HomeMy WebLinkAboutPD 2020-0008; Church, Barry A. and Shanna L.; 2023-0130983: Irrevocable Offer of Dedication IODDOC# 2023-0130983
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1 RECORDING REQUESTED BY AN1)
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May 18, 2023 12:12 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0 .00 (SB2 Atkins: $0.00)
PCOR: N/A
WHEN RECORDED RETURN TO:
3 California Coastal Commission
. 455 Market Street, Suite 300 PAGES: 39
4 San Francisco; CA 94105
Attn: Legal Division
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6 APN: 206,.200-04-00
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IRREVOC.ABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT
. AND . . . .
DECLARAtlON OF RESTRICTIONS
THIS IRREVOCABLE OFFER TO DEDICATE LATERAL PUBLIC ACCESS
EASEMENT AND DECLARATION OF RESTRICTIONS (this "Offer") is made as of the date
set forth on the signature page hereto by Barry A. Church and Shanna L. Church, Trnstees of the
Church Family Trnst, dated September 19; 2019 ("Grantors").
I. WHEREAS, Grantors are th.e legal owllers ofa fee interest ofcertain real
property located in San Diego County, State of California, described inEXHIBIT A, attached
hereto and incorporated herein by this reference {the "Property"); and
II. WHEREAS, the California Coastal Act of 1976 (the "Act"), which is codified·
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in Division 20 o:fthe California Public Resources Code ("PRC"), PRC Se.ctions 30000 to 30900,
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defines a: "Coastal Zone" fotthe State of California to which most of the Act's provisions apply
(PRC Section30103) and all of the Property is located within that Coastal Zone; and
III. WHEREAS, the Act created the California Coastal Commission (the
"Commission") and. requires that any clevelopment approved by the Commission must be
consistent-with the policies of the Act; and
IV. WHEREAS, on Septeniber 10, 2021, the Commission granted Coastal
Development Pe1mit No. 6-20-0685 (the "Permit") in ac::cordance with the staff recommendations
and findi1igs report (which report is on file and available for review a:t the Coinrriission's office
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and is incorporated herein by this reference) (the "Staff Report"), and the "Notice of Intent to
Issue Permit'' dated September 17, 2021, attached hereto as EXHIBIT B and incorporated herein
by this reference , subject to certain terms and conditions including, but not limited to, the
following conditions (the "Conditions"):
"4. • Offer to Dedicate for Public Access Easement for Lateral Access
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENTPERMIT, the applicant
shall execute and record _a document in a form and content acceptable to the Executive
Director, irrevocably offering to declicate to a public agency or private entity, approved by the
Executive Director, a 1ateral public access easement for public. access and recreat1onal 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 ambulatory from day to
day, and as shown in Exhibit 6, and shall inciude te1ms and conditions consistent with this .
permit, including Special Conditions Nos. 5 and7 of this pennit. No development, as defined
in Section 30106 of the Coastal Act, shall occur within the easement area except for the
impi•ovements authorized by this coastal development permit by Special Conditions Nos. 3, .5,
and 7. • • • •
The record~d document shall include a legal description and corresponding 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.
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 atea 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 aboye.;identified easement.
b. The irrevocable offer to dedicate _shall·be recorded free of prior ljens and any other
encumbrances that the Executive.Director determines may affect .the interest being conveyed.
The document shall provide that the offer ofdedication shall not be used or construed to allow
anyo11e to interfere with any right~· of public access a,cquired 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
Califo111ia, binding successors and assigns of the applicant or landowner in perpetuity, and
shall be irrevocable for a period· of 2_1 years, such period running from the date of recording,
and indicate that the restrictions ort the use of the land shall be in effect upon recording and·
remain as covenants, conditions and restrictions running with the land in perpetuity,
• notwithstanding any revocation of the offer."
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"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 implementatiori·and development, including but not
limited to the planiling, permit procurement, constmction, and all costs associated therewith,
ofan improved path of a minimum of ten (10) feet in width or as specified in the citywide
trails plan cettified by the Commission tn the future. The trail shall be suitable for use by
pedestrians as specified by the public access easement required ptirsuant to Special Condition
No. 4 of this coastal development permit. Within 90 days after an approved entity has
recorded an acceptance of the easement as required by Special Condition No. 4, or, if the
Commission ha~ not ah-eady certified afi1ial tr~ils 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 constniction of the trail across the property for review and written approval ofthe .
Executive Director. The permittee shall implement the plans withill 90 days of Executive
Director approval. Said path shall be constructed in acc01:dance with the City of Carlsbad's.
final trails plan for the north. shore of Agua Hedionda Lagoon. The · easement hoider shall be
responsible for maintenance of the trail.
b. Until submission of the trail plans to the Executive Director, .no improvements within the
area: subject to the public access easement o"rfershall be 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.''
"7. Public Access Sign Program
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENTPERMIT,the applicant
shall submit for. review and written app1;ova:l of the Executive Director, a public access
signage program that includes the followi_ng:
i. A public access sign of Commission'"approveddesign, consistent with the approved
design of the Agu~ Hedionda 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 concun-ently with future construction of trailimprovements pursuant to Special
Condition No. 5.
b. The pe1mittee shall undertake the development in accordance with the approved signage
program. Any proposed changes to the approved signage program shall be reported to the
Executive Director. No changes to the signage program shall occur withouta Coastal
Commission-approved amendment to this coastal development permit unless the Executive
Director determines that no amendment is legally required." •
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V.
the shoreline; and
VI.
WHEREAS, the Property is a parcel located between the first public road and
WHEREAS, under the policies of Sections 30210 through 30212 of the PRC;
public access through the Coastal Zone is to be maximized; and
VII. WHEREAS, the Commission found that but for the imposition of the
Conditions, the proposed developmentcould not be found consistent with the public access
policies of Sections 30210 through 30223 pf the Act and that, therefore, in the absence of such
Conditions, the Permit could not have· been granted; and
VIII. WHEREAS, Grantors have .elected to comply with the Conditions .and execute
this Offer to undertake the development authorized by the Permit.
NOW AND THEREFORE, in consideration of granting of the Permit to Granfors by the
Commission and for other good and valuableconsideration, receipt of which is hereby
acknowledged, the Grantors hereby irrevocably 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 deed to the Property, binding successors and assigns in
perpetuity, and ilTevocably offer to dedicate to the :People of the State ofCalifomia, a lateral
public access easement in gross and in perpetuity over a po1tion of the Property as described
. below.
i. DESCRIPTION; The easement offered hereby (the "Easement'') affects 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
ambulatory from day to day, as generally shown on Exhibit 6, Page 7 of the Staff Report, and as
specifically described and depicted in EXHIBIT C, attached hereto and incorporated herein by
this reference, which area shall be ambulatory (the "Easement Area").
2. PURPOSE. The Easement is for the purpose of allowing public pedestrian lateral
access and passive recreational use along the Agua Hedionda Lagoon shoreline.
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3. DECLARATION OF RESTRICTibNS.
(a) No development, as defined in Section 30106 of the Coastal Act, shall occur
within the Easement Area except for the improvements authorized by, and consistent with,
Special Conditions 3, 5 and 7 of the Permit.
(b) Grantors and their successors and assigns shall be responsible for the
implementation and development ofpublic access improvements pursuant to Special Condition 5
of the :{>ermit, inch1ding but not Jimiteo to the planning, permit procurement, ~nd construction of
an improved pedestrian public access and recreation path of a minimum of ten ( 10) feet in width
within the Easement Area ot as specified in the citywide trails plan certified by the Commission
in the future. Within 90 days after.an approved entity has recorded an acceptance of the Easement
or, if the Commission has not already certifieda 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 the Property, Granto rs shall promptly
submit plans for coilstrnction of the trail a~ross the Property for review and writtei1 approval of
the Executive Director of the Commission (the "Executive Director"), and shall diligently
implementst:1ch plans within 90 days of such Executive Director approval. Said path shall be
constrncted in accordance with the City of Carlsbad's final trails plan for the north shore of Agua
Hedionda Lagoon. Until the approval of the trail plans by the Executive Director, no
improvements within the Easement Area shall be permitted unless otherwise authorized or
required under the Coastal Act. Future public access trail improvements shall require an
amendment to the P~rmit, or a separate coastaldevelopment permit, unless the Executive Director
determines a permit or Permit amendment is not legally reguired.
(c) Grantors and their successors and assigns shall beresponsible for the
implementation of the public access signage program to Special Condition 7 of the Permit
(attached hereto as EXHIBIT D and incorporated herein by this reference (the "Signage
Program")) and.the development and installation ofimprovements related thereto, which shall
occur concurrently with the constrnction of the trail improvements pursuant to Special Condition
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5 of the Pe1mit. Any proposed changes to Signage Program shall be reported to the Executive
Director, and no changes to the signage development or the Signage Program shall occur Without
a Coastal Commission-approved amendment to the Pennit unless the Executive Director
detei-mines that no amendment is legally requir_ed.
(d) The Easement and its boundaries shall be ambulat01y, and any public access
amenities (e.g., path, trail, benches, signage, etc.) shall move inland within the Property if
relocation a,nd/orreconstruction of $UCh amenities is necessary to retain their continuity ancl/or
utility.
{e) This Offer shall not be used o:r construed to allow arty one to interfere with any
rights of pubiic access acquired through use which-may exist on the Property. Granter shall not
interfere with the public's use of the Easement Area nor take any action inconsistent tvith such
use, including, without limitation, constructing or improving the Property in a manner
inconsistent with the public's use or enjoyment thereof. Grantors shall retain all normal rights
and incidents of ownership of the underlying fee interest in the Property not inconsistent with the
Easement.
(f) The restrictions on the use of the Property set forth in this Offer shall be in_
effect upon recording -this document and shall remain as covenants, conditions and restrictions
running with the land, binding.Granters and their successors and assigns in perpetuity,
notwithstanding the acceptance or any revocation of the offer.
4. MAINTENANCE. Grantee (defined below) shall be responsible for maintenance of the
public access trail only. Grant?rs or the succeeding owners of the Property shall be responsible
for the implementation, development, maintenance and relocation of the public access
development, including all trail signage and trail amenities described in Section 3 above.
5. DURATION, ACCEPTANCE AND TRANSFERABILITY. This Offer shall be
irrevocable for a period of 21 years from the date of recordation hereof. This Offer may be
accepted by a public agency or a private entity acceptable to the Executive Director of the
Commission ("Grantee"). Such acceptance shall be effectuated by recordation by Grantee of an
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acceptance ofthis Offer in the form attached hereto as EXHIBIT E. Upon such recordation of
acceptance, this Offer and its tertns, conditions and restrictions shall have the. effect of a grant of
lateral public access easement in gross and in perpetuity that shall runwith the land and be
binding on.the heirs, assigns, and successors of the Grantors. After acceptance, the Easement
may be tratisfen-ed to and held by any entity that qualifies as a Grantee under the criteria
hereinabove stated. Acceptance of the Offer is subject to a covenant which runs with the land
providing that Grantee may not abandon the Easement until such time as Grantee effectively
transfers the Easement to an entity which qualifies as a Grantee under the criteria hereinabove
stated. No merger of title, estate or interest shall be. deemed effected by any previous,
contemporaneous, or subsequent deed, grant,. or assignment of an interest or estate in the
Property, or any portion thereof, to Grantee, or its successors or assigns .. Grantors, for themselves
and their assigns and successors in interest, covenants and agrees that the use of the Property is
hereby restricted as set forth in this Offer and that such restrictions shallremain in full force and
effect in perpetuity. It is the express intent of the parties that the Easement or the restrictions
hereof not be extinguished by, merged into, modified, or otherwise deemed affected by any other
interest or estate in the Prope:rty now or hereafter held by the Grantee or its successors or assigns.
6. REMEDIES. Any act, conveyance, contract, or authorization by the Grantors, whether
written or oral,. which uses or would cause to be used; or would permit use of the Property in a
manner contrary to the te1ms of this Offer, will be deemed a violation and a breach hereof. The
Grantors, any Grantee accepting this Offer, any offeree of this Offer and the Commission may
pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of
the Offer and the Easement and their respective interests in the Proper!)'. In the event of a breach,
any forbearance on the part of any such party to enforce. the te1ms and provisions hereof shall not
be deemed a waiver of enforcement rights regarding any subsequent breach.
7. TAXES AND ASSESSMENTS. Grantors agree to pay or cause to be paid all real
property taxes and assessments levied or assessed againstthe Property. It is intended that this
Offer and the use restrictions contained herein shall constitute enforceable restrictions within the
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_meaning of ( a) Article XIII, Section 8, of the California Constitution; and (b) Section_ 402.1 of the
California Revenue and Taxation Code or successor statute. Furthermore, this Offer; the
Easement, and its restrictions shall be _deemed to constitute a servitude upon and burden to the
Property within the meaning of Section 3 712( d) ofthe California Revenue and Taxation Code, or
successor statute, _which .survives a sale of tax-deeded property.
8. RIGHT OF ENTRY. The Commission or its agents may enter onto the Property at
times reason.ably acceptable to the Gr~n.tors to ascertain whether the restrictions set forth in this
Offer are being observed.
9. SUCCESSORS AND ASSIGNS. The te1ms, covenants, conditions, exceptions, . .
obligations and reservations contained in this Offer shall be deemed to be covenants, conditions
a,nd -restrictions running with the land and .shall be binding upo~ and iriure to the benefit of the
successors and assigns of both the Grantors and the Grantee, whether voluntary or involuntary.
10. SEVERABILITY. If any provision ofth1s Offer is held to be invalid, or for any reason
becomes unenforceable, no other provision shall be thereby affected or impaired.
Dated: J../. .. ·/ 7 -, 2023
s
Barty A. Church, Trustee of the Church Family
Trust,_ dated September 19, 2019
~n(~ c:/2vJJ
ShaaLCln1rch, Trustee of the Church Family
Tnfst, dated September 19, 2019 •
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A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTYOF ~A'M PJ~O
On tv'\ O"'j ,-rn~-1,01.-'.? , before me, M tiU2,\tt ~b lol I I n S , a Notary
Public, personally appeared &a.~'::5 A . ~ '{lf/rA , 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 1mder the laws of the Stftte of California that the
foregoing paragraph is true and correct.
WITNESS my hand and·official seal.
SignatJ]~ (Seal)·
MARIA C. COLLINS· ' COMM. #2389900 z
Notary Public • California ~
San Diego County ..
M Comm. Ex ires Feb. 5, 2026
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this ce1tificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTYOF 8~ DEl:::lD
On fu «&f \111!", 2o 1.-~ , before me, fV\ et '/2.-ltll. C., ~ tol h n.-S , a Notary
Public, personally appeared ~ \ritt. V\ ~ L , CM-t.-t,'(2..~ , who ptoved to me
on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the
within instrnment 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 instrnment.
23 • I certify under PENALTY OF PERJURY under the laws of the State of California that the
24 foregoing paragraph is true and correct.
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WITNESS my hand and official seal.
Si~ (Seal)
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The Irrevocable Offer to Dedicate Lateral Public Access Easement and Declaration of
Restrictions set forth above is hereby acknowledged by the undersigned on behalf of the
California Coastal Commission pursuant to authority it conferred when it granted Coastal
Development Permit No. 6-40-0685 on September 10, 2021, and the California Coastal
Commission consents to recordation thereof by its duly authorized representative.
CALIFORNIA COASTAL COMMISSION ,.,
Louise Warren, General Counsel
/
A notary public or other officer completing this certificate .verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STA TE OF CALIFORNIA
COUNTY OF SAM :ti.AOC1)~(!Q
On M-A-L< l ~, 2.o~ , pefore me; ))a .. HlA: bk.e.'269£:'.D -~ , a Notary
Public, Piersonally appeared, L ()ILi ,d_~ WAIUl..Gl-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 instrument and acknowledged to me that he/she/they execute9 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 PENAL TY OF PERJURY under the laws of the State of California tha:t the
foregoing paragraph is true and correct.
WITNESS my hand and official sea .
Sign~~ 'l',<....;;'1,,,(,.,.,....-V-11'../1
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(Seal)
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EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
11
PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT A
LEGAL DESCRIPTION
Fidelity National Title Company
ORDER NO.: 00202780-008-CP-2MM
THE LAND REFERRED TO HEREIN BELOW IS SITUATED INTHE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE WESTERLY 75 FEET OF THE EASTERLY 150 FEET OF. LOT 6 IN BLOCK "D0 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 L!NE OF SAID LOT 6
AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID
EASTERLY 150 FEET, IN THE OFFICE OF THE SAID COUNTY RECORDER
APN: 206-200-04-00
CLTA Preliminary Report Form~ Modified (11/17/06) Page3
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EXHIBITB
NOTICE OF INTENT TO ISSUE PERMIT
Dated September 1 7, 2021
12
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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 92108-4402
Pl:f (619) 767-2370 FAX (619) 767~2384
WWW.COASTAL.CA.GOV •
GAVIN NEWSOM; GOVERNOR
• September 17, 2021
Permit Application Number: 6-20 .. 0685 •
NOTIC-E OF:I.NTENT TO ISSUE PERMIT ·
(Upon satisfac:tion of special co11ditions)
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE
STEPS NECESSARYTO 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 cop· is effective.-In order forthe CDP to be effective,
. Commission-staff must issue the CDP to the applicant, andthe. applicant must sign 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 th!;) 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 extensio~ of the permit .
pursuant to the Commission's regulations at Cal. Code Regs. title ·14, section 13169 .
. On September 10,.2021, the California CoastalCommission 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-farriily residence with attached garage and pool,
dedication of a 25-foot wide easement landward of the mean high tide line for lateral •
public access along the lagoon, andapproximately 1,252 cubic yards of grading on a
0A9 acre lot. Also· proposed.is the removal of unpermitted sand and resoh1tion of
unpermitted_native vegetation removal, more specifically described in the application
filed in the Commission offices, Commission staff will not issue.the CDP untilthe
"prior to issuancellspecial conditions have been satisfied .••
• The development is within the coastal zone a_t Adams St, Carlsbad, San Diego
• County (APN 206-200-04)
If you have·any qµestions regaroing how to fulfill the "prior to issuance" Special
Conditions for CDP No. 6-20-0685, please contact the Coastal Program Analyst
identified below.
Page 2 .
September 17, 2021
Permit Application No.:a ... 20-0685
NOTICE OF INTENT TO ISSUE PERMIT
cc: Commissioners/File
ACKNOWLEDGMENT
(Upon satisfaction of speciat conditions)
Sincerely,
John Ainsworth
Executive Director
~·
Carrie Boyle
Goastal Program Analyst
The .undersigned permittee acknowledges receipt of this Notice and fully understands•.its
contents, including all conditions imposed.
I
Cf";LO-J.. l
Date
63~ ~ / • -3/J Cif)r) Cl . ~ ~ · Permittee
. Please. sjgn . 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 development
shall not commence until a copy of the permit, sighed· 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 which the Commission voted on the application. 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.
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Page 3
September 17, 2021
Permit Application No.: 6.,20:-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction ofspecial conditions)
4. Assignntent. 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 and the perrnittee to bind all future
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 shalLsubmit, for the review and written approval of the Executive
· Director, final site and architecturaf plans approved by the City of Carlsbad that
are in substantial conformance with the site and architectural plans by •
McCullough Design Development dated August23, 2018 and received March
31,2021.
b. The permittee shall undertake deVelopmentin 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 and fuel modification plans approved
by the City of Carlsbad and the Fire Departmentthat are in substantial
conformanc~with the landscape ·plans prepared by Ocotillp Design Group
received March 31, 2021, exceptthat they shall be modified as follows:
i. A plantjng 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 ISSUE PERMIT
(Upon satisfaction of special conditions)
iii. All landscaping shall be drought-tolerant, fire resistant, non-invasive
(preferably riativ~) 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 Califomia·lnvasive Plant Council
(http://www.cal-ipc.org/); or as may be identified from time to time by the
State of California s_hall 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 Governmentshall 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 /eopoldii shali be replaced with native,
drought tolerant coastal sage scrub. community species.
v. Within the development footprint, Vinca major, Cycas revoluta, /lex
crenata, .and Sanselveria trifasciata shall be replaced with non-invasive
plants that are non-toxic to wildlife. Agave 'Blue Glow', Agave attenuata,
Cordy/ine 'Sprilecpink', Echeveria 'lipstick', Passif/ora 'Ruby Glow',
Photmium t~nax Green Flax, Phormium tenax 'Tiny Tiger', Rhaphio/epis
umbellata 'minor1, and Salvia /eucantha 'Santa Barbara' shall be
replaced with non-cultivars. Trees along the frontage of Adams Street
that would block views of the lagoon shall be eliminated.
vi. All existing non-native species onsite shall be removed, with the sole
exception of non-native anriual grasses, which shall be removed to the
extent practicable if found in high densities onsite.
vii. 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 of the 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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Page 5
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of speeial 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 gmwing condition throughout the life of the
projectand, whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with applicable landscape
requirements.
x. Five. years from the date ·of the issuance of the coastal development
permit, the Permitte·e 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 inclµde photographic documentation of plant
species and plant coverage.
If the landscape monitoring .report indicates the landscaping · is hot in
conformance with or has failed to meet the performance standards
specified in the l;:inqscaping plan 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 prepared by a licensed Landscape Architect or
qualified resource specialist and shall specify measures to rernediate
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.
Page 6
September 17, 2021
Permit Application No.: 6~20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction ofspecial 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 estimated as 4.44 feet NAVD88) and as generally
depicted on.Exhibit 4. except for:
i. Installation, within the landward 50 feet of the buffer, of a sewer
connection to support the development authorized by this coastal
development permit, limited to the minimum amount of ground
disturbance necessary and with the use of BMPs to protect water quality
in accordance with Specia.I Condition No. 9;
ii. Native landscaping in accordance with Special Condition No. 2;
iii. Brush management, within the landward 50 feet ofthe 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 contained within the easement, as
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 of special 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
development in the designated .open space area. The recorded 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, .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
encumbrances that the Executive Director determines may affed 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.
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 re·creational 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
ambulatory from day to day, and as shown in Exhibit 6; and shall include terms
and 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 exceptfor the improvements
authorized by this coastal development permit by Special Condition Nos. 3, 5,
and 7.
The recorded document shall include a legal description and corresponding
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 ttie perimeter of the easement :area prepared by a licensed surveyor based
on an on-site inspection of the easement area.
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 pedestrianpathway 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 providethatthe 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 irrevocabl~ 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 remain as covenants, conditions and
restrictions running with the land in perpetuity, notwithstanding any revocation of
the offer.
5. Public Access ·lmprovements.
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 an approved entity has
recorded an acceptance ofthe 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 Dire9tor. 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.
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 be 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, subje9t to terms arid 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 parcel or p~rcels governed
by this permit. The deed restriction shall also indicate that, in the event of an
extinguishment or terminatio_n 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, remains 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
applicantshall 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 Hedionda 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 approvect•signage
Page 10
September 17, 2021
Permit Application No.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
program shall be reported to t_he 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 ho 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 board 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 emsion control during-construction :
b. To minimize wildlife entangletnentand 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 requir_ed, 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-DeveloplJlent 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:
i. An explanation of the design of the proposed BMPs 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 sized 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 arefffrom 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 quality and post-development runoff plans.
c. The permittee shall undertake development in accordance with these post-
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 DEVELOPMENTPERMIT, the
applicant shall submit for the review and approval of the Executive Director an
archaeological/cultural resources monitoring plan prepareo 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 resource_s 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
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Pag.e 12 •
September 17, 2021
Permit Application No·.: 6-20-0685
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special 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 and culturally affiliated Tribe(s) that are included on an
updated Native American Heritage Commission (NAHC) list, ancl 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
monitor$ 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 "Cultural·Resources Significance
Testing Plan Procedures" (Appendix B). The permittee shall report all
significance testing results and analysis to the Executive Director for a
determination of whether the deposits are sigriificant.
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,
development within 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.
Page 13
·september 17, 2021
Permit Application. No.: 6.,20:-0685
NOTICE OF INTENT TO ISSUE PERM.IT
{Upon satisfaction ofspecial conditions)
12. Invasive Species Treatment.
a. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENTPERMIT, the
applicant shall pay to The Nature Collective an amount equal to the cost of a
Single invasive species treatment.; not morethan·$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. •
~
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• EXHIBIT NO. 4
__-1 • -----,;.-~~,,.,,.,......-.-~
--..____: I e~20-oess ·----------~:-:--:---: 100ft. Buffer and ----,---p-e_n_0_p_a_c_e--"re_a_
-I C\ · · -.. __ . j ~ cinl_ornla COlSW cc-mmi~sion
-----------------------------~----------------___,
Proposed
sewer
connection
25 ft. lateral
public
access
easement
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l j NAVD88
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l,a,..,, ~oon
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open
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area -
I EXHIBIT NO. 6
! 6-20-0685
----I -··-:-::---: Lateral Public Access
··-.. I rea
-· ·-! @ ca~torn~ c;oo&t2.J comm1uion ··-... --1 ----------____ .....
-------------------
----------------------..
• • • PUBLIC ACCESS TRAIL
. -. . . . . . • .
• Provided in Cooperati'on wiU1 the
CALI.FORNIA COASTAL :COMMISSION . . . .
. • Managed BY . ·
AGUA HEDIONDA LAGOON: FOUNDATION .
-. ..;. --·· ----. -·-
. . .
,{ • (
EXHIBIT NO. 7
6-20-0685
Pub Ii c Access ·
. 1gnage
~ cs2rornt2 coo,w commit!.l<>n.
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EXHIBITC
LEGAL DESCRIPTION AND GRAPHIC DEPICTION
OF LATERAL PUBLIC ACCESS EASEMENT AREA
13
EXHIBIT 'C-1'
LEGAL DESCRIPTION
FOR
LATERAL PUBLIC ACCESS EASEMENT
18-045
4/24/23
A PORTION OF THE WESTERLY 75 FEET OF THE 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 BE.ING PARALLEL WITH
THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY i50 FEET BEING MEASURED AT RIGHT ANGLES
FROM THE EASTERLY LINE OF SA.ID LOT 6 AND SAID 75 FEH BEING MEASURED AT RIGHT ANGLES
FROM THE WESTERLY LINE OF SAID EASTERLY 150 FEET, LYIN~ NORTH OP THE MEAN HIGH TIDE
LINE WHICH IS UNDERSTOOD TO BE AMBULATORY FROM DAY TO DAY AND SOUTH OF A LINE
WHICH IS UNDERSTOOD TO BE · AMBULATORY FROM DAY TO DAY 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 61°24'58" WEST
4. NORTH 65°31'53" WEST
5. NORTH 67°33'51" WEST
58.90 FEET
11.87 FEET;
47.81 FEET;
20.53 FEET
CONTAINS 2,006 SQUARE FEET, MORE OR LESS.
1 of 1
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TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE
THE~CE
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 68.67 FEET
FROM THE SOUTHWEST CORNER OF SAID
DESCRIBED PROPERTY AND TERMINUS OF
HEREIN DESCRIBED LINE.
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EXHIBIT 'C-2'
PLAT FOR
LATERAL PUBUC ACCESS EASEMENT
------------AD Atts -
4'.'~z~_;,, -----fKJ STREET
',,(-fir/ . /l=::5'21 '22n -€-
----------,..,-v ___ ", KJ R_==sso.qo' NB6V7'2s"w
0 25 50
~r-J!:42 23.66' 1
1
5
-----~ (ASE;MENT DEJ)ICATION PER SEPARATE
PROPOSED LOT LINE DA TA
TABLE
# BEARING DISTANCE
L1 N61"24'58"W 11.87'
L2 N65"31 '5J"W 47.81'
L3 N67'33'51"W 20.53'
NOTE:
THE LANDWARD AND SEAWARD
BOUNDARIES OF THE EASEMENT AREA
ARE AMBULATORY AND SHOWN HEREIN
FOR REFERENCE PURPOSES ONLY. THE
INLAND BOUNDARY IS 25' LANDWARD
OF THE AMBULATORY MEAN HIGH TIDE
LINE
Lor s
LEGEND
1 1 DOCUMENT {PR 2020-0010)
., POR1JON Of I
LD1 B .
BLOCK D
MAP 2152
APN: 2oa~200~04
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JOB NO. 18-045 • 4/24/23
SOWARDS & BROWN ENGINEERING
CONSULTING ENGINEERS
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
. TEL 760/436-8500 FAX 760/436-8603
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EXHIBIT D
THE SIGNAGE PROGRAM
14
March 11, 2022
Barry+ Shanna Church
Adams St, Carlsbad, San Diego
APN 206-200~04
CDP No. 6-20-0685
California Coastal Commission,
Barry & Shanna Church and its successors hereby agree and commit to provide public access
signage (as required by Special Condition No. 7 to Permit Application No. 6-20-0685) in event a
public trail is established around the Agua Hedionda Lagoon.
Sincerely,
~~~
Sha/)l)tL, r/2u-du
Barry Church
Shanna Church
Proposed
sewer
connection
access
easement
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open
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I EXHIBIT NO. 6
! 6-20-0685
cc:-,--! LateratPublicAccess --...._ I asement Area
--· · -: C\ c.;:.1orn'.! eo,;.blzl com.1mMon ·----J --~------.-----
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•• PUBLIC ACCESS TRAIL
. . • . . . . . . . . • . ' •. ·
• • Provided in Cooperation with the·
. . . .
•• CALIFORNl:A COASTAL COMMISSION· •
. :. Managed BY
AGUA HEDIONOA LAGOON FOUNDATION
EXHIBIT NO. 7
.. .;.!'_ '.J IUl'I l~V.
6-20-0685
Public Access
~,gnage
~ canrorn1a co.um ColMll&r.l<>n
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EXHIBITE
FORM OF ACCEPTANCE
15
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105
ATTN: LEGAL DIVISION
EXHIBITE
PERMIT NO: -------ACCEPTANCE CERTIFICATE
PAGE ONE (l) OF TWO (2)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Irrevocable Offer to
Dedicate Lateral Public Access Easement and Declaration of Restrictions dated
_______ , executed by Barry A. Church and Shanna L. Church, Trustees of the Church
Family Trust, dated September 19, 2019, and recorded on ________ as Instrument
Number _________ , attached hereto as Exhibit 1 and hereby incorporated by
reference, is hereby accepted by __________________ , a public
agency/private association on ____________ , pursuant to authority conferred by
resolution of the adopted on _________ , and the
grantee consents to recordation thereof by its duly authorized officer.
By: --------------
For: --------------
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF -----------
On , before me, , a Notary Public, ------------------------
personally appeared _________________ ., 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.
WITNESS my hand and official seal.
Signature _______________ _ (Seal)
PAGE TWO (2) OF TWO (2)
ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION
OF ACCEPTANCE OF OFFER TO DEDICATE
_________________ is a public agency/private association
acceptable to the Executive Director of the California Coastal Commission to be Grantee under the
Irrevocable Offer to Dedicate Lateral Public Access Easement and Declaration of Restrictions
executed by Barry A. Church and Shanna L. Church, Trustees of the Church Family Trust, dated
September 19, ~O 19, Easement and Declaration of Restrictions dated _______ _
executed by and recorded on __________ , in the office of the County Recorder of
__________ County as Instrument Number _________ _
Dated: ----------
California Coastal Commission
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF -----------
On __________ , before me, ______________ , a Notary Public,
personally appeared __________________ ., 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________ _ (Seal)