HomeMy WebLinkAboutMCUP 15-13; Christ Presbyterian Community Garden; Conditional Use Permit (CUP) (2)C Cily of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(750) 602-4610
www.carisbadca.gov
APPUCATIONS APPLIED FOR: (CHECK BOXES)
Develooment Permits
CD Coastal Developmenl Permit (*) CU Minor
(3 Conditional Use Permit (')
0 Minor D Extension
n Day Care (Large)
ri Environmental Impaet Assessment
Q Habitat Management Permit O Minor
n Hillside Development Permit (') OMinor
D Nonconforming Construction Permit
n Planned Development Pennit n Minor
CJ Residenlial O Non-Restdential
n Planning Commission Determination
n site Development Plan dl Minor
IFOR OEPT. USE ONLY) Legislative Permits
n Qeneral Plan Amendment
(FOR DEPT USE ONLY)
15-1:^ Q Local Coaslal Program Amendment (*)
Q Master Plan C] Amendment
• SpeclflePlan • Amendmenl
D Zone Change (*)
D Zone Code Amendment
Soutfi Carlabad Coasia/ Review Area Permits
I I Review Permit
O Adminislralive Q Minor O Major
ViUaae Review Area Pennits
n Review Permit
D Adminislralive Q Minor O Major D Speciai Use Permit
(~l Tentative Parcel Map (Minor Subdivision)
(~] Tentative Tract Map (Major Subdivision)
dl Variance Q Minor
NOTE: A PROPOSED PROJECT REQUtRMS MULTIPLE APPLICATIONS MUST BE SUBMITTEO PRIOR TO 3:30 P.M. A PROPOSED PROJECT REOUIRMS ONLY ONE
APPUCATION MUST BE HUBMnTED PRIOR TO 4M P.M.
(*) = eligible for 25% discount
ASSESSOR PARCEL NO(S).: 255-062-1700
PROJECT NAME: ^t«e Centella Street Connmunity Garden
BRIEF DESCRIPTION OF PROJECT: Community Garden
BRIEF LEGAL DESCRIPTION: Lot 180, Map 7457 - La Costa Valley Unit No 1
LOCATION OF PROJECT:
ONTHE: West
7807 Centella Streel, Carlsbad. CA 92009
STREET ADDRESS
SIDE OF Centella Street
(NORTH. SOUTH, EAST, WEST)
BETWEEN Estancia Street
(NAME OF STf^ET)
AND Rancho Santa Fe
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of E Revised 12/13
The Presbytery of San Diego
OWNER NAME
(Print):
MAILING ADDRESS: 3707 Udall Street
CITY, STATE. ZIP. San Diego, CA 92107
TaEPHONE- (619) 224-2490
EMAIL ADDRESS: Etatedclerk@presbyterysd.org (Linda Thenen)
APPLICANT NAME (Print): christ Presbyterian Church
MAILING ADDRESS: 7B07 Centella Street
CITY.STATE.ZIP; Carlsbad, CA 92009
TELEPHONE: (760) 753-3290
EMAILADDRESS: amyk@cpclacosta.org
i I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
! INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
I KNOWfLEDGE 1 CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THI&A9^ICATI0N.
DATE
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE CF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BESJ OF MY KNOWLEDGE. . / /
APPLICANT S REPRESENTATIVE (Print): Mark Mauennan
MAlLiNGADDRESS: 7807 Centella Slreel
CITY, STATE, ZIP Carlsbad, CA 92009
TELEPHONE:
EMAIL ADDRESS: amyk@cpclacosta.org or gregb@cpclacosta.org
(760) 753-3290
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS MPPLICATIDN AND THAT ALL THE ABOVE
INFORMATIONUIS/TBUE AND CORRECT TO THE BEST OF MY
DATE
IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTV IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND fiiNY SUCCESSORS IN INTEREST.
(r-^yuey^
PR0|*ER7Y OWNER SIGNATURE HCKE
FOR CITY USE ONLY
RECEIVED
AUG 0 5 2015
CITY OF CAR
RECEIVED BY:
P-1 Page 2 ol 6 Revised O^ns
C City of
Carlsbad
PROJECT DESCRIPTION
P-1(B)
Development Services
Planning Division
163S Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: The Centella Street Community Garden
APPLICANT NAME: Chhst Presbtyerian Church
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background infonnation and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
This project will consist of a Community Garden. Our team sees a growing need in Carlsbad for an additional
community garden Since the Carlsbad Boys and Girls Club left the property to occupy their new facility, ttie
property has been vacant and we feel it will be a great location for a community garden. The garden will be
located on the vacant lot on the west side of Centella Street. The garden will consist of raised beds, in the
ground plots, a shed for storing tools and supplies, a shade structure with chairs and a table, fruit trees lining
the west and north sides of the garden area and split rail fencing around the entire south and east side of
the garden. Please see attached site plan.
P-KB) Page 1 of 1 Revised 07/10
THE PRESBYTERY OF SAN DIEGO
Presbyterian Church (U.S.A.)
3707 Udall Street • San Diego, CA 92107-2413 • (619) 224-2490 • Fax (619) 224-1929 • wviw.presbyterysd.org
August 3, 2015
To Whom it May Concern:
Christ Presbyterian Church is a member congregation ofthe Presbytery of San Diego, and thus
ofthe Presbyterian Church (U.S.A.).
As the Stated Clerk ofthe Presbytery I am the Secretary ofthe Corporation and authorized to
sign the documents that are attached. This can be verified on our web site at presbyterysd.org,
Manual of Operations, page 25.
Feel free to contact me if there are any questions or concerns about these statements.
Sincerely,
Linda Therien, Corporate Secretary & Stated Clerk
Rev. Dr. Clark Cowden Elder Linda Therien
Executive Presbyter Stated Clerk
Ccityof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
163S Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Govemment Code Seclion 65962.5)
Pursuant to State of Califomia Govemment Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the Califomia Environmental
Protection Agency and hereby certify that (check one):
|H The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Govemment Code.
Q The development project and any altematives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 ofthe State Govemment Code.
Name
APPLICANT
. Christ Presbyterian Church
PROPERTY OWNER
Name:P'"®^'^y^®^ of San Diego
Address: 7807 Centella Street Address .3707 Udall Street
Carlsbacl, CA 92009 San Diego, CA
Phone Number: (760) 753-3290 Phone Number: (^^Q) 224-2490
Address of Site 7807 Centella Street, Carlsbad, CA 92009
Local Agency (City and CnunM: Carlsbad, San DiegO COUnty
Assessor's book, page, and parcel number: .255-062-17-00
Specify listfs^: Hazardous Waste and Substance Site List /^y^/^. entity s4-t>f.(i-h^. c*v6-jo/)
Regulatory Identification Number:_
Date of List:.
Property
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 ol2 Revised 02/13
Per the California Environmental Protection Agency's website, "While Govemment Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this infomiation is now largely available on the Intemet sites
of the responsible organizations. Those requesting a copy of the Cortese list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.QOv/sitecleanuD/CorteseList/default.htm
www.caleDa.ca.Qov/database/calsites
www.envirostor.dtsc.ca.qov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Controi Board
http://qeotracker.waterboards.ca.aov/
County of San Diego
Department of Environmental Health Services
www.co.san-dieqo.ca.us/deh
Hazardous Materials Division
vww.sdcountv.ca.qov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego.CA92112-9261
Call Duty Specialist for technical questions at (858) 505-6880. fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superaind" or "CERCLIS")
www.epa.aov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.aov/superfund/sites/npl/npl.htm
P-1(C) Page 2 ol 2 Revised 02/13
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1521701-2 08/05/2015 149
Wed, Aug 05, 2015 11:05 AM
Receipt Ref Nbr; R1521701-2/0011
PERMITS - PERMITS
Tran Ref Nbr: 152170102 0011 0011
Trans/Rcpt#: ROl10592
SET #: MCUP1513
Amount: 1 @ $786.77
Item Subtotal: $786.77
Item Total: $786.77
1 ITEM(S) TOTAL: $786.77
Check (Chk# 011565) $786.77
Total Received: $786.77
Have a nice day!
•4;***m*******CUST0MER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 9200S
Applicant: CHRIST PRESBYTERIAN CHURCH
Description Amount
MCUP1513 786.77
7 8 07 CENTELLA ST CBAD
Receipt Number: R0110692 Transaction ID: R0110692
Transaction Date: 08/05/2015
Pay Type Method Description Amount
Payment Check 786.77
Transaction Amount: 786.77
C Development Services
Cityof DISCLOSURE STATEMENT Planning Division
Carlsbad '""''^Zl
www.ca risbadca .go v
Applicant's statement or disclosure of certain ownership Interests on ail applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your prpject
cannot be reviewed until this infomiation is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fratemal
organlzatkm, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided bek>w.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financiai interest in the appiication. If Vne appiicant inciudes a corporatton or oartnershiD.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publlclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person N/A Corp/Part N/A
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
ail individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publiclv-ovwied corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached If necessary.)
Person N/A Corp/Part N/A
Title Title
Address Address
p-1 (A) Page 1 of 2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit oraanization or a trust.
Ilst the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profitn-rustMark Mauerman Non Profit/Trust
Title Officer Title
Address 7807Centella Street Address
Carlsbad, CA 92009
Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
I I Yes j/ No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above infomiation is true and correct to the best of my knovkrtedge ect to the best of my knovkrtedge. r . /
Uy &, fm
\ysignaiure 6 Signature of ovraer/date ^/Signalure df-«pplicant/dale
..-.-vr.L..-^ na ' " *• ' —'
y-
Pripli6r type name of owner T ' Print'or type name of applicant
Signature/6j^wner/applicanf s agent jjf'awllicable/date
Print or ty^)e nam^ of 6wner/applicant'§_9^ent
P-1{A) Page 2 of 2 Revised 07/10
Fidelity National Title Company
PRELIMINARY REPORT
in response to the application for a policy of title insurance referenced herein, Fidelity National
Title Company heretiy reports that it is prepared to issue, or cause to be issued, as ofthe date
hereof, a policy or policies of title insurance describing the land and the estate or Interest
therein hereinafter set forth, insuring against loss which may be sustained by reason ofany
defect, lien or encumbrance not shown or referred to as an exception herein or not excluded
from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions
ofsaid policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks
ofsaid pollcy or policies are set forth in A ttachment One. The pollcy to be issued may contain
an arbitration clause. When the Amount of Insurance is less than that set forth In the
arbitration clause, all arbitrable matters shallbe arbitrated at the option of either the Company
or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable
to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
Attachment One. Copies of the poiicy forms should be read. They are available from the
office which Issued this report.
This report (and any supplements or amendments hereto) Is Issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no iiabiiity Is assumed hereby. If it
is desired that Ilability be assumed prior to the issuance ofa policy of titie insurance, a Binder
or Commitment should be requested.
The policy (s) of title insurance to be issued hereunder willbe poiicy(s) of Fidelity National Title
Insurance Company, a California corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set
forth in Attachment One of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered.
It Is Important to note that this preliminary report is not a written representation as to the
condition of title and may not list all Hens, defects and encumbrances affecting title to the
land.
Fidelity National Title Company
Secrvtary
CLTA Preliminary Report Form - Modified (11/17/06)
Fidelity National Title Company
2763 Camino Del Rio South San Diego, CA 92108
(619) 295-7332 FAX (619) 297-221 3
PRELIMINARY REPORT
ORDERNO.: 09-4170334-A
TITLE OFFICER: Jerry Digdigan / (619-725-2112) Amendment
LOAN NO.:
TO: Rancho Financial
519 Encinitas Blvd. #100
Enciitas, CA 92024
ATTN: Dennis Reese
SHORT TERM RATE: N/A
PROPERTY ADDRESS: 7807 Centella Street, Carlsbacl, California
EFFECTIVE DATE June 22, 2009, 07:30 A.M.
The form of policy or policies of title insurance contemplated by this report is:
American Land Title Association Construction Loan Policy (10-17-92) with A.L.T.A. Form 1
Coverage
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Christ Presbyterian Church of Rancho La Costa, in Trust for the Presbyterian Church (USA) as
to Parcels 1 and 2; Presbytery of San Diego, a Religious Corporation, as to Parcel 3
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
JC\SR 05/05/2009
CLTA Preliminary Report Form - Modified (11/17/06)
Order No. 09-4170334 - A
LEGAL DESCRIPTION
EXHIBIT "ONE"
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:
Parcel 1:
That portion of Lot 249 of La Costa Vale Unit No. 1 and all of Lot 182 of Carlsbad Tract No.
73-2, (Santa Fe Glens) in the City of Carlsbad, County of San Diego, State of California,
according to Map Nos. 7457 and 8059, respectively, filed in the Office of the County
Recorder of San Diego County, October 10, 1972 and January 22, 1975 respectively, lying
Southerly of a line described as follows:
Beginning at a point on the Easterly right of way line of Centella Street as shown on Map No.
7457, said point being on the arc of a 730.00 foot radius curve, concave Southwesterly, a
radial to said point bears North 84° 17 •15"East, said point also being on the Subdivision
boundary of said Map No. 7457; thence Northerly along the arc ofsaid curve through a central
angle of 3° 40 •42"a distance of 46.87 feet to a point, a radial to said point bears North
80° 36 '33'East and the True Point of Beginning; thence leaving said curve South 84° 17 "50"
East 332.61 feet to a point on the right of way of Rancho Santa Fe Road, said point being on
the arc of a nnontangent1551.00foot radius curve concave Southeasterly, a radial to said
point bears North 53°40 'Ol'West.
Parcel 2:
Lot 181 of Carlsbad Tract No. 73-2, (Santa Fe Glens), in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 8059, filed in the Office of the
County Recorder of San Diego County, January 22, 1975.
Parcel 3:
Lot 180 of Carlsbad Tract No. 73-2, (Santa Fe Glens), in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 8059, filed in the Office of the
County Recorder of San Diego County, January 22, 1975.
Assessor's Parcel No; 255-062-25 and 255-062-17-00
CLTA Preliminary Report Form - IVlodified (11/17/06)
Order No. 09-4170334 - A
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD
SEAS FOLLOWS:
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) that arise by reason of:
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records, (b)
proceedings by a public agency that may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the records of such agency or by the Public
Records.
Any facts, rights, interests, or claims that are not shown by the Public Records but that
could be ascertained by an inspection of the Land or that may be asserted by persons in
possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the Title that would be disclosed by an accurate and complete land survey of the Land and
not shown by the Public Records.
(a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not
the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Property taxes, which are a lien not yet due and payable, including any assessments
collected with taxes to be levied for the fiscal year 2009-2010.
7. Property taxes, including any personal property taxes and any assessments collected with
taxes, for the fiscal year 2008-2009, Assessor's Parcel Number 255-062-17.
Code Area Number: 09045
1st Installment: $1,486.41 Delinquent
2nd Installment: $1,486.41 Delinquent
Land: $402,224.00
Improvements: $0.00
Exemption: $
Personal Property: $
CLTA Preliminary Report Form - Modified (11/17/06)
ITEMS: (Continued) Order No. 09-4170334 - A
Affects: Parcel 3
8. Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 2003-2004.
APN: 255-062-17
Default No.: none shown
Default Date: July 1, 2004
Amounts to redeem for the above stated fiscal year (and subsequent years, if any) are:
Amount: $11,682.73
By: July 31, 2009
Amount: $11,814.34
By: August 31, 2009
Affects: Parcel 3
9. An assessment by the improvement district shown below
Assessment
(or Bond) No: 1915
Series; 96-1
District; Olivenhain Municipal Water District
For: Olivenhain Municipal Water Storage Project
Bond issued: October 4, 1996
Said assessment is collected with the county/city property taxes.
Failure to pay said taxes prior to the delinquency date may result in the above assessment
being removed from the County Tax Roll and subjected to Accelerated Judicial Bond
Foreclosure.
Affects: Parcel 3
10. The lien of supplemental taxes, ifany, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of
California.
11. The fact that the right to excavate and to extend drainage structures and embankment
slopes beyond the limits of the street or highway named below, where required for the
construction and maintenance thereof, has been granted in a document;
Street/Highway: Rancho Santa Fe Road
Granted to: The County of San Diego
Recorded: February 16, 1967, Instrument/File No. 21427, of Official Records
Reference is made to said document for full particulars.
Affects; All Parcels
CLTA Preliminary Report Form - Modified (11/17/06)
ITEMS; (Continued) Order No. 09-4170334 - A
12. Covenants, conditions and restrictions in the declaration of restrictions but omitting any
covenants or restrictions, ifany, based upon race, color, religion, sex, sexual orientation,
familial status, martial status, disability, handicap, national origin, ancestry or source of
income, as set forth in applicable state or federal laws, except to the extent that said
covenant or restriction is permitted by applicable law.
Recorded; April 13, 1973, Instrument No. 73-095442,
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat
the lien of any mortgage or deed of trust made in good faith and for value.
Affects; Lot 249
13. The fact that the ownership of said land does not include rights of access to or from the
street, highway, or freeway abutting said land, such rights having been relinquished by the
map of said Tract.
Affects; Lots abutting on Rancho Santa Fe Road
Affects; Lot 182
14. Easement(s) for the purposes(s) shown below and rights incidental thereto as delineated
or as offered for dedication, on the map of said tract.
Purpose; for sewer purposes
Affects; Over Lot 181 as shown on Map No. 8059
Purpose: for public utility and tree planting
Affects; Over the front 10 feet of Lots 180, 181 and 182
Purpose; for drainage purposes
Affects; Over Lot 182 as shown on Map No. 8059
15. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document;
Granted to; Leucadia County Water District
Purpose: for sewer pipeline or pipelines
Recorded; January 22, 1975, Instrument No. 75-015595, of Official Records
Affects: Those portions of Lot 181 designated Sewer Easement Dedicated on
said Map
Reference is made to said document for full particulars.
16. Covenants, conditions and restrictions in the declaration of restrictions but omitting any
covenants or restrictions, ifany, based upon race, color, religion, sex, sexual orientation,
familial status, martial status, disability, handicap, national origin, ancestry or source of
income, as set forth in applicable state or federal laws, except to the extent that said
covenant or restriction is permitted by applicable law.
Recorded; July 29, 1975, Instrument No. 75-196642,
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat
the lien of any mortgage or deed of trust made in good faith and for value.
Affects; Lots 180, 181 and 182
CLTA Preliminary Report Form - Modified (11/17/06)
ITEMS: (Continued) Order No. 09-4170334 - A
17. Matters contained in that certain document entitled "Memorandum of Agreement" dated
None shown, executed by and between Daon Corporation, a Delaware corporation, and
Rancho La Costa, Inc., a Nevada Corporation recorded March 10, 1981, Instrument No.
81-072864, of Official Records, which document, among other things, contains or
provides for: a right of reasonable prior architectural approval.
Reference is hereby made to said document for full particulars.
Affects: All Parcels
18. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document;
Granted to: San Diego Gas and Electric Company
Purpose: Public utilities
Recorded: November 15,1984, Instrument No. 84-431210, ofOfficial Records
Affects; As shown in said document.
The exact location and extent of said easement is not disclosed of record.
Reference is made to said document for full particulars.
Affects: Lots 181 and 182
19. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount: $200,000.00
Dated: December 1, 1982
Trustor; Presbytery of San Diego, a Religious Corporation
Trustee: Title Insurance and Trust Company, a California Corporation
Beneficiary: The United States Presbyterian Church in the Untied States of
America, a Corporation
Loan No.; None shown
Recorded; March 22, 1983, Instrument No. 83-088592, of Official Records
Affects; Parcel 3
An assignment of the beneficial interest under said deed of trust which names;
Assignee: San Diego Trust & Savings Bank, a California banking corporation
Loan No.: None shown
Recorded: December 20,1991, Instrument/File No. 1991-0663358, ofOfficial
Records
20. Any discrepancies in boundary or any rights which may arise or exist which are disclosed
by
Record of
Survey No.: 9355
Recorded: June 2, 1983, Instrument/File No. 83-185465, of Official Records
Affects: to show various boundaries and dimensions of Parcels 1 to 3
CLTA Preliminary Report Form - Modified (11/17/06)
ITEMS; (Continued) Order No. 09-4170334 - A
21. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount; $200,000.00
Dated: April 2, 1985
Trustor; Presbytery of San Diego, a Religious Corporation
Trustee: Ticor Title Insurance Company of California, a California Corporation
Beneficiary; Synod of Southern California and Hawaii, a California Corporation
Loan No.: None shown
Recorded; May 28, 1985, Instrument No. 85-185711, ofOfficial Records
22. Matters contained in that certain document entitled "Contract for Future Public
Improvements" dated June 4, 1985, executed by Presbytery of San Diego, a Religious
Corporation recorded June 18, 1985, Instrument No. 85-216063, of Official Records.
Reference is hereby made to said document for full particulars.
Affects: Parcels 1 and 2
23. Matters contained in that certain document entitled "Agreement for Assessment of Real
Property for Water Improvements" dated October 1, 1996, executed by and between
Olivenhain Municipal Water District and Christ Presbyterian Church, Rancho La Costa
recorded February 18, 1997, Instrument No. 1997-0071188, ofOfficial Records.
Reference is hereby made to said document for full particulars.
Affects: Parcels 1 and 2
24. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount; $547,000.00
Dated: June 22, 1999
Trustor: Christ Presbyterian Church of Rancho La Costa in Trust for the
Presbyterian Church (U.S.A.)
Trustee; Stewart Title Company, a California Corporation
Beneficiary; Presbyterian Church (U.S.A.) Investment and Loan Program, Inc., a
not for profit corporation
Loan No.: None shown
Recorded: June 22, 1999, Instrument No. 1999-0435413, of Official Records
Affects: Parcels 1 and 2
25. A Notice of Concerning Aircraft Environmental Impacts Case No. SDP 03-10
Recorded: March 3, 2004, Instrument No. 2004-0174153, of Official Records.
Reference is made to said document for full particulars.
26. A Notice of Restriction On Real Property
Recorded; March 29, 2004, Instrument No. 2004-0256499, of Official
Records.
Reference is made to said document for full particulars.
CLTA Preliminary Report Form - Modified (11/17/06)
ITEMS; (Continued) Order No. 09-4170334 - A
27. A Notice of Concerning Aircraft Environmental Impacts Case No. SDP 03-14
Recorded: April 8, 2004, Instrument No. 2004-0300275, of Official Records.
Reference is made to said document for full particulars.
28. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document;
Granted to: San Diego Gas and Electric Company
Purpose: Public utilities
Recorded; August 5, 2004, Instrument No. 2004-0740726, ofOfficial Records
Affects; Said land
Reference is made to said document for full particulars.
29. This Company will require the following documents for review prior to the issuance ofany
title assurance predicated upon a conveyance or encumbrance by the corporation named
below.
Corporation: Christ Presbyterian Church of Rancho La Costa
(a) A copy of the corporation By-Laws and Articles of Incorporation.
(b) An original or certified copy of the Resolution authorizing the subject
transaction, together with a Certificate of Compliance pursuant to
Section 5912 or 7912 Corporations Code.
(c) If the Articles and/or By-Laws require approval by a "parent"
organization, we will also require a copy of those By-Laws and
Articles of Incorporation.
The right is reserved to add requirements or additional items after completion of such
review.
30. This Company will require the following documents for review prior to the issuance of any
title assurance predicated upon a conveyance or encumbrance by the corporation named
below.
Corporation: Presbytery of San Diego
(a) A copy of the corporation By-Laws and Articles of Incorporation.
(b) An original or certified copy of the Resolution authorizing the subject
transaction, together with a Certificate of Compliance pursuant to
Section 5912 or 7912 Corporations Code.
(c) If the Articles and/or By-Laws require approval by a "parent"
organization, we will also require a copy of those By-Laws and
Articles of Incorporation.
The right is reserved to add requirements or additional items after completion of such
review.
END OF ITEMS
CLTA Preliminary Report Form - Modified (11/17/06)
ITEMS; (Continued) Order No. 09-4170334 - A
Note 1. None of the items shown in this report will cause the Company to decline to attach CLTA
Endorsement Form 100 to an Extended Coverage Loan Policy, when issued.
Note 2. The Company is not aware of any matters which would cause it to decline to attach the
CLTA Endorsement Form 116 indicating that there is located on said land Church known
as 7807 Centella Street, Carisbad, CA to an Extended Coverage Loan Policy.
Note 3. There are NO deeds affecting said land, recorded within twenty-four (24) months of the
date of this report.
Note 4. A property inspection will be made prior to recording the trust deed to be insured. If such
inspection discloses any evidence of commencement of a work of improvement, the
coverage for mechanics' lien insurance will be deleted from the policy, unless all the
necessary documents for indemnification have been submitted to the Company and such
indemnification has been formally approved by the Company, prior to recording the trust
deed.
Notes. Property taxes for the fiscal year shown below are PAID. For proration purposes the
amounts are:
APN: 255-062-25
Fiscal year 2008-2009
1st Installment: $488.74 PAID
2nd Installment; $488.74 PAID
Exemption; $None
Land: $1,538,708.00
Improvements; $1,107,738.00
Personal Property: $None
All Other: $2,646,446.00
Code Area: 09045
Note 6. If property taxes are posted paid less than 45 days from the issuance of the policy
contemplated by this report, the Company will hold the amount of the tax, plus
delinquency and penalty until verification of payment is received. If verification has not
been received within 45 days of the issuance of the policy contemplated, the Company
will pay the taxes due. If property taxes have been paid through an impound account and
we are furnished written confirmation of same or you can provide a copy of the canceled
check, this requirement may be waived.
If a monthly payment for any deed of trust to be paid in full is made
less than 30 days from the issuance of the policy contemplated by this report, the
Company will hold an amount equal to that payment until verification of payment is
received from the lender. If verification has not been received within 30 days of the
issuance of the policy contemplated, the funds held will be forwarded to the lender. If a
canceled check or other form of proof of payment can be furnished, this requirement may
be waived.
CLTA Preliminary Report Form - Modified (11/17/06)
ITEMS: (Continued) Order No. 09-4170334 - A
Note 7. NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002,
sets the fee for the processing and recordation of the reconveyance of each Deed of Trust
being paid off through this transaction at $45.00. The reconveyance fee must be clearly
set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an
assignment or authorized release of that fee, from the Beneficiary to the Trustee of record,
must be included. An example of the required language is as follows:
"The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of
record, the sum of $45.00, included herein as "Reconveyance Fees", for the processing
and recordation of the Reconveyance of the Deed of Trust securing the indebtedness
covered hereby, and the escrow company or title company processing this pay-off is
authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the
Trustee of record or the successor Trustee under the Trust Deed to be paid off in full."
In the event that the reconveyance fee and the assignment, release or transfer thereof are
not included within the demand statement, then Fidelity National Title Insurance Company
and its Underwritten Agent may decline to process the reconveyance and will be forced
to return all documentation directly to the Beneficiary for compliance with the requirements
of the revised statute.
Note 8. If a county recorder, title insurance company, escrow company, real estate broker, real
estate agent or association provides a copy of a declaration, governing document or deed
to any person, California law requires that the document provided shall include a statement
regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face
type and may be stamped on the first page of any document provided or included as a
cover page attached to the requested document. Should a party to this transaction
request a copy of any document reported herein that fits this category, the statement is
to be included in the manner described.
Note 9. Wiring instructions for Fidelity National Title Company, San Diego, California, are follows;
Receiving Bank; Bank of America NT&SA, 333 South Beaudry Avenue, Los Angeles, CA
90017-1466
Bank ABA No.; 026009593
Beneficiary; Fidelity National Title
Account No. 050-7916151
Reference Title Officer; Jerry Digdigan
Title Order No. 4170334
These wiring instructions are for this specific transaction involving the title Department of
the San Diego office of Fidelity National Title. These instructions therefore should not be
used in other transactions without first verifying the information with our accounting
department. Its is imperative that the wire text be exactly as indicated. Any extraneous
information may cause unnecessary delays in confirming the receipt of funds.
Note 10. The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated
stipulated judgments entered in actions filed by both the Attorney General and private
class action plaintiffs for the herein described property.
END OF NOTES
10 CLTA Preliminary Report Form - Modified (11/17/06)
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not
insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or
violation of any law or government regulation. This
includes building and zoning ordinances and also laws
and regulations concerning;
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the
enforcement of these matters which appear in the
public records at policy date.
This exclusion does not limit the zoning coverage
described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the
public records on the Policy Date
the taking happened prior to the Policy Date and
is binding on you if you bought the land without
knowledge of the taking
3. Title Risks;
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the
Policy Date-unless they appeared in the public
records
that result in no loss to you
that first affect your title after the Policy Date -
this does not limit the labor and material lien
coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described
and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your
land
This exclusion does not limit the access coverage in
Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against
loss, costs, attorneys' fees, and the expenses resulting
from;
1. Any rights, interests, or claims of parties in possession
of the land not shown by the public records.
2. Any easements or liens not shown by the public
records. This does not limit the lien coverage in Item
8 of Covered Title Risks.
Any facts about the land which a correct survey
would disclose and which are not shown by the public
records. This does not limit the forced removal
coverage in Item 12 of Covered Title Risks.
Any water rights or claims or title to water in or under
the land, whether or not shown by the public records.
Attachment One (11/17/06)
ATTACHMENT ONE
(CONTINUED)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
EXCLUSIONS FROM COVERAGE
1990
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss
or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or
a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, orthe effect of any violation
ofthese laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting
the land has been recorded in the public records at
Date of Policy.
(b) Any governmental police power not excluded by
(a) above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at
Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy
which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other
matters;
(a) whether or not recorded in the public records at
Date of Policy, but created, suffered, assumed or
agreed to by the insured claimant;
(b) not known to the Company, not recorded in the
public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured
claimant;
(d) attaching or created subsequent to Date of Policy;
or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage or for the estate or interest
insured by this policy.
Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at
Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply
with the applicable doing business laws of the state in
which the land is situated.
Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is
based upon usury or any consumer credit protection
or truth in lending law.
Any claim, which arises out ofthe transaction vesting
in the insured the estate or interest insured by this
policy or the transaction creating the interest of the
insured lender, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors'
rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of;
PAFiT I
Taxes or assessments which are not shown as
existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by
the public records. Proceedings by a public agency
which may result in taxes or assessments, or notices
of such proceedings, whether or not shown by the
records of such agency or by the public records.
Any facts, rights, interests or claims which are not
shown by the public records but which could be
ascertained by an inspection of the land or which may
be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,
not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in
area, encroachments, or any other facts which a
correct survey would disclose, and which are not
shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a),
(b), or (c) are shown by the public records.
Attachment One (11/17/06)
ATTACHMENT ONE
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.LT.A. ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss
or damage, costs, attorneys' fees or expenses which arise
by reason of;
1. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment ofthe land; (ii) the character, dimensions or
location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change
in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the
extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has
been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date
of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would
be binding on the rights of a purchaser for value
without knowledge.
3. Defects, liens, encumbrances, adverse claims, orother
matters:
(a) created, suffered, assumed or agreed to by the
insured claimant;
(b) not known to the Company, not recorded in the
public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured
claimant;
(d) attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the priority
of the lien of the insured mortgage over any statutory
lien for services, labor or material or to the extent
insurance is afforded herein as to assessments for
street improvements under construction or completed
at Date of Policy); or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage
because ofthe inability or failure ofthe insured at Date
of Policy, or the Inability or failure of any subsequent
owner of the indebtedness, to comply with applicable
doing business laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is
based upon usury or any consumer credit protection or
truth in lending law.
6. Any statutory lien for services, labor or materials (or
the claim of priority of any statutory lien for services,
labor or materials over the lien ofthe insured mortgage)
arising from an Improvement or work related to the land
which is contracted for and commenced subsequent to
Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured
mortgage which at Date of Policy the insured has
advanced or is obligated to advance.
7. Any claim, which arises out ofthe transaction creating
the interest of the mortgagee insured by this policy, by
reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is
based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the subordination of the interest of the insured
mortgagee as a result of the application of the doctrine
of equitable subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser
for value or a judgement or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage;
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing
liens by the records of any taxing authority that levies
taxes or assessments on real property or by the public
records. Proceedings by a public agency which may
result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of
such agency or by the public records.
2. Any facts, rights, interests or claims which are not
shown by the public records but which could be
ascertained by an inspection of the land or which may
be asserted by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof,
not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in
area, encroachments, or any other facts which a
correct survey would disclose, and which are not
shown by the public records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a),
(b) or (c) are shown by the public records.
Attachment One (11/17/06)
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy, and the Company will not pay
loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating
to
(i) the occupancy, use, or enjoyment of the Land; 4.
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(ill) the subdivision of land; or
(iv) environmental protection; 5.
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 1 (a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This 6.
Exclusionl(b) does not modify or limit the coverage
provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not
modify or limit the coverage provided under Covered
Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, orother
matters 7.
(a) created, suffered, assumed, or agreed to by the
Insured Claimant;
(b) not Known to the Company, not recorded in the
Public Records at Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the
Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured
Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have
been sustained if the Insured Claimant had paid value
for the Insured Mortgage.
Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of an Insured to
comply with applicable doing-business laws of the
state where the Land is situated.
Invalidity or unenforceability in whole or in part of the
lien of the Insured Mortgage that arises out of the
transaction evidenced by the Insured Mortgage and is
based upon usury or any consumer credit protection
or truth-in-lending law.
Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors'
rights laws, that the transaction creating the lien of
the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in
Covered Risk 13(b) of this policy.
Any lien on the Title for real estate taxes or
assessments imposed by governmental authority and
created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public
Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
that arise by reason of;
1. (a) Taxes or assessments that are not shown as
existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by
the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the
records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not
shown by the Public Records but that could be
ascertained by an inspection of the Land or that may
be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof,
not shown by the Public Records.
Any encroachment, encumbrance, violation, variation,
or adverse circumstance affecting the Title that would
be disclosed by an accurate and complete land survey
of the Land and not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a),
(b) , or (c) are shown by the Public Records.
Attachment One (11/17/06)
ATTACHMENT ONE
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss
or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (1) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (ill) a separation in ownership or
a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
ofthese laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting
the land has been recorded in the public records at
Date of Policy.
(b) Any governmental police power not excluded by
(a) above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at
Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy
which would be binding on the rights of a purchaser
for value without knowledge.
Defects, liens, encumbrances, adverse claims, or other
matters;
(a) created, suffered, assumed or agreed to by the
insured claimant;
(b) not known to the Company, not recorded in the
public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date
the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured
claimant;
(d) attaching or created subsequent to Date of Policy,
or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the estate or interest insured by this policy.
Any claim, which arises out of the transaction vesting
in the insured the estate or interest insured by this
policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
(i) the transaction creating the estate or interest
insured by this policy being deemed a fraudulent
conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest
insured by this policy being deemed a preferential
transfer except where the preferential transfer results
from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser
for value or a judgement or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as
existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by
the public records. Proceedings by a public agency
which may result in taxes or assessments, or notices
of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not
shown by the public records but which could be
ascertained by an inspection of the land or which may
be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,
not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in
area, encroachments, or any other facts which a
correct survey would disclose, and which are not
shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a),
(b) or (c) are shown by the public records.
Attachment One (11/17/06)
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy, and the Company will not pay
loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating
to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 1 (a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion
1 (b) does not modify or limit the coverage provided
under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not
modify or limit the coverage provided under Covered
Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, orother
matters
(a) created, suffered, assumed, or agreed to by the
Insured Claimant;
4.
(b) not Known to the Company, not recorded in the
Public Records at Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the
Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured
Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have
been sustained if the Insured Claimant had paid value
for the Title.
Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors'
rights laws, that the transaction vesting the Title as
shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
Any lien on the Title for real estate taxes or
assessments imposed by governmental authority and
created or attaching between Date of Policy and the
date of recording of the deed or other instrument of
transfer in the Publlc Records that vests Title as
shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
that arise by reason of:
2.
(a) Taxes or assessments that are not shown as
existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by
the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the
records of such agency or by the Public Records.
Any facts, rights, interests, or claims that are not
shown by the Public Records but that could be
ascertained by an inspection of the Land or that may
be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof,
not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation,
or adverse circumstance affecting the Title that would
be disclosed by an accurate and complete land survey
of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a),
(b), or (c) are shown by the Public Records.
Attachment One (11/17/06)
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or
violation of any law or government regulation. This
includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the
enforcement of these matters if notice of the violation or
enforcement appears in the Public Records at the Policy
Date.
This Exclusion does not limit the coverage described in
Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of
them, to be constructed in accordance with applicable
building codes. This Exclusion does not apply to
violations of building codes if notice of the violation
appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless;
a. notice of exercising the right appears in the Public
Records at the Policy Date; or
b. the taking happened before the Policy Date and is
binding on You if You bought the Land without
Knowing of the taking.
4. Risks;
a. that are created, allowed, or agreed to by You,
whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to
Us, unless they appear in the Public Records at the
Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not
limit the coverage described in Covered Risk 7, S.d,
22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right;
a. to any Land outside the area specifically described
and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in
Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as
follows:
For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of
Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered
Risk 14:
Covered
Risk 15:
Covered
Risk 16:
Covered
Risk 18;
Your Deductible
Amount
1.00% of Policy Amount
or $ 2,500.00
(Whichever is less)
1.00% of Policy
Amount
or $ 5,000.00 (Whichever is less)
1.00% of Policy Amount or
$ 5.000.00
(Whichever is less)
1.00% of Policy Amount
or
$ 2,500.00
(Whichever is less)
Our Maximum Dollar
Limit of Liability
$ 10,000.00
$ 25,000.00
$ 25,000.00
$ 5,000.00
Attachment One (11/17/06)
ATTACHMBvJT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss
or damage, costs, attorneys' fees or expenses which arise
by reason of;
1. (a) Any law, ordinance or governmental regulation
(including but not limited to zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the Land; (ii) the character,
dimensions or location of any improvements now
or hereafter erected on the Land; (iii) a separation
in ownership or a change in the dimensions or
areas of the Land or any parcel of which the Land
is or was a part; or (iv) environmental protection,
or the effect of any violation of these laws,
ordinances or governmental regulations, except to
the extent that a notice of the enforcement
thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in
the Public Records at Date of Policy. This
exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14, and 16 of this
policy.
(b) Any governmental police power not excluded by
(a) above, except to the extent that a notice of
the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in
the Public Records at Date of Policy. This
exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14, and 16 ofthis
policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the Public Records at
Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy
which would be binding on the rights of a purchaser
for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the
Insured Claimant;
(b) not Known to the Company, not recorded in the
Public Records at Date of Policy, but Known to
the Insured Claimant and not disclosed in writing
to the Company by the Insured Claimant prior to
the date the Insured Claimant became an Insured
under this policy;
(c) resulting in no loss damage to the Insured
Claimant;
(d) attaching or created subsequent to Date of Policy
(this paragraph does not limit the coverage
provided under Covered Risks 8, 16, 18, 19, 20,
21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have
been sustained if the Insured Claimant had paid
value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of the Insured at Date
of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with applicable
doing business laws of the state in which the Land Is
situated.
5. Invalidity or unenforceability of the lien of the Insured
Mortgage, or claim thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is
based upon usury, except as provided in Covered Risk
27, or any consumer credit protection or truth in
lending law.
6. Real property taxes or assessments of any
governmental authority which become a lien on the
Land subsequent to Date of Policy. This exclusion does
not limit the coverage provided under Covered Risks 7,
8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of
priority of the lien of the Insured Mortgage as to
advances or modifications made after the Insured has
Knowledge that the vestee shown in Schedule A is no
longer the owner of the estate or interest covered by
this policy. This exclusion does not limit the coverage
provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as
to each and every advance made after Date of Policy,
and all Interest charged thereon, over liens,
encumbrances and other matters affecting the title, the
existence of which are Known to the Insured at;
(a) The time of the advance; or
(b) The time a modification is made to the terms of the
Insured Mortgage which changes the rate of interest
charged, if the rate of interest is greater as a result of
the modification than it would have been before the
modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion
thereof to have been constructed before, on or after
Date of Policy in accordance with applicable building
codes. This exclusion does not apply to violations of
building codes if notice of the violation appears in the
Public Records at Date of Policy.
Attachment One (11/17/06)
Notice
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential
property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you do not
have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in
this transaction.
If your previous transaction involved property different from the property that is the subject of your current
transaction, you must - prior to the close of the current transaction - inform the Company of the eariier transaction,
provide the address of the property involved in the previous transaction, and the date or approximate date that the
escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the
Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the
Company information concerning a prior transaction, the Company is required to determine if you qualify for a
discount which is subject to other terms and conditions.
Effective through November 1, 2014
Effective Date: 5/1/2008
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your
non-public personal information ("Personal Information") and protecting your Personal Information is
one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we
use the Personal Information we receive from you and from other specified sources, and to whom it
may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending
on the business performed, FNF companies may share information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources;
Information we receive from you on applications or other forms, such as your name, address, social
security number, tax identification number, asset information, and income information;
Information we receive from you through our Internet websites, such as your name, address, email
address, Internet Protocol address, the website links you used to get to our websites, and your
activity while using or reviewing our websites;
Information about your transactions with or services performed by us, our affiliates, or others, such
as information concerning your policy, premiums, payment history, information about your home
or other real property, information from lenders and other third parties involved in such transaction,
account balances, and credit card information; and
Information we receive from consumer or other reporting agencies and publicly recorded
documents.
Disclosure of F>ersonal Information
We may provide your Personal Information (excluding information we receive from consumer or other
credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining
your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures
may include, without limitation, the following:
To insurance agents, brokers, representatives, support organizations, or others to provide you with
services you have requested, and to enable us to detect or prevent criminal activity, fraud, material
misrepresentation, or nondisclosure in connection with an insurance transaction;
To third-party contractors or service providers for the purpose of determining your eligibility for an
insurance benefit or payment and/or providing you with services you have requested;
To an insurance regulatory authority, or a law enforcement or other governmental authority, in a
civil action, in connection with a subpoena or a governmental investigation;
To companies that perform marketing services on our behalf or to other financial institutions with
which we have joint marketing agreements and/or
To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest
in title whose claim or interest must be determined, settled, paid or released prior to a title or
escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such
disclosure is reasonably necessary to comply with the law or to protect the safety of our customers,
employees, or property and/or to comply with a judicial proceeding, court order or legal process.
Page 1 of 2
Effective Date: 5/1/2008
Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts
about your transaction with other FNF companies, such as insurance companies, agents, and other real
estate service providers to provide you with services you have requested, for marketing or product
development research, or to market products or services to you. We do not, however, disclose
information we collect from consumer or credit reporting agencies with our affiliates or others without
your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers
or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted
by law.
Confidentiality and Security of F'ersonal Information
We restrict access to Personal Information about you to those employees who need to know that
information to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard Personal Information.
Access To Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under
certain circumstances to find out to whom your Personal Information has been disclosed, and request
correction or deletion of your Personal Information. However, FNF's current poiicv is to maintain
customers' Personal Information for no less than vour state's required record retention requirements
for the purpose of handling future coveraae claims.
For your protection, all requests made under this section must be in writing and must include vour
notarized signature to establish vour identity. Where permitted by law, we may charge a reasonable
fee to cover the costs incurred in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Changes to this FYivacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our website. The
effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement
was revised or materially changed.
Page 2 of 2
2351
Recording Requested by
SAM OIEGO GAS b ELECTRIC COOPANY
When Recordsd
Hail to: SDG&E, F. 0. Box 1831
San Diego, CA 92112
ATTN: Office Services, Roon 611
84-481210
ril t OfiriED IN , OKFICI/.L HtlCCHns I OF SAHCIEGOCOCHlr.CA,
Li?
NOV 15 PH 2= 08
VERAi.OiE i
COUNIY.-;LCCSrCR
.SPACE ABOVE FOR RECORDER'S USf
Transfer Tax Nooe
SAN OIEGO CAS 6 EUCTRIC COMPANY
128936
EASEMENT
PRESBYTERY OF SAN DIEGO, a religious corporation, (Grantor), for valuable
consideration, grants to SAN DIECO CAS & ELECTRIC COMPANY, a corporation (Grantee), an
easement and right of way in, upon, over, under and across the lands hereinafter
described, to erect, construct, change the size of. improve, reconstruct, relocate,
repair, maintain and use facilities consisting of:
1. Underground facilities and appurtenances for the transmission and
distribution of electricity.
2. Pipelines and appurtenances for any and all purposes.
3. Comnunication facilities, and appurtenances.
Tbe above facilities will be installed at such locations and elevations upon,
along, over and under the hereinafter described easement as Grantee may now or hereafter
deem convenient or necessary. Grantee also has the right of ingress and egress, to,
from and along this easement in, upon, over and across the hereinafter described lands.
Grantee further has the right, but not the duty to clear and keep tbis easement clear
from explosives, buildings, structures and auterials.
The property in which this easement and right of way is hereby granted is
situated in the County of San Oiego, State of California, described as follows:
Lots 181 and 182 of Santa Fe Glens, according to Nap thereof
No. 8059. filed in the office of the County Recorder of said County of
San Diego.
The easement in the aforesaid property shall bc a strip of land,
Including all of the area lying between the exterior sidelines, which
sidelines shall be three (3) feet, measured at right angles, on each exterior
-1-81-0235-S
•J
r;
side.o.
2352
each and every facility installed within said property on or before
31 . isec.
Grantor shall not erect, place or construct, nor permit to be erected, placed
or constructed, any building or other structure, plant any tree, drill or dig any well,
within this easement.
Grantor shall not increase or decrease the ground surfece elevations within
this easement after installation of Grantee's facilities, without prior written consent
of Grantee, which consent shall not unreasonably be withheld.
Grantor further grants to Grantee the right to assign any or all of the rights
granted in this easement in idtole or in part to The Pacific Telephone and Telegraph
Company and/or to other companies providing utility or comunication facilities.
Grantee shall have the right but not the duty, to trim or remove trees and
brush along or adjacent to this easement and remove roots from within this easement
whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty
as owner to trim or resiove trees and brush to prevent danger or hazard to property or
persons.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CtWDUCTORS, AND PIPELINES MAY CARRY
VOLATILE NATERIALS, therefore Grantor shall not make or allow any excavation or fill to
be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY
AND OBTAINING PERMISSION.
This easement shall be binding upon and inure to the benefit of successors,
heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor
and Grantee.
day of
IN WITNESS WHEREOF. Grantor executed this instrument this 24th October 19 84.
Executed in the Presence ot:
Witness
PRESBYTERY OF SAN DIEGO, a
religious corporation
BY
Drawn
Checked
Sketch
Date
MOPAC
Richards
None
7/6/84
75379-01,02
Const. No. 2055380. 1351770
A.P. No. 223-062-17
-2-81-0235-S
•Cv't-'-r'^i
MMI I til I
2353
OOUKTVOF San UlfiflD SS.
on Octotier 24. 1984
taia sum. pwaanUy appMiiad . John I. Lucas
. Mion im. ma undmigmd. a Nwwi''uMe In and lar
. patMnaSy MOM to ma (or in imad to iaa on Via Helvnie F. VHII^rd, Jr,
laai* o( wMahetonr avldinoal w ka Sia pataana a^ie aiacHWd M aMiiin imini^^
.. SactVMiy. an aaaaH of
The Presbytery of San Diegn
iha corporatjon Miataln niiwd. and iclineniasgae » aie that
aiieft corporalion aiaeundwaaitNninatfunwntpmaMeaHe
M DrMM or a Mekitlon al M boanl ol dUMMr*.
wrmCSS my hand and «mcial laaL
SIgnatiira J}. /QiL^d^.
orricMi SCAl
MARYJ.OOENDAHL :
NUcr/ Fub<c.C*M)inia IVmcpal OHiea In
San Dteto Cawv My Conun. E<p Sept. 23, 19<B:
(TMa ana lor oMelil MOHM aaan
FILE Ccityof
C3.rlsb3.cl
NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT
Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to allow
a community garden on property generally located on a vacant lot adjacent to 7807 Centella
Street, Carlsbad, California, and more particularly described as:
APN: 255-062-17-00
If you have any objections to the granting of this MCUP or wish to have an administrative hearing
to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within 10 calendar days of the date of this notice. If you
have any questions, please call Pam Drew, Associate Planner, in the Planning Division at (760)
602-4644.
CASE NO.: MCUP 15-13
CASE NAME: CHRIST PRESBYTERIAN CHURCH COMMUNITY GARDEN
DATE: August 11, 2015
CITY OF CARLSBAD
PLANNING DIVISION
Community & Economic Development
Planning Division
1635 FaradayAvenue I Carisbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
SITE MAP
iSi
NOT TO SCALE
Christ Presbyterian Church
Community Garden
MCUP 15-13
SCALE 1'' = 1D'
PRELIMINARY LANDSCAPE PLAN
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FERNANDES MATTHEW&JESSIGA
3115 LEVANTE ST
CARLSBAD CA 92009
I
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WHITEHEAD THERESA M
1042 NEL CAMINO REAL #B239
ENCINITAS CA 92024
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CATON DAVID&PILCH JENNIFER
7809 ESTANCIA ST
CARLSBADCA 92009
MUNOA JAMES R&LUANN
3142 LEVANTE ST
CARLSBAD CA 92009
LERNER JEFFREY A&STRIKE ANNA E
7804 ESTANCIA ST
CARLSBADCA 92009
KNEBEL CHERYL L
3173 VIA IRIS
CARLSBADCA 92009
STRAHAN JAMES W&TONI R
7771 CALLE ANDAR
CARLSBAD CA 92009
PRADARELLI DARLENE A FAMILY TRUST 10-
01-08
3189 VIA IRIS #29
CARLSBAD CA 92009
PRIOR WILLIAM D&NANCY L REVOCABLE
TRUST 11-12-04
7802 ESTANCIA ST
CARLSBAD CA 92009
GLATTS RONALD&CHRIS LIVING TRUST 02-
29-12
1420 DOLPHIN CT
SAN MARCOS CA 92078
CLARK ANGELA L SOLE&SEPARATE
PROPERTY TRUST 11-2
3170 VIA IRIS
CARLSBAD CA 92009
KRAFT DENNIS&ANN FAMILY TRUST 02-21-
05
3178 VIA IRIS
CARLSBAD CA 92009
DZlUK ALLEN&KATHLEEN TRUST 12-13-02
7805 ESTANCIA ST
CARLSBAD CA 92009
PERSIDOK JACEK A&TAMARA J
13994 BOQUITA DR
DEL MAR CA 92014
OAKLEY CIGI A
7767 CALLE ANDAR
CARLSBAD CA 92009
FISHER ROGER M
7757 CALLE ANDAR
CARLSBAD CA 92009
NAPITUPULU LINDU A&MILDRED P
7626 GALLEON WAY
CARLSBAD CA 92009
JOHNSON DEAN&NICOLA L
7808 ESTANCIA ST
CARLSBAD CA 92009
BRAY FAMILY TRUST 05-19-10
7812 ESTANCIA ST
CARLSBAD CA 92009
MACK ALBERT&DEBRA LIVING TRUST 10-20-
12
7256 VIA MARIPOSA NORTE
BONSALL CA 92003
PETERS DAVID M&JANET M FAMILY TRUST
09-20-10
P 0 BOX 2326
RCHO SANTA FE CA 92067
NELSON LLOYD S&CYNTHIA S
7801 CENTELLA ST #5
CARLSBAD CA 92009
CAMPAGNA RICHARD V
7801 CENTELLA ST #7
CARLSBAD CA 92009
KO KYONG SUK
3186 VIA IRIS
CARLSBAD CA 92009
SPINK JAMES J
3169 VIA IRIS
CARLSBAD CA 92009
ESCHRICH KAREN
7769 CALLE ANDAR
CARLSBAD CA 92009
PURDY SUSAN
3181 VIA IRIS
CARLSBAD CA 92009
WOOLF BARBARA J REVOCABLE TRUST 05-
07-10
3177 VIA IRIS
CARLSBADCA 92009
TSAI ALYSSA FAMILY TRUST 04-09-11
7731 CALLE ANDAR
CARLSBAD CA 92009
AVELLINO CHRISTOPHER A&LISA I
7729 CALLE ANDAR
CARLSBAD CA 92009
Etiquettes faciles a peler
Utilisez le gabarit AVERY® 5160® Sens de chargement
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r^v^ler le rebord Pop-Up™ J vvww.avery.com
1-800-GO-AVERY
easy reel- i.auei3
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SANDKNOP MARCA
7736 VIA RICO
CARLSBAD CA 92009
Feed Paper uena aiong line to
expose Pop-Up Edge^'
ROTHE LORI L TRUST 03-23-10
7740 VIA RICO
CARLSBAD CA 92009
AVERY® 6241™
MAOLA MARC A&KATHLEEN A
7739 VIA RICO
CARLSBAD CA 92009
SCOFIDIO ROB&ANGELKA
7731 VIA RICO
CARLSBAD CA 92009
MATHIS LIVING TRUST 09-24-05
3128 LEVANTE ST
CARLSBAD CA 92009
RAISTY JOHN E
7801 CENTELLA ST #4
CARLSBAD CA 92009
EARLEY LIVING TRUST 10-20-09
7818 ESTANCIA ST
CARLSBAD CA 92009
TRIEBELL CYNTHIA D
7747 CALLE ANDAR
CARLSBAD CA 92009
WILLIAMSON L^URA K
3174 VIA IRIS
CARLSBAD CA 92009
TINDELL JOHN H
3167 VIA IRIS
CARLSBAD CA 92009
GARDNER GREENWALT TRUST 08-12-11
7811 ESTANCIA ST
CARLSBAD CA 92009
MALHOTRA VIKRAM Y&MAMTA
7986 PASEO MEMBRILLO
CARLSBAD CA 92009
MOSS BYRON&BONNIE R
7737 CALLE ANDAR
CARLSBAD CA 92009
DEBELLIS MIKE&KAREN F
32882 STAYSAIL DR
DANA POINT CA 92629
DEFRANCISCO REGINA E TRUST 06-08-98
52 ACACIA TREE LN
IRVINE CA 92612
SILVA MIKE
325 MIGUEL ST
SAN FRANCISCO CA 94131
HENRICA HOLDINGS LLC
7668 EL CAMINO REAL #104-436
CARLSBAD CA 92009
RAMIREZ MARKJ&ANAP
7818 QUEBRADA CIR
CARLSBAD CA 92009
LEAHY TARA A
17311 BONNER DR
TUSTIN CA 92780
A&M FAM ILY TRUST 11-29-09
3760 ARAPAHO PL
CARLSBAD CA 92010
SPIRITO MICHAEL&JAMIE
4912 AVILA AVE
CARLSBAD CA 92008
POLANSKY OLSON LIVING TRUST 09-09-10
7758 CAMINITO ENCANTO #101
CARLSBADCA 92009
TAN ALYSSA J
7759 CALLE ANDAR
CARLSBAD CA 92009
HURST LAUREN T
3185 VIA IRIS
CARLSBADCA 92009
HU QIYUE&WANG WEI
6508 GROSS AVE
WEST HILLS CA 91307
SAPIEN DOLORES J REVOCABLE 2006
TRUST 05-01-06
3101 SERRANO DR
CARLSBAD CA 92009
ERMOLIEFF JACQUES&KIMBERLEY A
3190 VIA IRIS
CARLSBAD CA 92009
DAVIS MICHAEL L&TERESAA
7741 CALLE ANDAR
CARLSBAD CA 92009
BALLARD LIVING TRUST 11-03-99
7761 CALLE ANDAR
CARLSBAD CA 92009
REYNAGA SHELLY L
7801 CENTELLA ST #6
CARLSBADCA 92009
lltlquettes faciles a peler
Utilisez le gabarit AVERY® 5160® Sens de chargement
Repiiez a la hachure afin de |
r6v6ler le rebord Pop-Up™ ! www.avery.com
1-800-GO-AVERY
easy reel" Laoeia
Use Avery® Template 5160®
PENNINGTON WILLIAM J SR&MARLINE
3194 VIA IRIS
CARLSBAD CA 92009
Feed Paper Bend along line to expose Pop-Up Edge™
CHAVEZ JUAN M&PATRICIA M INTER VIVOS
TRUST 08-04
3198 VIA IRIS
CARLSBAD CA 92009
AVERY® 624i™
CORONA LIVING TRUST 10-25-06
7579 DEHESA CT
CARLSBAD CA 92009
SWALLOW JOHN&DANI
7732 VIA RICO
CARLSBAD CA 92009
DARABI FAMILY TRUST 12-04-00
3112 LEVANTE ST
CARLSBAD CA 92009
KIAH ROBERT&NUSBAUM SARAH S
2841 COTTINGHAM ST
OCEANSIDE CA 92054
BRIGDEN IAN M&TRISHELL D
7810 ESTANCIA ST
CARLSBAD CA 92009
HUANG FAMILY TRUST 07-19-10
7816 ESTANCIA ST
CARLSBADCA 92009
HOGAN FAMILY LLC
PMB 227
P 0 BOX 5000
RANCHO SANTA FE CA 92067
YU TING-KUO&CHING Y
520 N BEVERLY DR
BEVERLY HILLS CA 90210
KOBAYASHI HIROSHI&KATHLEEN A FAMILY
TRUST 04-14-
7815 ESTANCIA ST
CARLSBAD CA 92009
STOKES JAMES&BARBARA FAMILY TRUST
03-03-04
7817 QUEBRADA CIR
CARLSBAD CA 92009
FAIST CAMERON
7735 VIA RICO
CARLSBAD CA 92009
CHRIST PRESBYTERIAN CHURCH
7807 CENTELLA STREET
CARLSBAD CA 92009
A notice has been mailed to
all property owners/occupants
listed herein.
Date:
iwnerb/occup
Signature:
itiquettes faciles a peler
Utilisez le gabarit AVERY® 5160® Sens de chargement
Repiiez ci la hachure afin de |
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1-800-GO-AVERY
I I
I
1
MCUP & CUP ANNUAL REVIEW SHEET
INSTRUCTIONS = .E
1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY.
2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND
APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS).
3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE,
FIRE, ETC.).
4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT
FOR THE REVIEW.
5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW.
6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN.
7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE
(ADMIN WILL FILE).
PROJECT INFORMATION
CASE NAME: CHRIST PRESBYTERIAN COMMUNITY GARDEN
CASENUMBER: =M=C=U=P~l=S~-1=3~-----------------------------------
APPROVING RESO NO . .::....;N'-l---::..,;AO----________________ _
PLANNER COMPLETING REVIEW: PAM DREW ~~~~------------------------
PROJECT HISTORY
Does project have a code complaint history?
If yes, check those that apply and explain below.
0 Code Enforcement 0 Police
[gl Yes
Comments (include corrective actions taken and date compliance obtained):
H/CED\.PLANNING/TEMPLATE/MCUPANNUALREVIEWSHEET
0 No
0 Fire Prevention
03/13
~-"'~~-)·.1
MKJ';J
REVIEW INFORMATION
~~.:; ~,~e~mitexpired? D Yes ~~e ofrview: 10/20/16
arne: Christ Presbyterian Church
[gl No Permit expires: =-P=erp=-+-=e=tu=i=-=.ty~-----------------
[gl Applicant [gl Owner D Oilier
Ifoilier,srnretitle: ~N~A~-----------------------------------------------------
*CURRENT APPLICANT INFORMATION:
Name: Amy Kennedy Phone: 760-753-3290 ext. 0
Contact name (if different): =Sa=m=e ______________________________________________ _
Address: 7807 Centella Street, Carlsbad, CA 92009
Mailing (if different): ::::.S=am=e _______________________________________________ _
E-mail: (optional)
*CURRENT OWNER INFORMATION:
Name: Christ Presbyterian Church Phone: .:..._76"""'0'---'-'75::..::3'---3"'-'2~9c..:::O ______________ _
Contact name (if different): ::...;A=m:.=.y~--=-'K=e=-=nn::..:.e=d:=.y.__ ______________________________ _
Address: 7807 Centella Street, Carlsbad, CA 992009
Mailing (if different): ~S:::>:am=e __________________________________________ _
E-mail: (optional)
Does project comply with conditions of approved plans?
I:8J Yes 0 No If no, list below the condition(s) and/ or plan aspects the project is
not in compliance with per resolution number or exhibit.
Corrective action(s) to be taken:
None
follow-up review and confJ!:med project compliance:
/ ./J
Planner Signature Senior Planner Signature
*Applicant and owner information must be updated for annual review to be complete.
Q'\CED'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 03/13
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
*ALWAYS SEND EXHIBITS
DATE: OCTOBER 7, 2015
PROJECT NO(S): MCUP 15-13 REVIEW NO: 2
PROJECT TITLE: CHRIST PRESBYTERIAN COMM GARDEN
APPLICANT: CHRIST PRESBYTERIAN CHURCH
TO:
•
•
•
•
•
•
•
•
•
Land Development Engineering-D. Rick
Police Department - J. Sasway
Fire Department - Greg Ryan
Building Division - Will Foss
Parks & Recreation (Parks/Trails) - Liz Ketabian
Parks & Recreation (Trees & Medians) - Kyle Lancaster
Public Works Department (Streets)
Public Works Department (Traffic) - John Kim
Public Works (Utilities Design) - Kirsten Plonka
SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
FROM: PLANNING DIVISION/DREW
Q Public Works (Storm Drain) - Clayton Dobbs
• Public Works (Wastewater) - Don Wasko
0 Public Works (Water) - Eric Sanders
1 I Water/Sewer District
Q Landscape Plancheck Consultant - PELA
[[] School District
n North County Transit District - Planning Dept.
n Sempra Energy - Land Management
O Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, bv 10/28/15. If you have "No Comments," please so state. If vou determine that there are items
that need to be submitted to deem the application "complete" for processing, please immediatelv contact
the applicant and/or their representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS:
Date
PLANS ATTACHED
Review & Comment 8/14
^ CARLSBAD
CITY OF
Memorandum
October 21, 20155
To: Pam Drew, Project Planner
From: David Rick, Project Engineer
Via: Jason Geldert, City Engineer
Re: SUBJECT: MCUP 15-13 CENTELLA STREET COMMUNITY GARDEN
CONDITIONS
Land Development Engineering has completed its review of the above referenced project for
application completeness and has determined that the application and plans submitted for this
project are complete and suitable for continued review. Engineering staff does not have any
comments to add to the project. Please add the following conditions to the approving
resolution/letter:
33. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to
prevent silt runoff during construction, general housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other management
practices or devices to prevent or reduce the discharge of pollutants to stormwater,
receiving water or stormwater conveyance system to the maximum extent practicable.
Developer shall notify prospective owners and tenants ofthe above requirements.
36. Prior to construction. Developer shall complete and submit to the city engineer a
Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards.
Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm
Water Compliance form and appropriate Tier level Storm Water Pollution Prevention
Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city
engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per
the city's latest fee schedule.
40. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction ofthe city engineer.
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
'ALWAYS SEND EXHIBITS
DATE: AUGUST 6. 2015
PROJECT NO(S):
PROJECT TITLE:
APPLICANT:
MCUP 15-13 REVIEW NO: 1 PROJECT NO(S):
PROJECT TITLE:
APPLICANT:
CENTELLA STREET COMMUNITY GARDEN
PROJECT NO(S):
PROJECT TITLE:
APPLICANT: CHRIST PRESBYTERIAN CHURCH
PROJECT NO(S):
PROJECT TITLE:
APPLICANT:
TO:
^ Land Development Engineering
I I Police Department - J. Sasway
^ Fire Department - Greg Ryan
n Building Division-Will Foss
O Parks & Recreation (Parks/Trails) - Liz Ketabian
r~| Parks & Recreation (Trees & Medians) - Kyle Lancaster
n Public Works Department (Streets)
n Public Works Department (Traffic) - John Kim
n Public Works Department (Design) - David Ahles
O SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
• Public Works (Storm Drain) - Clayton Dobbs
• Public Works (Wastewater) - Don Wasko
• Public Works (Water)-Eric Sanders
[~] Water/Sewer District
Q Landscape Plancheck Consultant - PELA
• School District
0 North County Transit District - Planning Dept.
1 I Sempra Energy - Land Management
Q Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
FROM: PLANNING DIVISION
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, bv 8/26/15. Ifyou have "No Comments," please so state. Ifvou determine that there are items that
need to be submitted to deem the application "complete" for processing, please immediatelv contact the
applicant and/or their representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS:
PLANS ATTACHED
Review & Comment 8/14
CITY OF
^ CARLSBAD
Memorandum
August 21, 2015
To: Pam Drew, Project Planner
From: David Rick, Project Engineer
Via: Jason Geldert, City Engineer
Re: MCUP 15-13 CENTELLA COMMUNITY GARDEN
COMPLETE
Land Development Engineering has completed a review ofthe above-referenced project for
completeness and engineering issues of concern. All items needed for engineering review are
provided for determining the application as complete. Engineering issues which need to be
resolved or adequately addressed prior to staff making a determination on the proposed
project are as follows:
1. Submit a preliminary title report preferably dated within the past 6 months. Plot all
easements listed in the report.
2. Specify that the vehicular travelled areas on site and preferably all other exposed areas
outside the raised beds consist of stabilized decomposed granite rather than mulch.
Stabilized decomposed granite shall maintain its perviousness.
3. It appears that the lot, in addition to having many mounds from rodents, has a few low
spots in the rear. Thus, fine grading may be needed. Show any proposed grading and
list grading quantities no matter how small the quantities may be. Plot topographic
contours and/or surface elevations along with drainage arrows to show existing and
proposed drainage flow. The overall proposed drainage pattern should be directed
towards Centella Street to match the current flow pattern.
4. Provide a driveway approach designed per SDRSD DWG No. G-14A and show the
approach with ADA compliant sidewalk transition on the site plan.
5. Plot the right-of-way boundary/front property line which is located 10 feet from the
face of curb.
If you or the applicant has any questions, please either see or contact me at 602-2781.
DAVID RICK
Associate Engineer
Land Development Engineering
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
Pam Drew
From: Mario Remillard
Sent: Monday, August 03, 2015 1:34 PM
To: Pam Drew
Subject: RE: Community Garden Water Line
Hi Pam,
As tong as they follow the mandated water days and times for any overhead irrigation it looks good to go. Thank you.
Mario Remillard
Meter & Customer Services Supervisor/Conservation Coordinator
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, Ca 92008
760-438-2722 Ext. 7153
iCarlsbad
Municipiat Water District
From: Pam Drew
Sent: Monday, August 03, 2015 1:30 PM
To: Mario Remillard
Subject: Community Garden Water Line
Hi Mario,
I don' know ifyou are the right person to ask them question, but I thought I would start with you. The Presbyterian
Church located on Centrella Street submitted a site plan and pipe layout for their community garden. Cheryl, the
applicant, stated that someone from our water district looked at their water tie-in at the street and was okay with it.
Please let me know if you need to review and sign off on the attached water pipe plan.
Thank you,
C City of
Carlsbad
Planning Division
Pam Drew
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
www.carlsbadca.Rov
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
•ALWAYS SEND EXHIBITS
DATE: AUGUST 6. 2015
PROJECT NO(S): MCUP 15-13 REVIEW NO: 1
PROJECTTITLE: CENTELLA STREET COMMUNITY GARDEN
APPLICANT: CHRIST PRESBYTERIAN CHURCH
TO:
^ Land Development Engineering
0 Police Department - J. Sasway
^ Fire Department-Greg Ryan
1 I Building Division-Will Foss
0 Parks & Recreation (Parks/Trails) - Liz Ketabian
1 I Parks & Recreation (Trees & Medians) - Kyle Lancaster
n Public Works Department (Streets)
r~| Public Works Department (Traffic) - John Kim
[]] Public Works Department (Design) - David Ahles
Q SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
FROM: PLANNING DIVISION/Q^^A^
O Public Works (Storm Drain) - Clayton Dobbs
• Public Works (Wastewater) - Don Wasko
[~~| Public Works (Water)-Eric Sanders
O Water/Sewer District
O Landscape Plancheck Consultant - PELA
0 School District
Q North County Transit District - Planning Dept.
Q Sempra Energy - Land Management
1 I Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, by 8/26/15. If you have "No Comments," please so state. If vou determine that there are items that
need to be submitted to deem the application "complete" for processing, please immediatelv contact the
applicant and/or their representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS:
Signature Date
PLANS ATTACHED
C 0 ^'
Review & Comment 8/14
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checldist
PROJECT NUMBER: MCUP 15-13 CENTELLA STREET COMMUNITY GARDEN
BUILDING ADDRESS: 7807 CENTELLA ST
PROJECT DESCRIPTION: COMMUNITY GARDEN
ASSESSOR'S PARCEL NUMBER: 255-062-17-00
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: G. Ryan Date: 08.19.2015
DENIAL
Please see the attached report of deficiencies marked with
[3. Make necessary corrections to plans or specifications
for compliance with applicable codes and standards. Submit
corrected plans and/or specifications to this office for review.
By:
By:
By:
Date:
Date:
Date:
ATTACHIVIENTS FIRE DEPARTMENT CONTACT PERSON
NAME:
ADDRESS:
PHONE:
1635 Faraday Ave
Carlsbad, CA 92008
(760) 602-4665
COMMENTS:
Pam Drew
From:
Sent:
Centella Street Community Garden <centellastreetgarden@gmail.com>
Tuesday, August 23, 2016 9:43 AM
To: Pam Drew
Subject: Re: Owner Agreement Letter
Thanks Pam. You will definitely have to stop by sometime and see the progress. The best part for me are the
relationships that are forming in the garden. The community is coming together. We have folks from the
apartments, from the condos in front of them and from the townhomes on the comer across the street. Folks are
meeting their neighbors that they have been living next to and have never met.
We have a waiting list for Phase 2!!!!
Thanks again and have a great day.
Cheryl
On Tue, Aug 23,2016 at 9:38AM, Pam Drew <Pam.Drew@carlsbadca.gov> wrote:
Great news. Thank you Cheryl for all your determination and hard work on behalf of the church and its members for a
very worthwhile project.
From: Centella Street Community Garden [mailto:centellastreetgarden@gmail.com]
Sent: Tuesday, August 23, 2016 9:36AM
To: Pam Drew
Subject: Re: Owner Agreement Letter
Hi Pam,
That is our plan. We plan to have DG with stabilizer from the entry way around beds 1, 2, 3 and 4 and access
to the shed as well. We will us the mulch throughout the box and plot pathways.
Thank you,
Cheryl
1 On Tue, Aug 23,2016 at 9:28AM, Pam Drew <Pam.Drew@carlsbadca.gov> wrote:
1
Hi Cheryl,
I am so glad to hear your garden is coming to fruition. Thank you for working with the new apartment owner on the
proposed changes. My only concern is to make sure there is a DG path from the entrance to a few of the plots for
wheelchair access. Otherwise, I am fine with your two changes.
1 Thank you for keeping me in the loop. I'll have to stop by and see the garden.
From: Centella Street Community Garden [mailto:centellastreetgarden@gmail.com]
Sent: Tuesday, August 23, 2016 8:21AM
To: Pam Drew
Subject: Owner Agreement Letter
Good Morning Pam,
As per our conversation a couple months back, we have approached the new owner and have received her
'
1 agreement to the two changes to the garden.
i
1. No 30 foot screen trees along the north end of the property.
2. Replacing the DG along the path ways between the beds and plots with mulch instead of DG with
stabilizer.
I have attached letter signed by both myself and the Jing Zeng, the new owner.
Please let me know if you have any questions. We are very excited, we have all our boxes and 8 of our plots
in Phase I filled. The gardeners are excited about their new community and are already harvesting fruits and
veggies from their gardens.
· Thanks so much for all your help.
i
2
Pam Drew
From:
Sent:
To:
Subject:
Attachments:
Good Morning Pam,
Centella Street Community Garden <centellastreetgarden@gmail.com>
Tuesday, August 23, 2016 8:21 AM
Pam Drew
Owner Agreement Letter
OWNER AGREEMENT LETTER.pdf
As per our conversation a couple months back, we have approached the new owner and have received her
agreement to the two changes to the garden.
1. No 30 foot screen trees along the north end of the property.
2. Replacing the DG along the path ways between the beds and plots with mulch instead ofDG with stabilizer.
I have attached letter signed by both myself and the Jing Zeng, the new owner.
Please let me know if you have any questions. We are very excited, we have all our boxes and 8 of our plots in
Phase I filled. The gardeners are excited about their new community and are already harvesting fruits and
veggies from their gardens.
Thanks so much for all your help.
Cheryl Wright
1
August 18, 2016
Jing Zeng
7323 Convoy Court, B111
San Diego, CA 92111
Dear Jing,
Thank you for working with us and agreeing to the following Centella Street Community Garden Plan
Changes:
1. Landscape on the north slope, against the property line, will not be planted with large screen
trees. We will instead plant the slope with a native landscape that will work well with the
community garden and look aesthetically pleasing for the community.
2. The community garden pathways will be constructed of mulch instead of decomposed granite
throughout. We will however use decomposed granite in the entry way and some of the common
area.
By signing below, you acknowledge that you are aware of these changes and have agreed that the Centella
Street Community Garden may move ahead with these changes.
----~.~-·-·~-r-/-~-------c---JJ/'--?._~_Li_{,
Signature(Jing?j' g~~ Date
i '-·· -~·----{
Sincerely,
Cheryl Wright
Centella Street Community Garden
FILE Ccityof
Carlsbad October 30, 2015
Cheryl Wright
Centella Community Garden
7807 Centella Street
Carlsbad, CA 92009
SUBJECT: NOTICE OF RESTRICTION - MCUP 15-13 - CHRIST PRESBYTERIAN COMMUNITY GARDEN
Dear Applicant:
Please find the enclosed document that needs to be signed, notarized, and returned for recordation. This
is to fulfill a condition of approval of the MCUP 15-13. Please ensure the following items are addressed
prior to returning to the city:
V Correct Notary Acknowledgement Required (Effective January 1, 2008. all Certificates of
Acknowledgement used by a California notarv on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399))
v" Document must be properly notarized (Effective Januarv 1, 2015. California Civil Code sections 1189
and 1195 and California Government Code section 8202 requires a specific notice to be included at
the top of every acknowledgment, proof of execution ofan instrument, and affidavit sworn to before
a notary public within California).
V Name on signature page and name on Notarial Acknowledgement must match.
V Property owner's signatures/initials must be the same as on Notary Acknowledgement.
^ Notary seal cannot be blurry/too light (County will not record the document if any portion ofthe
Notary Seal is blurry or too light)
Include property owner's name in the designated space above the owner's signature.
Please pay particular attention to the signature requirements at the bottom of the signature page.
V Please do not fold documents.
V Return original signed and notarized documents.
It is our goal to assist you in getting the document recorded as expeditiously as possible. If you have any
questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst
at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov.
Sincerely,
PAM DREW
Associate Planner
c: Michele Masterson, CED Senior Management Analyst
File Copy
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbaci, CA 92008-7314 | 760-602-46001 760-602-8560 f | www.carlsbadca.gov
Ccityof
Carlsbad
September 1, 2015
Centella Street Community Garden
C/O CPC
7807 Centella Street
Carlsbad, CA 92009
SUBJECT: 1st REVIEW FOR MCUP 15-13 - CHRIST PRESBYTERIAN CHURCH COMMUNiTY GARDEN
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Minor Conditional Use Permit, application no. MCUP 15-13, as to its completeness for processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date of this communication. The
City may, in the course of processing the application, request that you clarify, amplify, correct, or
otherwise supplement the basic information required for the application. In addition, you should also be
aware that various design issues may exist. These issues must be addressed before this application can
be scheduled for a hearing. The Planning Division will begin processing your application as of the date of
this communication.
At this time, the City asks that you provide two (2) complete sets of the development plans so that the
project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25
davs.
In order to expedite the processing of your application, please contact me at (760) 602-4644, to discuss
or to schedule a meeting to discuss your application and to completely understand this letter. You may
also contact each commenting department individually as follows:
• Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781
PAM DREW
Associate Planner
PD:fn
c: The Presbytery of San Diego, Linda Thene, 3707 Udall Street, San Diego, CA 92107
Scott Donnell, Senior Planner
David Rick, Associate Engineer
File Copy
CommuniP/M"oUmic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-7314 (760-602-4660 ( 760-602-8560 f | www.carlsbadca.gov
MCUP 15-13 -^;H|ST iSl^^l^lAN CHURCH COMMUNITY GARDEN
September 1,281^,.;^ "I j %
Page 2
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
None
Engineering:
None
ISSUES OF CONCERN
Planning:
1. Please submit a revised site plan showing the location of the compost bins, storage area and
seating bench closer to the church and away from the apartment building.
2. Please consider installing a sign on the fence or gate with contact information in case of an
emergency and include hours of operation.
3. Consider relocating the raised beds close to the entry gate for ADA accessibility.
Engineering:
1. Submit a preliminary title report preferably dated within the past 6 months. Plot all easements
listed in the report.
2. Specify that the vehicular travelled areas on site and preferably all other exposed areas outside
the raised beds consist of stabilized decomposed granite rather than mulch. Stabilized
decomposed granite shall maintain its perviousness.
3. It appears that the lot, in addition to having many mounds from rodents, has a few low spots in
the rear. Thus, fine grading may be needed. Show any proposed grading and list grading
quantities no matter how small the quantities may be. Plot topographic contours and/or surface
elevations along with drainage arrows to show existing and proposed drainage flow. The overall
proposed drainage pattern should be directed towards Centella Street to match the current flow
pattern.
4. Provide a driveway approach designed per SDRSD DWG No. G-14A and show the approach with
ADA compliant sidewalk transition on the site plan.
5. Plot the right-of-way boundary/front property line which is located 10 feet from the face of curb.
James & Judy Hogan
PO Box 5000 pmb 41
Rancho Santa Fe, CA 92067
August 21,2015
City of Carlsbad
Community & Economic Development
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: Pam Drew, Associate Planner
Re: Christ Presbyterian Church
Community Garden Project
APN 255 -062/Case No: MCUP 15-13
Dear Ms Pam Drew,
In 2013 the Hogan Families (Hogan Family LLC) purchased the townhome apartment project located at
7803 Centella Street, Carlsbad California and invested over $ 300,000.00 in renovation, both inside and
outside, and are very proud ofthe community housing facility that we have created for both the City of
Carlsbad and our family tenants that live there.
At the time of our purchase ($2,200,000.00) ofthe project, there was a previous interim use ofthe
YMCA facility at the site, which had its highest use activities located near the southerly border of the
parcel. The project had no vehicle access or parking on-site, received very low maintenance and had
dust, rodent, noise and shared property line fencing issues.
When we approached both the church ownership and the City, about these issues we told at the time,
that final plans for a primary church sanctuary were in the process of being approved and the YMCA
interim use was soon to be phased out and ail the issues would be eliminated.
We then approached the church about sharing the cost for either replacing the shared property line
wood fence or installing a permanent block wall fence between the two land use. They refused to
participate.
We then moved ahead with the building of a $ 16,000.00 wall project, increased our rodent
exterminator services and have had to put up with the poor seasonal view shed and dust which
continues.
When we received the Community garden site request for a minor conditional use permit package, we
had mixed emotions because ofthe possible community benefits and the affects that a underfunded
and poorly executed project can have on our project investment and more so on the health, welfare and
life style of the families that live there.
As with most of Carlsbad's older apartment projects, our project does not have air conditioning, so
quality patio/ unit air flow and noise control is imperative. We feel quality air flow and noise control
could be achieved with the ultimate church garden project, but questions the compatibility ofthe
current site plan ofthe proposed community garden.
When we received the minor use permit community garden package, we instantly had missed emotion
and still do.
One issue with the preliminary site plan is that it does not identify the adjacent multi-family use project
that has thirty plus residents and that their private open space and bedrooms are adjacent the full
length ofthe proposed projecfs northerly boundary.
In response the MCUP, we do not have objections to the project and wish to have an administrative
hearing and submit the following exhibits which begin to define our concerns and development
standard that should be applied.
1. Exhibit A - Issues List
2. Exhibit B - Conceptual site plan recommendations
3. Exhibit C- Site and similar project photos
4. Exhibit D - Centella Apartment Homes Site Plan
In closing, we appreciate being notified about the project and the staff assistance that has followed in an
effort for us to clearly understand the process and the project details.
As a family, we have a hundred years of California farming heritage and fifty years of state of the art
landscape contracting and design and clearly understand the benefits ofthe community garden
movement. We will also commit whatever effort necessary to seek a well designed interim use project
that meets everybody's needs.
Cordially, \
James B. (Skip) Hogan
Managing Partner
2/2/
Exhibit A Issues Lists
August 21,2015
Hogan Family LLC
The Centella Street Community Garden
Site Plan Review Issues - Project Development issues Summary (See Attached Site Plan)
1. Existing Building - The existing building in the recently renovated Centella Apartments
Homes project (nine (9) units) which is home to 36 to 40 residents of all ages, whose
private open space is adjacent to the project and the project, will impact their health
safety and welfare.
2. Private Patios/Total Unit - The private patios and total unit will be impacted by the project
by noise, dust/air quality, smell/odor, rodent and visual effect between a church use and
an interim community garden MCUP use.
3. Project street fencing - The project should be fenced for security reasons as well as to
keep the project from becoming an unsupervised teen hang out or a coyote den and to
contain the drainage.
4. Street Parkway - The street parkway should Start at the building set back line and include
street trees, vertical shrubs and ground cover to screen the chaotic appearance that a
community garden can become.
5. 30" high bed for Disabled - The whole issue of handicap access parking has not been
properly addressed.
6. Occasional Vehicle Access - To prevent dust, vehicle access to the site should be restricted
to emergency vehicles and a drop zone provided at the street only.
7. Decomposed Granite or Mulch - Mulch is not a permanent soil coverage; stabilized D.G.
should be utilized for proper site drainage and long term dust control.
8. Compost Bends and Amendment storage - These uses have been located with no concern
to the adjacent residential land use and need to be located at the south end ofthe site.
9. Pipe/Lumber Storage - This use has also been miss-located, and will cause noise problems
and attract rodents. The progression will be that every left over equipment brought to
the site will be stored there. A secured fenced-in area should be provided.
10. The Perimeter Orchard/ 20 foot buffer - The 20 foot buffer adjacent to the apartment
home should be expanded to 30 feet along the northern boundary to allow the planting of
a Ficus nitida hedge 24" box size, 4 foot on center to provide a permanent screen for all
future site uses.
11. storage/ Tool Shed/Vegetable Cleaning/Shade Structure - These land uses will cause the
most interruptive noise issues and should be moved to the south boundary ofthe project,
perhaps on the existing concrete pad.
12.10 X10 in ground beds - The twenty-eight (28) in ground beds will attract 28 gardeners to
the site causing on-street parking issues.
13. 4' X10' Raised Beds - The 38 beds will also contribute to the on-street parking issues.
14. Existing Slab - The existing slab should be the central point ofthe project with limited
vehicle access, storage shed etc. Compost bins, amendment, pipe, lumber storage and
main gated entry. This will cause the least amount of impact to the residential use.
15. Perimeter Beds - The perimeter unfenced bed will dramatically increase the rodent
population and a licensed pest control company should be contracted to abate project
rodent issues.
16. Existing Church Offices. The existing church offices need to provide restrooms and trash
services. At a minimum, portable restroom should be provided.
17. Existing parking Lot - A traffic study should be done to determine the neighborhood
impact of traffic circulation and street parking. Perhaps the church can provide off-street
parking at their existing under-parked lot.
18. On-Street Parking/Planting Bed Density - The sixty-eight (68) total planting beds will add a
minimum of sixty-eight visitors to the site which will impact the residential use which will
impact the current residential uses on-street parking and a traffic study should be
conditioned. Combined with the Sunday Church service, the current on-street parking
issues become even more impacted.
19. Garden Signage/Message Board/ Entry Gate - All these facilities should be located
southerly to reduce impact to residential uses.
20. Community Garden Core - All community garden core uses should be relocated to the
southern boundary to minimize dust, noise, and visual affects ofthe adjacent residential
project.
21. Perimeter Wood Fence - A block wall should be installed along the single family home
project (top of slope) and the site graded to provide positive drainage to Centella Street.
4/21
Hogan Family LLC
Centella Street Community Garden
EXHIBIT 'C - SITE/ SIMILAR PROJECTS PHOTOS
SITE PHOTOS:
Photo A - Centella Apartment Home Street Entry
Photo B - Unit Entry Gardens
Photo C - Current Daily Street Parl<ing Needs
Photo D - Existing Typical Second Floor View
Photo E - Typical Sunday Street Parking
Photo F - Existing Project North Boundry Line Wall
Photo G - Existing Project West Boundry Line Fence
Photo H - Concrete Pad from previous YMC Site Use
Photo I - View from Southern Boundry of Project
4S RANCH COMMUNITY GARDEN PHOTOS:
Photo J - Entry Gate and Fencing
Photo K - Streetscene Screen Planting
Photo L - Typical Plot and On-site Equipment Image
Photo M - Typical Activity Center Image
Photo N - Typical Storage Yard Image
Photo O - TypicalTrash Area
Photo P - Typical Restroom Storage/Office Facility
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TOPOGRAPHIC SURVEY OF:
PARCEL 1: LOT 182 OF CARLSBAD TBACT NO. 73-2 (SANTA FE GLENS). IN THE CITV OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3059. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JANUARY 22. 1975
TOGETHER WITH A PORTION OF LOT 249 OF LA COSTA VALE UNIT NO. 1 MAP THEREOF NO. 7457 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 10. 1972. PER CITY OF CARLSBAD ADJUSTMENT PLAT NO. 205, RECORDED NOVEMBER 9, 1981 AS F/P 81-354854 OF O.R.
PARCEL 2: LOT 181 OF CARLSBAD TRACT NO. 73-a (SANTA FE GLENSl , IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8059. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1975
PARCEL 3: LOT 180 OF CAHLSBAD TRACT NO. 73-2 (SANTA FE GLENS). IN THE CITY OF CAHLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO, 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1975
4.41 TOTAL ACRES
ASSESSOR'S PARCEL NO. 255-052-25 ANO 255-062-17
EASEMENT NOTES:
(a) SEWER EASEMENT OVER EASTERLY 10' LOT 181
ib) DRAINAGE EASEMENT OVER WESTERLY 10' LOT 1B2
(c) PUBLIC UTILITY AND TREE PLANTING PLANTING EASEMENT OVER FRONT 10' OF LOTS 180. 181 AND 182
BENCHMARK:
CHISLEO SQUARE ON CONCRETE CURB SOUTH SIDE OF BRIDGE ABOVE WPA MARK ON LA COSTA RAD 85' WEST OF EL CAMINO HEAL COUNTY BENCH LEVELS NO. OC 102
ELEVATION: 17,770' U,S.C. S G.S.
SET TEMPORARY BENCHMARK ON TOP BRASS DISC STAMPED LS 3189 INSIDE STREET SURVEY MONUMENT AT CENTER CUL-DE-SAC CENTELLA STREET ELEVATION- 2S6.15'
PREPARED FOR:
CHRIST PRESarTERIAN CHURCH 7807 CENTa.L* STREET CARLSBAO, CALIFORNIA 92009
PREPARED BY:
CHRISTOPHER N. DODOS, PLS DODDS LAND SURVEYING. INC. CNDPLSeEAFTTHLINK.NET 16191 60S-7B37 [619) 633-AAS2 (FAX)
®
BENCHMARK: CHISLED SQUARE ON CONCRETE CURB
SOUTH SIDE OF BRIDGE ABOVE WPA MARK
ON LA COSTA RAD 85' WEST OF EL CAMINO REAL
COUNTY BENCH LEVELS NO. OC 102
ELEVATION: 17.770' U.S.C. & G.S.
2015 Garden Application
FEE DUE: $120 annual fee, and $125 key/clean-up deposit.
Name:
City, State and Zip Code:
(No Post Office Box addresses accepted)
Cell Phone: Alternate Phone:
E-mail: By signing below, I acknowledge that I have read and will abide by the Garden Bylaws
and Agreement.
The Bylaws and Agreement documents can be found on Christ Presbyterian Church's
website (www.cpclacosta.orq) The documents are also posted on the bulletin board at
the Gardens.
Signature/Date
Signature/Date
Please return your signed Garden Application form and fee to the CPC Community
Garden office at X?
Be sure to read the Agreement and Bylaw documents before signing the Renewal form.
Return the signed renewal form only along with your application fee. For information,
assistance, or a hard copy of the Bylaws and Agreement, please call X
office use only
Name of CPC Community
Garden Representative:
Date
CPC Community Garden Signature
Method of Payment: Cash Check Check Number.
(circle one)
Rev. 3/8/15
CPC COMMUNITY GARDEN AGREEMENT
This Agreement is made this ::\-^\:y'''''^[.y :.. by Christ Presbyterian Church
(a.k.a. CPC) Community Garden, a non-profit organization and "Gardener".
CPC has established an area for a Community Garden on property owned by the Christ
Presbyterian Church address noted below.
The Gommunity Garden will be divided into parcels in an area of approximately ( )
feet by ( )feet.
Gardeners entering into this agreement are subject to the terms and conditions herein
contained. Violation ofthis agreement and/or Bylaws shall be grounds for termination of
privileges afforded to the Gardener by this Agreement.
NOW, THEREFORE, it is agreed by and between both parties hereto as follows:
1. Gardener is hereby granted the privilege, after paying required fees, (fees are not
pro-rated) of using their assigned garden parcel within the CPC Community
Garden.
2. Gardeners are not permitted to transfer or sell their assigned parcel to another
person.
3. CPC will provide: Parcel for gardening, a water source, gate key or combo lock,
parking area (Church Parking Lot across the street), bathrooms and (trash
dumpster service - also up in the air). Gardener shall provide: labor, tools, seeds,
plants and all other supplies, materials and equipment necessary to work the
parcel.
4. CPC shall have the right, at any time, to enter and inspect any parcel. Gardeners
must maintain their parcel in a clean, neat and weed free condition at all times. A
parcel left untended for thirty (30) days will be reassigned. Prorated fees will not
be reimbursed.
5. CPC is not responsible for any notices that the gardener does not receive due to
change of address, e-mail or phone number. It is the gardener's responsibility to
notify the CPC of any change of contact information immediately.
6. Gardeners shall follow the rules of this Agreement and the attached Bylaws of the
Community Garden, heretofore or hereafter, established by the Community
Garden Board. If a violation is found, gardeners will be notified by communication
designated at the time of agreement either via e-mail, telephone or in writing ofthe
violation. Ifthe violation is not corrected within two (2) weeks ofthe date of
notification, the parcel will be considered abandoned. Violation ofthis agreement
and/or Bylaws shall be grounds for termination of privileges afforded to the
Gardener by this Agreement. Termination notification will be sent via e-mail,
telephone or in writing.
7. Gardener agrees to waive and release Christ Presbyterian Church, its officers,
agents, employees and volunteers from and against any claims, costs, liabilities.
Rev. 3/8/15
expenses or judgments, including attorney's fees and court costs arising out of
participation in CPC's Garden Program, or any illness or injury resulting there
from, and hereby agree to indemnify and hold harmless Christ Presbyterian
Church from and against any and all claims, except illness and injury resulting
directly from gross negligence or willful misconduct on the part of CPC. Gardener
further agrees to indemnify and hold harmless CPC from and against any and all
claims, except illness and injury resulting directly from gross negligence or willful
misconduct on the part of Christ Presbyterian Church or its^employees made by
guests, invitees or other persons coming into the Garden premises at the actual or
implied invitation or consent of the Gardener. Gardener understands that CPC will
not be responsible for Gardener's parcel or for any personal property, which
Gardener may bring into the Garden.
8. CPC may terminate this agreement for any reason with 30 days written notice.
9. This agreement expires on ( ).
Rev. 3/8/15
CPC Community Garden Bylaws
The Community Garden Program has been developed to provide gardeners the
opportunity to actively grow food, flowers and plants for personal enjoyment.
Garden hours: Monday - Saturday, 8:00 a.m. to dusk; Sunday, 9:00 a.m. to dusk.
Motorized Equipment Cannot Be Used Before 9:00 a.m. on Saturday and 11:00 a.m. on
Sunday.
1. Parcels will be assigned by CPC Garden Committee. CPC may assign parcels to
community/charitable organizations as appropriate.
2. There is a limit of one garden parcel per household.
3. Animals are not permitted in the garden area including dogs or pets on a leash
because of potential disease from dog waste. Service dogs will be permitted.
Dog waste must be cleaned up immediately.
4. All crops grown are for personal consumption or gifts - not for commercial use or
resale.
5. CPC is not responsible for the theft of crops, tools, or personal belongings.
6. Organic and environmentally sound practices are encouraged. No synthetic
pesticides or herbicides shall be used at a garden, without the advance approval
of the Parks and Recreation Department.
7. Loitering in the garden after dark is prohibited in the garden or in parking lot area.
8. No smoking is allowed in the garden at any time.
9. (Need to add radio clause. What do we want it to say?)
10. All garden parcels must be kept in a clean, neat and weed free condition at all
times. Gardeners must maintain the aisle way surrounding their parcel and keep
them in a clean, neat and weed free condition. Parcels must be actively
gardened. Parcels not actively gardened for thirty (30) days will be reassigned.
11. All material, plants, pots, supplies, tools, bins, branches, vines, etc., must remain
within the parcel boundary at all times. All aisles must be free and clear of all
plants, tools, pots, etc. Plants whose growth extends into the aisle way must be
kept trimmed. Gardeners are not permitted to place any item, plant or grow any
seed, plant, shrub, tree, or vine on or near the garden fencing or common areas
without the CPC's permission.
12. All items used in the parcel must be appropriate for gardening. Frames
constructed of simple stakes, string, or prefabricated lightweight wire frames
available at nurseries will be allowed. Household items such as baby gates, tires,
bookcases, shelves, construction material, screen doors, mailboxes or other
similar items are not permitted.
Rev. 3/8/15
13. No trees ofany kind will be permitted in individual garden boxes or parcels.
14. Private vehicles may load/unload supplies or equipment only in the designated
area and only for the time needed to load/unload. No vehicles are allowed in the
aisles at any time.
15. Trees, plants, trellis, archways, or any other item in the parcel must not exceed 6
feet in height or unreasonably cast shade onto any other parcel. If any item does
cast shade or impact another parcel in any way, the gardener will trim and/or
adjust the heights or take other necessary measures to eliminate the impact on
the other parcel.
16. No standing water is allowed. All watering must be contained within parcel
boundary, with no overflow.
17. Upon termination of garden contract, it is the responsibility ofthe gardener to
clear the parcel. If a parcel is not cleared, the key/clean-up deposit will not be
refunded.
18. Violation ofthis agreement and/or Bylaws shall be grounds for termination of
privileges afforded to the Gardener.
19. Any unsafe condition should be brought to the attention ofthe CPC Garden
Committee at (email address).
20. Upon any termination or revocation ofan agreement, a gardener shall not be
entitled to any refund of any fee paid to the CPC Community Garden, nor shall a
gardener be entitled to any payment or reimbursement from the CPC Community
Garden on account of any materials planted or improvements made within the
plot. All such material and improvements shall become the property of the CPC
Community Garden.
21. Personal tools/equipment, storage boxes and other gardening materials may be
kept on site in a neat and orderiy manner, within the plot or within a CPC
Community Garden designated communal storage container, at the gardener's
own risk. Equipment left in the communal storage container may be used by
other gardeners.
22. Wasting water is prohibited.
a. Do not flood other plots or pathways.
b. Do not leave the plot unattended while irrigating, unless irrigation is on a
timer.
c. The use of drip systems and tight hose washers is highly encouraged.
d. The use of a water and moisture meter is highly encouraged.
23. Vandalism or theft by gardeners or their guests to a garden will not be tolerated.
24. Keep an eye on children. Gardeners are responsible for any damaged caused to
a garden by their children.
Rev. 3/8/15
ANY GARDENER WHO DOES NOT COMPLY WITH THESE BYLAWS AFTER BEING
PROPERLY NOTIFIED WILL BE REQUIRED TO SURRENDER THEIR GARDEN
PARCEL AND GATE KEY, WITHOUT REFUND.
By Signing the Garden Renewal form, I acknowledge that I have read the Community
Garden Bylaws and agree to abide by all rules and regulations.
Rev. 3/8/15
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