permit is. not valid and dev_elopment
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, then permit will expire two.years
from the date on whichthe·Commission voted on theapplication. Development shall be
pursued in a diligent manner and completed in a reasonable period of time. Application
for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
Page 3
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction ofspecial conditions)
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission and affidavit accepting all terms and conditions of
• the. permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission anci the perrnittee to bind all fuhJre
owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
1. Final Plans
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
• applicant shall. submit, for the review and written approval of the Executive
Director, final site and architectural plans approved by the City of Carlsbad that
are in substantial conformance with the site and architectural plans by
McCullough Design Development dated August 23, 2018 and received March
31,2021.
b. The permittee shall undertake development in conformance with the approved
final plans unless the Commission amends this permit or the Executive Director
determines that no amendment is legally required for any proposed minor
deviations.
2. Revised Landscape and Fuel Modification Plans.
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and written approval of the Executive
Director, a full-size set of final landscape ahd fuel modification plans approved
by the City of Carlsbad and the Fire Department that are in substantial
conformance with the landscape plans prepared byOcotillo Design Group
received March 31, 2021, except'that they shall be modified as follows:
i. A planting schedule that indicates that the planting plan shall be
implemented within sixty (60) days of completion of construction.
ii. All graded soils shall. be stabilized with planting at the completion of final
grading. Such planting shall be adequate to provide 90 percent coverage
within· two (2) years.
Page 4
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUEPERMIT
(Upon satisfaction ofspecial conditions)
iii. All landscaping shall be drought-tolerant, fire resistant, non-invasive
(preferably.native) plant species that are obtained.from.local stock, if
available, and which have been pre-approved by a Coastal Commission
staff ecologist. Use of turf irrigated with potable water shall be minimized
and irrigated with micro-spray systems. No plant species listed as
problematic or invasive by the California Native Plant Society
(http://www.CNPS.org/), the California Invasive Plant Council
(http://www.cal-ipc.org/), or as may be identified from time to time by the
State of Calif9rnia shall be employed or allowed to naturalize or persist
on the site. No plant species listed as "noxious weed" by the State of
California or U.S. Federal Government.shall be planted or allowed to
naturalize or persist on the site.
iv. Within the 100-foot wide wetland buffer, Arctostaphy/os (Emerald
Carpet) and Juncus acutus leopoldii shall be replaced with native,
drought tolerant ·coastal sage scrub community species.
v. Within the development footprint, Vinca major, Cycasrevoluta, flex
crenafa, .and Sanselveria trifasciata shall be replaced with non ... invasive
plants that are non-toxic to wildlife. Agave 'Blue Glow', Agave attenuata,
Cordyline 'Sprilecpink', Echevaria 'lipstick', Passif/ora ·•Ruby Glow',
Photmium tenax Green Ffax, Phormium tenax 'Tiny .Tiger', Rhaphiolepis
umbe/lata 'minor', and Salvia leucantha 'Santa Barbara' shall .be
repl~ced with non-cultivars; Trees along the frontage of Adams Stree~
that woUld block views of the lagoon shall be eliminated.
vi. All existing non-native species on site shall be removed, with the sole
exception of non-native annual grasses, which shall be removed to the
extent practicable if found in high densities onsite.
viL The placement of a minimum of one non-invasive specimen size tree
(24.;inch box minimum) that has been pre-approved by the Coastal
Commission staff ecologist for every 20 feet of structure along the south-
facing portion of the lot and arranged to maximize screening of the
structure from views from Agua Hedionda Lagoon and Interstate 5. A
minimum of 3 trees shall be provided lagoonward of the building pad for
the proposed residence. The required trees shall be planted within 60
days of completion of residential construction and be maintained in good
growing condition for the life ofthe development. The plan shall also
indicate that all landscaping including the required trees shall consist of
species which do not reach sufficient height to block public views from
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September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Adams Street. Said landscaping shall be designed to mitigate the visual
impact of the structure as viewed from the lagoon and Interstate 5.
ix. All landscaped areas on the project site shall be maintained in a litter-
free, weed-free, and healthy growing condition throughout the life of the
proje,ct and, whenever necessary, shall be repl~ced with new plant
materi.als to ensure continued compliance with applicable landscape
requirements.
x. Five years from the date of the issuance of the coastal development
permit, the Permittee shall submit for the review .and written approval of
the Executive Director a landscaping monitoring report, prepared by a
licensed Landscape Architect or qualified resource specialist, that
certifies whether the on-site landscaping is in conformance with the
landscape plan approved pursuantto this special condition. The
monitoring report shall include photographic documentation of plant
species and plant coverage.
If the landscape monitoring report indicates the landscaping· is not in
conformance with.or has failed to meet the performance standards
specified in the landscaping plcm approved pursuant to this permit, the
Permittee shall·submit a revised.or supplemental landscape plan for the
review and written approval of the Executive Director. The revised
landscaping ·plan must be prepar'3d by a licensed Landscape Architect or
qualified resource specialist and shall specify measures to remediate
those portions of the approved landscaping plan that have failed or are
not in conformance with the original approved plan.
xi. The use of rodenticides containing any anticoagulant compounds is
prohibited.
xii. All irrigation systems shall limit water use to the maximum extent
feasible. Use of reclaimed water for irrigation is encouraged. If
permanent systems using potable water are included in the landscape
plan, they shall use water conserving emitters (e.g., micro spray) and
drip irrigation only. Use of reclaimed water ("gray water "systems) and
rainwater catchment systems are encouraged. Other water conservation
measures shall be considered, including use of weather-based irrigation
controllers.
xiii. No fuel modification shall occur within 50 feet of the lagoon.
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September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
b. All revised landscape plans shall be prepared and certified by a licensed
professional· or professionals as applicable (e.g., landscape architect or
resource specialist), based on current information and professional standards,
and shall be certified to ensure that they are consistent with the Commission's
approval. •
c. The permittee shall undertake development in conformance with the approved
final plans unless the Commission amends this permit or the Executive· Director
determines that no amendment is legally required for any proposed minor
deviations.· •
3. Open Space Deed Restriction.
a. No development, as defined in Section 30106 of the Coastal Act, shall occur in
the open space area between the lagoon edge and 100 feet upland of the
mean high tide line (currently ~stimated as 4.44 feet NAVP88) and as generally
depicted on Exhibit 4, except for: • •
i. Installation; within the landward 50 feet ofthe buffer, of a sewer
connection to support the development authorized by this coastal
development permit, limited to the minimum amount of ground
disturbl:lnce necessary and with the use of BMPs to protect water quality
in accordance with Special Condition No. 9;
ii. Native landscaping in.accordance with Special Condition No. 2;
iii. Brush management, within the landward 50 feet of the buffer, in
accordance with Special Condition No. 2;
iv. Improvements associated with the public access easement required by
Special Condition No. 4, including the access path authorized by Special
Condition No. 5,.the signage program authorized by Special Condition
No. 7, · and any other improvements cont;3ined within the easement, 8$
approved by the Coastal Commission as an amendment to this coastal
development permit or by a new coastal development permit
v. Reburial of any cultural resources discovered on the site consistent with
the requirements of the Cultural Resources Treatment and Monitoring
Plan required by Special Condition No. 11.
Page 7
September 17, 2021
Permit Application No.: 6.,20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction ofspecial conditions)
b. PRIOR TO THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction in a form and content
acceptable to the Executive Director, reflecting the above restrictions on
developmentin the designated open space area. The recbrded document(s)
shall include a legal description and corresponding graphic.depiction of the
legal parcel(s) subject to this permit and a metes and bounds legal description
and a corresponding graphic depiction, drawn to scale, pf the designated open
space area prepared by a licensed surveyor based on an on-site inspection of
the open space area.
c. The deed restriction shall be recorded free of prior liens and any other
encumbrances that the Executive Director determines may affect the interest
being conveyed. •
d. The deed· restriction shall run with the · Iand in favor of the People of the State of
California, binding successors and assigns of the applicant or landowner .in
perpetuity.
• 4. Lateral Public Access Easement
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a document in a form and content acceptable
to the Executive Director,. irrevocably offering to dedicate to a public agency or
private entity,·approved by the Executive Director, a lateral public access
easement for public access and recreational uses in perpetuity. The easement
shall be located -along the entire width of the property along the Agua Hedionda
Lagoon shoreline and shall extend 25 feet upland of the mean high tide line
(currently estimated as 4.44 feet NAVD88), which is understood to be
arnbulatory from day to day, and as shown in Exhibit 6, arid shall include terms
arid conditions consistent with this permit, including Special Condition Nos. 5
and 7 of this permit. No development, as defined in Section 30106 of the
Coastal Act, shall occur within the easement area except for the improvements
authorized by this coastal development permit by Special Condition Nos. 3, 5,
and 7.
The recorded document shall inclLJde a legal description and corresporn;:ling
graphic depiction of the legal parcel subject to this permit and a metes and
bounds legal description and a corresponding graphic depiction, drawn to scale,
of the perimeter of the -easement area prepared by a licensed surveyor based
on an on-site inspection of the easement area.
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Page 8
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
The public access easement shall be ambulatory, and the easement boundaries
and any future amenities.(e.g., path, trail, benches, etc.) shall move inland
within the permittee's property, if relocation and/or reconstruction of access
amenities in the easement area are necessary to retain their continuity and/or
utility: No development, except for an improved pedestrian pathway and
associated trail amenities, shall occur within the above-identified easement.
b. The irrevocable offer to _dedicate shall be recorded free of prior liens and any
other encumbrances that the Executive Director determines may affect the
interest being conveyed. The document shall provide that.the offer of dedication
shall not be used or construed to allow anyone to interfere with any rights of
public access acquired through use which may exist on the property.
c. The offer to dedicate shall run with the land in favor of the People of the State of
California,• binding successors and assigns of the applicant or landowner in
perpetuity; and shall be irrevocable for a period of 21 years, such period running
from the date of recording, and indicate that the restrictions on the use of the
land.shall be in effect upon recording and rerriain as covenants, conditions and
restrictions running withthe land in perpetuity, notwithstanding-any revocation of
the offer.
• 5. Public Access · improvements.
a. By acceptance of this permit, the applicant agrees for itself and its successors to
the property to be responsible for future implementation and development,
including but not limited to the planning, permit procurement, construction, and
all costs associated therewith, of an improved path of a minimum often (10) feet
in width or as specified in the citywide trails plan certified by the Commission in
the future. The trail shall be suitable .for use by pedestrians as specified by the
public access easement required pursuant to Special Condition No. 4 of this
coastal development permit. Within 90 days after ari approved entity has
recorded an acceptanc_e of the easement as required by Special Condition No.
4, or, if the Commission has not already certified a final trails plan that proposes
a trail for the property at that time, within 90 days of certification of an LCP
amendment that incorporates the City of Carlsbad's final trails plan that
proposes a trail for this property; the permittee shall submit plans for
construction of the trail across the property for review and written approval of
the Executive Director. The permittee shall implement the plans within 90 days
of Executive Director approval. Said path shall be constructed in accordance
with the City of Carlsbad's final trails plan for the north shore of Agua Hedionda
Lagoon. The easement holder shall be responsible for maintenance of the trail.
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Page 9
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
b. Until submission of the trail _plans to the ExecuUve Director, no improvements
within the area subject to the public access easement offer shall tie permitted,
unless otherwise authorized or required under the Coastal Act Future public
access trail improvements shall require an amendment to this permit, separate
coastal development permit, unless the Executive Director determines a permit
or amendment is not legally required.
6. Deed Restriction.
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit to the Executive Director for review and approval
documentation demonstrating that the applicant has executed and recorded against
the parcel(s) governed by this permit a deed restriction, in a form and content
acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the
California Coastal Commission has authorized development on the subject
property, subject to terms and conditions that restrict the use and enjoyment of that
property; and (2) imposing the Special Conditions of this permit as covenants,
conditions and restrictions on the use and enjoyment of the Property. The deed
restriction shall include a legal description of the entire pc1rcelor parcels governed
by this permit. The deed restriction shall also indicate that, in the event of an
extinguishmentor termination of the deed restriction for any reason, the terms and
conditions ofthis permit shall continue to restrict the use and enjoyment of the
subject property so long as either this permit or the development it authorizes, or
any part, modification, or amendment thereof, rem_ains in existence on or with
respect to. the subject property.
7. Public Access Sign Program. •
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for review and written approval of the Executive. Director,
a public access signage program that includes the following:
i. A public access sign of Commission-approved design, consistent with the
approved design of the Agua Hediohda Lagoon Foundation signage
program as shown in Exhibit 7, and informing the public of the existing
public access easement fronting the lagoon at the subject site shall be
installed in an easily visible location at the easternmost end of the public
access easement concurrently with future construction of trail
improvements pursuant to Special Condition No. 5.
b. The. permittee shall undertake the development in accordance with the
approved signage program. Any proposed ,changes to the approved signage
Page 10
September 17, 2021
Permit Application No.: 6.,20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisf~ction ofspeeial conditions)
program shall be reported to the Executive Director. No changes to the signage
program shall occur without a Coastal Commission~approved amendment to
this coastal development permit unless the Executive Director determines that
no amendment is. legally required.
8. Exterior Treatment.
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and written approval of the Executive
Director, a color board or other indication of the exterior materials and color
scheme to be utilized in the construction of the proposed residence and
accessory structures (fences and walls). The color of the structures permitted
herein shall be restricted to colors compatible with the surrounding environment
(earth tones) including shades of green, brown, and gray, with no white or light
shades and no bright tones except as minor accents.
b. The permittee shall undertake the development in accordance with the
approved color board. Any proposed changes to the approved color bpard shall
be reported· to the Executive Director. No changes to the plans shall occur
without a Coastal Commission approved amendment to this coastal
development permit unless the Executive Director determines that no
amendment is legally required.
• 9. Construction and Pollution Prevention Plan.
a. The permittee shall comply with the Tier 2 City Storm Water Pollution
. Prevention Plan, prepared by Sowards & Brown Engineering, dated October 8,
2020, regarding erosion control during construction.
b. To minimize wildlife entanglernentand plastic debris pollution, any temporary
rolled erosion and sediment control products used (such as fiber rolls, erosion
control blankets, and mulch control netting) shall either be netting-free or shall
contain plastic-free biodegradable natural-fiber netting (such as jute; sisal, or
coirfiber). Degradable plastic netting is not an acceptable alternative. When no
longer reqµired, temporary erosion and sediment control products shall be
promptly removed.
c. The permittee shall undertake development in accordance with these approved
erosion control plans, unless the Commission amends this permit or the
Executive Director determines that no amendment is legally required for any
proposed minor deviations.
---------------_,_ _____ ----------
Page 11
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
10. Post-Development Runoff Plan.
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the
applicant shall submit, for the review and written approval of the Executive
Director, the following information:
L An explanation of the design of the proposed BM Ps to verify that they are
sized sufficiently to retain and treat the stormwater from the project site.
The detention vault shall be_ sized to detain the 85th percentile 24-hour
design storm for the area that flow to the detention vault, and the
biofiltration basins shall be ~ized to -treat the 85th percentile 1-hour storm
flow (multiplied by a safety factor of 2) for the area that flows to the
filtration: BMPs.
iii. Design sizing calculations that include a description of the variables and
how the :Values of each variable were determined for the calculation.
iii. The total amount of paved area from which runoff will be treated by the
bioswale, and the total amount of paved area from which runoff will be
captured by the stormwater detention vault.
b. The permittee shall comply with the Tier 2 City Storm Water Pollution
Prevention Plan prepared by Sowards & Brown Engineering, dated October 8,
2020, regarding water quaiity and post-development runoff plans.
c. The permittee shall undertake development in accordance with these p_ost-
development runoff plans, unless the .Commission amends this permit or the
Executive Director determines that no amendment is legally required for any
proposed minor deviations.
11. Cultural Resources Treatment and Monitoring Plan.
a. PRIOR TO ISSUANCE OF THE.COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for the review an·d approval of the Executive Director an
archaeological/cultural resources monitoring plan prepared by a qualified
professional, which shall incorporate the following measures and procedures:
• i. The monitoring plan shall ensure that any prehistoric archaeological or
paleontological or Native American cultural resources that are present on
the site· and could be impacted by the approved development will be
identified so that a plan for their protection can be developed. To this end,
the cultural resources monitoring plan shall require that archaeological
---------------------
Page 12
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction ofspecial conditions)
and Native American monitors be present during all grading operations
and subsurface construction activity that has the potential to impact
cultural resources.
ii. There shall be at least one pre-grading conference with the project
manager and grading contractor at the project site in order to discuss the
potential for the discovery of archaeological, cultural, or paleontological
resources.
iii. Archaeological monitor(s) qualified by the California Office of Historic
Preservation (OHP) standards, Native American monitor(s) from
traditionally arid culturally affillatedTribe(s) that are included on an
updated Native American Heritage Commission (NAHC) list, and the
Native American most likely descendent (MLD) when State Law mandates
identification of a MLD, shall monitor all project grading and subsurface
construction activity (such as trenching for utilities)that has the potential to
impact cultural resources, as required in the approved cultural resources
monitoring plan required above.
vi. The permittee shall provide sufficient archaeological and Native American
monitors to assure that all project grading and subsurface construction
activities that has ·any potential to uncover or otherwise disturb cultural
deposits is monitored at all times.
v. If any archaeological or paleontological, i.e. cultural deposits, are
discovered, including but not limited to skeletal remains and grave"'related
artifacts, artifacts of traditional cultural, religious or spiritual sites, or any
other artifacts, all construction shall cease within at least 50 feet of the
discovery, and the permittee shall carry out significance testing of said
deposits in accordance with the attached "Culturai·Resources.S1gnificance
Testing Plan Procedures" (Appendix B). The permiUee shall report all
significance testing results and analysis to the Executive Director f.or a
determination of whether the deposits are significant.
b. If the Executive Director determines that the discovery is significant, the
permittee shall follow the procedures in Appendix B to determine if an
• amendment to this permit is required. If an amendment to this CDP is required,
developmentwithin at least 50 feet of the discovery shall not recommence until •
an amendment is approved, and then only in compliance with the provisions of
such amendment.
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Page 13 •
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction ofspecial conditions)
· 12. Invasive Species Treatment.
a, PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall pay to The Nature Collective an amount equal to the .cost of a
single invasive species treatment, not more than $15,000.00, to be undertaken
by The Nature Collective pursuant to a valid coastal development permit,
· exemption or otherwise allowable development under the. California Coastal Act
as determined by the Executive Director.
-----------------------------------
Proposed
connection
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: 6-20-0685
! 100 ft. Buffer and
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Proposed
sewer
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Lagoon l.. : EXHIBIT NO . 6
---. ,---~..,..,.,.,..._...........,...--ti
--: 6-20-0685 ~--------I . • -• ·-:-:-:----: Lateral Public Access
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----------------------------
----------------------------------------------------
..• •. PUBLIC ACCESS TRAIL
. . . .
·Provided · in Cooperation with the
. .. ·• . . . .
• CALIFORNIA COASTAL COMMISSION : . . .
Managed :BY _· ·
•. AGUAHEDIONDA LAGOON FOUNDATION ·
EXHIBIT NO, 7
" -IIU['I r·1u. •
6-20-0685
Public Access
~1gnage
~ C...lllorn!a C:0011.al COOlm!SalOn,
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EXHIBITC
(Legal Description and Graphic Depktion of Deed Restricted Area)
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EXHIBIT 'C-1'
LEGAL DESCRIPTION
FOR
OPEN SPACE DEED RESTRICTED AREA
18°045
4/24/23
A PORTION OF THE WESTERLY 75 FEET OFTHE EASTERLY 150 FEET OF LOT 6 IN BLOCK "D" OF
BELLA VISTA, IN THE .CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN .DIEGO COUNTY, THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH
THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 150 FEET BEING MEASURED AT RIGHT ANGLES
FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING MEASU~ED AT RIGHT ANGLES
FROM THE WESTERLY LINE OF SAID EASTERLY 150 FEET, LYING NORTWOF THE MEAN HIGH TIDE
LINE WHICH IS UNDERSTOOD TO BE AMBULATORY FROM DAY TO DAY AND SOUTH OF A LINE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE ALONG
THE EASTERLY LINE OF SAID PROPERTY
1. NORTH 3°51'43" EAST
3. NORTH 59°14'04" WEST
4. NORTH 66°23'33" WEST
5. NORTH 63°25'.56" WEST
6. NORTH 67°36'11" WEST
7. NORTH 66°50'44" WEST
139.80 FEET
3.39 FEET;
23.51 FEET;
4.30 FEET;
21.72 FEET;
26.81 FEET
CONTAINS 7,994 SQUARE FEET, MORE OR LESS.
1 of 1
--·--·-----
TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE
THENCE
THENCE
THENCE
THENCE
TO A POINT ON THE WESTERLY LINE OF
THE WESTERLY 75 FEET OF THE EASTERLY
150 FEET OF SAID LOT 6, SAID POINT
BEARS NORTH 3°51'43" EAST 148.13 FEET
FROM THE SOUTHWEST CORNER OF SAID
DESCRIBED PROPE.RTY AND TERMINUS OF
HEREIN DESCRIBED LINE.
EXHIBIT 'C-2'
PLAT FOR
OPEN SPACE DEED RESTRICTED AREA
---------ADAA,fs ~
kf;,~;,, ----f~ ;:;-;-r,;--,:-.,--_S.TREET
~-({;fJ ~ Ll:S21'22" -f-
----, KJ R_==550.qo• N86V7'25"W
0 25 50 75
PROPOSED LOT LINE DA rA /,-:!>~~ _ 23.66'
1 ----~ EASEMENT DEDICATION PER SEPARATE TABLE
# BEARING DISTANCE
L1 N5974'04"W 3.39'
L2 N66'2J'JJ"W 23.51'
LJ N6J"25'56"W 4.30'
L4 N67"J6'1fW 21.72'
L5 N66'50'44"W 26.81 '
LOT B
LEGEND
PROPERTY LIN£ OF
SUBJECT PROPERTY
OPEN SPACE DEED :
b 1 1 DOCUMENT {PR 2020-0010)
"'5 I PORTION OP I ~ Lor s ~ I I-.:
!-'-It BLOf;J< D 1 ~ H/ MAP 2152 I !;..J
¼() APN: 2oa~200~04 ~ 81 ,~ ~. .~ t lS' t~ 150'---I
I I V----'-~
?, L5 L3 1
V''<-L4 'T': I
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LIMIT OF '100'
WETLAND BUFFER
cc
, d
\ MEAN HIGH no£ UN£. Ill/IC/I IS
RESTRICTED AR~ • . I
·~
N?J7>~ UNDERSTOOD TO BE AMBULATORY
AY TO DAY
..,.. 10if; -.. _
?726' '
JOB NO. 18-045 4/24/23
SOWARDS & BROWN ENGINEERING
CONSUL TING ENGINEERS
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
-Y:EL. 760/436-8500
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FAX 760/436-8603
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EXHIBITD
SECTION 30106 OF THE COASTAL ACT
DEFINITION OF "DEVELOPMENT"
SECTION 30106 OF THE COASTAL ACT
"Development" means, on land, in or under water, the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the
density or intensity of use of land, including, but not limited to, subdivision pursuant to the
Subdivision Map Act (commencing with Section 66410 of the Government Code), and arty other
division of land, including lot splits, except where the land division is brought about in connection
with the purchase of such land by a public agency for public recreational use; change in the intensity
of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size
of any strncture, including any facility of any private, public, or municipal utility; and the removal or
harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber
operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions
of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
As used in this section, "strncture" includes, but is not limited to, any building, road, pipe,
flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution
line.
-12-