HomeMy WebLinkAboutHMP 15-01; Adams Street Property LLC; 2020-0313845: Irrevocable Offer of Dedication IOD,
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~ECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105
Attn: Legal Division
APN: 206-200-03
DOC# 2020-0313845
111111111111 lllll 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Jun 17, 2020 12:17 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES: 29
IRREVOCABLE OFFER TO DEDICATE
LATERAL PUBLIC ACCESS EASEMENT
AND DECLARATION OF RESTRICTIONS
THIS IRREVOCABLE OFFER TO DEDICATE LATERAL PUBLIC ACCESS
EASEMENT AND DECLARATION OF RESTRJCTIONS (this "Offer") is made as of the date
set forth on the signature page hereto by Adams Street Property, LLC, a Nevada limited liability
company ("Grantor").
I. WHEREAS, Gr~ntor is the· legai owrier of a fee interest of certain real property
located on Adams Street, in Carlsbad, in the County of San Diego, State of California, legally
described in EXHIBIT A attached hereto and incorporated herein by this reference (the
"Property"); and
II. WHEREAS, the California Coastal Act of 1976 (the "Act"), which is codified in.
Division 20 of the California Public Resources Code ("PRC"), PRC§§ 30000 to 30900, defines a
"Coastal Zone" for the State of California to which most of the Act's provisions apply (PRC §
30103), and the Property is located within that Coastal Zone; and
III. WHEREAS, the Act created the California Coastal Commission (the
"Commission") and requires that any coastal development approved by the Commission must be
consistent with the policies of the Act set forth in Chapter 3 thereof; and, as to development
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proposed between the first public road and the sea, must be additionally consistent with the public
access and recreation policies of the Act; and
IV. WHEREAS, the Property is a parcel located between the first public road and the
shoreline; and
V. WHEREAS, under the policies of§ 30210 through § 30212 of the Act, public
access to the shoreline and along the coast is to be maximized, and in all new development
projects located between the first public road and the shoreline shall be provided; and
VI. WHEREAS, pursuant to the Act, Grantor applied to the Commission for a permit to
undertake development (as defined in§ 30106 and as attached hereto as EXHIBIT E and
incorporated herein by this reference) on the Property; and
VII. WHEREAS, on August 8, 2018, the Commission conditionally approved Coastal
Development Permit No. 6-17-0635, and on October 3, 2018, the Executive Director of the
Commission (the "Executive Director") approved an immaterial amendment, 6-17-0635-A 1, in
accordance with the provisions of the Staff Recommendations and Findings (the "Findings"), the
Immaterial Amendment to Coastal Development Permit dated October 19, 2018 ( each
incorporated herein by this reference and on file and available for review at the Commission's
San Diego office), and the Coastal Development Permit As Amended Through A I dated
December 19, 2018 (the "Amended Permit"), attached hereto as EXHIBIT Band incorporated
herein by this reference, subject to the terms and conditions set forth in such documents, including
the following conditions (the "Conditions"):
"4. Lateral Public Access Easement.
(a) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR ANY SALE
OR TRANSFER OF THE PROPERTY, WHICHEVER OCCURS FIRST, the applicant
shall execute and record a document in a form and content acceptable to the Executive
Director, irrevocably offering to dedicate to a public agency or private entity, approved
by the Executive Director, a lateral public access easement for public access and
recreational uses in perpetuity. The easement shall be located along the entire width of
the property along the Agua Hedionda Lagoon shoreline and shall extend 25 feet upland
of the mean high tide line (currently estimated as 4.44 feet NA VD88), which is
understood to be ambulatory from day to day, and as shown in Exhibit 6, and shall
include terms and conditfons consistent with this permit, including Special Condition
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Nos. 5 and 7 of this pennit. No development, as defined in Section 30106 of the Coastal
Act, shall occur within the easement area except for the improvements authorized by this
coastal development pennit by Special Condition Nos. 3, 5, and 7.
The recorded document shall include a legal description and corresponding graphic
depiction of the legal parcel subject to this pennit and a metes and bounds legal
description and a corresponding graphic depiction, drawn to scale, of the perimeter of the
easement area prepared by a licensed surveyor based on an on-site inspection of the
easement area.
The public access easement shall be ambulatory, and the easement boundaries and any
future amenities (e.g., path, trail, benches, etc.) shall move inland within the pennittee's
property, ifrelocation and/or reconstruction of access amenities in the easement area are
necessary to retain their continuity and/or utility. No development, except for an
improved pedestrian pathway and associated trail amenities, shall occur within the
above-identified easement.
(b) The irrevocable offer to dedicate shall be recorded free of prior liens and any other
encumbrances that the Executive Director determines may affect the interest being
conveyed. The document shall provide that the offer of dedication shall not be used or
construed to allow anyone to interfere with any rights of public access acquired through
use which may exist on the property.
(c) The offer to dedicate shall run with the land in favor of the People of the State of
California, binding successors and assigns of the applicant or landowner in perpetuity,
and shall be irrevocable for a period of21 years, such period running from the date of
recording, and indicate that the restrictions on the use of the land shall be in effect upon
recording and remain as covenants, conditions and restrictions running with the land in
perpetuity, notwithstanding any revocation of the offer."
5. Public Access Improvements.
(a) By acceptance of this permit, the applicant agrees for itself and its successors to the
property to be responsible for future implementation and development, including but not
limited to the planning, permit procurement, construction, and all costs associated
therewith, of an improved path of a minimum of ten {I 0) feet in width or as specified in
the citywide trails plan certified by the Commission in the future. The trail shall be
suitable for use by pedestrians as specified by the public access document required
pursuant to Special Condition No. 4 of this coastal development permit. Within 90 days
after an approved entity has recorded an acceptance of the easement as required by
Special Condition No. 4, or, if the City of Carlsbad has not already approved a final trails
plan that proposes a trail for the property at that time, within 90 days of approval of the
City of Carlsbad's final trails plan that proposes a trail for this property, the permittee
shall submit plans for construction of the trail across the property for review and written
approval of the Executive Director. The permittee shall implement the plans within 90
days of Executive Director approval. Said path shall be constructed in accordance with
the City of Carlsbad's final trails plan for the north shore of Agua Hedionda Lagoon. The
easement holder shall be responsible for maintenance of the trail.
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(b) Until submission of the trail plans to the Executive Director, no improvements within the
area subject to the public access easement offer shall be permitted, unless otherwise
authorized or required under the Coastal Act. Future public access trail improvements
shall require an amendment to this permit or a separate coastal development permit,
unless the Executive Director determines a permit or amendment is not legally required.
7. Public Access Sign Program.
(a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall submit for review and written approval of the Executive Director, a public access
signage program that includes the following:
(i) A public access sign of Commission-approved design, consistent with the
approved design of the Agua Hedionda Lagoon Foundation signage program as
shown in Exhibit 7, and informing the public of the existing public access
easement fronting the lagoon at the subject site shall be installed in an easily
visible location at the easternmost end of the public access easement concurrently
with future construction of trail improvements pursuant to Special Condition No.
5.
(b) The perrnittee shall undertake the development in accordance with the approved signage
program. Any proposed changes to the approved signage program shall be reported to the
Executive Director. No changes to the signage program shall occur without a Coastal
Commission-approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required."
and
VIII. WHEREAS, the Commission found that but for the. imposition of the Conditions,
the proposed development could not be found consistent with the Act and that a permit could
therefore not have been granted; and
IX. WHEREAS, Grantor has elected to comply with the Conditions and execute this
Offer so as to enable Grantor to undertake the development authorized by the Amended Permit.
NOW THEREFORE, in consideration of the above and the mutual benefits and conditions
set forth herein, the substantial public benefits for the protection of coastal resources to be
derived, and the granting of the Amended Permit to Grantor by the Commission, Granter hereby
irrevocably offers to dedicate to the people of the State of California an easement in gross and in
perpetuity over a portion of the Property as described below.
1. DESCRIPTION. The easement offered hereby shall be located along the entire width
of the property along the Agua Hedionda Lagoon shoreline and shall extend 25 feet upland of the
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mean high tide line (currently estimated as 4.44 feetNAVD88), and shall be ambulatory from day
to day, as generally depicted in Exhibit 6 to the Findings, which area is specifically described and
depicted in EXHIBIT C attached hereto and incorporated herein by this reference (the "Easement
Area").
The public access easement boundaries and any access future amenities (e.g., path, trail,
benches, etc.) shall move inland within the Property, if relocation and/or reconstruction of access
amenities in the Easement Area are necessary to retain their continuity and/or utility.
2. PURPOSE. The easement is for the purpose of allowing public access and recreational
uses in perpetuity.
3. DECLARATION OF RESTRJCTIONS.
A. Upon recordation of this Offer, and thereafter in perpetuity, the use of the Easement
Area shall be limited to public access and recreation in compliance with the limitations set forth
herein and the Amended Permit. No development (as defined in Section VJ above), other
activities shall occur or be allowed within the Easement Area, with the exception of an improved
pedestrian pathway and associated trail amenities and uses, as set forth in Special Conditions 3, 5
and 7 of the Amended Permit.
B. Grantor shall develop the Easement Area with public access amenities and signage
as described in the Conditions and consistent with the plans approved by the Executive Director
as described therein (the "Development"). All costs and expenses of implementing the
Development, including but not limited to the planning, permit procurement and construction,
shall be borne by Grantor. Grantor shall also be responsible for maintenance of the Development
and the Easement Area in a manner suitable for continuous public access and recreation until the
Executive Director has determined that the Development has been completed consistent with the
Amended Permit and Grantee (as defined below) has accepted this Offer. Thereafter, Grantee
shall be responsible for maintenance of the Development and the Easement Area Until
submission of the trail plans pursuant to the Conditions to the Executive Director, no
improvements shall be permitted within the Easement Area, unless otherwise authorized or
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required under the Coastal Act Future public access trail improvements shall require an
amendment to this Amended Pennit or a separate coastal development permit unless the
Executive Director determines one is not legally required.
C. This Offer shall not be used or construed to allow anyone, to interfere with any
rights of public access acquired through use that may exist on the Property. Grantor shall not
interfere with the public's use of the Easement Area nor take any action inconsistent with such
use, including, without limitation, constructing or improving the Property in a manner
inconsistent with the public's use or enjoyment of the Easement Area or the tenns and conditions
of the Amended Permit. Grantor shall retain all nonnal rights and incidents of ownership of the
underlying fee interest in the Property not inconsistent with the easement.
4. DURATION, ACCEPTANCE AND TRANSFERABILITY. This Offer shall be
irrevocable for a period of 21 years from the date of its recordation. This Offer may be accepted
by any public agency or a private entity acceptable to the Executive Director of the Commission
(the "Grantee"). Such acceptance shall be effectuated by recordation by the Grantee of an
acceptance of this Offer in substantially the fonn attached hereto as EXHIBIT D. Upon such
recordation of acceptance, this Offer and its terms, conditions, and restrictions shall have the
effect of a grant of public access easement in gross and in perpetuity that shall run with the land
and be binding on the heirs, assigns, and successors of the Grantor. After acceptance, the
easement may be transferred to and held by any entity that qualifies as a Grantee under the criteria
hereinabove stated. Acceptance of this Offer is subject to a covenant that runs with the land,
providing that the Grantee may not abandon the easement until such time as Grantee effectively
transfers said easement to an entity that qualifies as a Grantee under the criteria hereinabove
stated. No merger of title, estate or interest shall be deemed effected by any previous,
contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the
Property, or any portion thereof, to Grantee, or its successors or assigns. Grantor, for itself and its
assigns and successors in interest, covenants and agrees that the use of the Property is hereby
restricted as set forth in this Offer and that such restrictions shall remain in full force and effect in
perpetuity. It is the express intent of the parties that the easement or the restrictions hereof not be
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extinguished by, merged into, modified, or otherwise deemed affected by any other interest or
estate in the Property now or hereafter held by the Grantee or its successors or assigns ..
5. REMEDIES. Any act, conveyance, contract, or authorization by the Granter, whether
written or oral, which uses, or would cause to be used, or would permit use of the Property
contrary to the terms of this Offer, will be deemed a violation and a breach hereof. The
Commission, Granter, any Grantee of the easement and any offeree of this Offer may pursue any
and all available legal and/or equitable remedies to enforce the terms and conditions of this Offer
and the easement and their respective interest in the Property. In the event of a breach, any
forbearance on the part of any such party to enforce the terms and conditions hereof shall not be
deemed a waiver of enforcement rights regarding any subsequent breach.
6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to" be paid all real
property taxes and assessments levied or assessed against the Property. It is intended that this
Offer and the restrictions contained herein shall constitute enforceable restrictions within the
meaning of(a) Article XIII,§ 8, of the California Constitution; and (b) § 402.1 of the California
Revenue and Taxation Code or successor statute. Furthermore, this Offer, the easement and the
restrictions hereof shall be deemed to constitute a servitude upon and burden to the Property
within the meaning of§ 3712(d) of the California Revenue and Taxation Code, or successor
statute, which survives a sale of tax-deeded property.
7. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions,
obligations, and reservations contained in this Offer shall be deemed covenants, conditions and
restrictions running with the land and shall be binding upon and inure to the benefit of the
successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary.
8. SEVERABILITY. If any provision of this instrument is held to be invalid or for any
reason becomes unenforceable, no other provision shall be thereby affected or impaired.
II
II
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liability company
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATEOF z~s
COUNTY OF ---UN(J/r
, before me, ~~~=~~=-~W::..=.,___r-=:..._ __ , a
Notary Public, personally appeare~~~<Li-P:--.-...L.L-"".LJ...r.LJ""""~----:-:---,---------.--:-:-~
who proved to.ine on the basis of satisfactory vidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), oi; the entity upon behalfofwhich the person(s) acted, executed the instrument
I certify under PENAL T~ OF PERJURY under the laws of the State of €~a that the
foregoing paragraph is true and correct.
WITNES~ h'!!J" ond official :'°J:
Signature ~-afje!) (L
' -Pt 8i ~ 1"£:f,Pr$ ,Pervfll..5 uc.~t-/Sli,
NOT. CORIE WEU.S ARY PUBl.iC STATE OF TEXAs
MY COMM. EXP. 8/St.2()20
NOTARY 1013076956-g
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(
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This Irrevocable Offer to Dedicate Public Access Easement and Declaration of Restrictions set
forth above is hereby acknowledged by the undersigned on behalf of the California Coastal
Commission, pursuant to authority conferred by ~e California Coastal Commission when it
conditionally approved and amended Coastal Development Permit No. 6-17-0635/6-17-0635-Al
on August 9, 2018 and October 3, 2018, respectively, and the California Coastal Commission
consents to recordation thereof by its duly authorized representative.
Dated: ~/ },. 2021)
CALIFORNIA COAST AL .COMMISSION
(
Louise Warren, Chief Counsel
(
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that docum~nt.
STA TE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On k/ <ii! .A-p, ~ le / .2,2;!12 , before me, ~ 0 .u/JR I.kt !3iJllfU) , a
Notary Public, personally applared Louise Warren, who· proved to me on the basis of satisfactory
evidence to be the_person whose name is subscribed to the within instrument and acknowledged
to me that she executed the same in her authorized capacity, and that by her signature on the
• instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY unde~ the laws of the State of California that the
foregoing paragraph is true and correct.
~ci~~ 'i C • ~~; eo f i Nollry Public-ufffomfa
• • S.n Francisco County f j Comm1ss1or, I 2199874 f My Comm. E,cplm Jun 2, 2021
. u
·,
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
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EXHIBIT'A'
LEGAL DESCRIPTION
FOR
SUBJECT PROPERlY
18-025
8/29/19
THE WESTERLY 75 FEET OF THE EASTERLY 225 FEET OF LOT 6 IN BLOCK •D• OF BELLA VISTA, IN THE CllY
OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152,
FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, THE SIDE LINES
OF SAID PROPERlY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 225 FEET
BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING
MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID EASTERLY 225 FEET.
CONTAINS 20,347 SQUARE FEET, MORE OR LESS.
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EXlllBITB
COASTAL DEVELOPMENT PERMIT 6-17-0635
AS AMENDED THROUGH Al
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STA.Tl! Of CALll'O&NIA. NA'IU!lAL lUlSOURCllS AOENCY ' .. ) BDMUND o: HOWK Ill, Gm'EIIN!lR
CALIFORNIA COASTAL COMMISSION
SAN llll!OQ,@oAST DISIIUCI omcl! 1575 MKTROIIOIJTANDIIIVII. Slll11! IOl
SAN DlllOO, CALll'0IIML\ !1210MC02
P!l..(61!1) 76'1.23'JO FAX (619) 767-2JM WWW CoA!ITALC,. GOY
Pagel
December 19, 2018
Permit Application No.: 6-17-0635
COASTAL DEVELOPMENT PERMIT
AS AMENDED THROUGH Al
On August 8, 2018, the California Coastal Commission granted to Thankful Texans, LLC
this pennit subject to the attached Standard and Special conditions, for development
consisting of Construction of an approximately 4,935 square foot, 2-story single-family
residence with pool on a 20,347 square foot lagoon-fronting lot. Also proposed is
dedication of a 25-foot wide easement landward of the mean high tide line for lateral
-public access along the lagoon and approximately 1,530 cubic yards of grading, more
specifically described in the application filed in the Commission offices.
The development is within the coastal zone at Adams Street, Carlsbad, San Diego County (APN:
206-200-03)
Issued on behalf of the California Coastal Commission by
Sincerely,
ACKNOWLEDGMENT:
John Ainsworth
Executive Director
Erin Prahler
Coastal Program Analyst
The undersigned permittec acknowledges receipt of this permit and agrees to abide by aU terms and
conditions thereof.
The undersigned pennittee acknowledges that Government Code Section 818.4 which states in
pertjnent part of that: "A Public entity is not liable for injury caused by the issuance ... of any
peqrut. .. " applies to the issuance of this permit
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Page2
November 13, 2018
Pennit Application No.: 6-17-0635
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
IMPORTANT: 1HIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE
PERMIT WITII THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE
COMMISSION OFFICE. 14 Cal. Adm.in. Code Section 13158(a).
Dote, /2/1[/~/7{ Sig,,at= L. CvJ«_.
STANDARD CONDfflONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the tenns and conditions, is returned
to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the
date on which the Commission voted on the application. Development shall be pursued in a
diligent manner and completed in a reasonable period of time. Application for extension of
the permit must be made prior to the expiration date. •
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved
by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commi~ion and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
This permit is granted subject to the following special conditions:
1. Final Plans.
(a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMBNf PERMIT, the applicant
shall submit, for the review and written approval of the Executive Director, final site and .
architectural plans approved by the City of Carlsbad that are in substantial conformance
with the site and architectural plans by Howard Anderson Architecture dated June 15, •
2018.
(b) The pennittee shall undertake development in conformance with the approved final plans
unless the Commission amends this permit or the Executive Director determines that no
amendment is legally required for any proposed minor deviations.
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November 13, 2018
Permit Application No.: 6-17-0635
NOTICE OF INTENT TO ISStJE PERMIT
(Upon satisfaction of special conditions)
2. Revised Landscape Plans.
(a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall submit, for the review and written approval of the Executive Director, revised final
landscaping plans approved by the City of Carlsbad that substantially conform with the
preliminary landscape plans by Earth Art Ltd. Dated June 20, 2018, except that they shall
be modified qs follows: •
(i) A planting schedule that indicates that the planting plan shall be implemented within
sixty ( 60) days of completion of construction.
(ii) All graded soils shall be stabilized with planting at the completion of final grading.
Such planting shall be adequate to provide 90 percent coverage within two (2) years.
(iii)All proposed landscaping shall be drought-tolerant, native, fire resistant, non-invasive
plant species that are obtained from local stock. if available, and which have been pre-
approved by a Coastal Commission staff ecologist. Use of turf irrigated with potable
water shall be minirni:zed and irrigated with micro-spray systems. No plant species
listed as problematic or invasive by the California Native Plant Society
(http://www.CNPS.org/). the California Invasive Plant Council (http://www.cal-
ipc.org/). or as may be identified from tiIJ?.e to time by the State of California shall be
employed or allowed to naturalize or persist on the site. No plant species listed as
"noxious weed" by the State of California or_ U.S. Federal Government shall be planted
or allowed to naturalize or persist on the site.
(iv)The proposed stepping stones shall be removed or relocated outside the 100-foot wide
wetland buffer.
(v) Within the 100-foot wide wetland buffer, Festuca californica, Mimulus cardinalts,
Ceanothus griseus, Juncus patens, and Muhlenbergia rigens shall be replaced with
native, drought tolerant coastal sage scrub community species.
(vi) Within the development footprint, Tristaniopsis laurina, Vitex trifolia, Agave "Blue
glow", Aginozanthos jlavidus, Leucadendron safari sunset, and Phormium "Apricot
Queen" shall be replaced with primarily native, non-invasive species: Senecio
mandraliscae and Senecio confuses shall be replaced with native Sce,:,ecio species
commonly found in San Diego County. Trees along the frontage of Adams Street that
would block views of the lagoon shall be eliminated.
(vii) All existing non-native species onsite shall be removed, with the sole exception of
non-native annual grasses, which shall be removed to the extent practicable if found in
high densities onsite.
(viii) The placement of a minimum of one non~invasive specimen size tree (24-inch box
minimum) for every 20 feet of structure along the south-facing portion of the lot and
ammged to maximize screening of the structure from views from Agua Hedionda
Lagoon and Interstate 5 that has been pre-approved by the Coastal Commission staff
ecologist. A minimum of 3 trees shall be provided lagoonward of the building pad for
the proposed residence. The required trees shall be planted within 60 days of
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November 13, 2018
Permit Application No.: 6-17-0635
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
completion of residential construction and be maintained in good growing condition for
the life of the residence. The plan shall also indicate that all landscaping including the
required trees shall consist of species which do not reach sufficient height to block
public views from Adams Street. Said landscaping shall be designed to mitigate the
visual impact of the structure as viewed from the lagoon and Interstate 5. . .
(ix)All landscaped areas on the project site shall be maintained in a littcr,.frcc, weed-free,
and healthy growing condition throughout the life of the project and, whenever
necessary, shall be replaced with new plant materials to ensure continued compliance
with applicable landscape requirements.
(x) Five years from the date of the issuance of the coastal development permit, the
Permittee shall submit for the review and written approval of the Executive Director a
landscaping monitoring report, prepared by a licensed Landscape Architect or qualified
resource specialist; that certifies whether the on-site landscaping is in conformance with
the landscape plan approved pursuant to this special condition. The monitoring report
shall include photographic documentation of plant species and plant coverage.
If the landscape monitoring report indicates the landscaping is not in conformance with
or has failed to meet the performance standards specified in the landscaping plan
approved pursuant to this permit, the Permittee shall submit a revised or supplemental
landscape plan for the review and written approval of the Executive Director. The
revised landscaping plan m~ be prepared by a licensed Landscape Architect or
qualified resource specialist and shall specify measures to remediate those portions of
the approved landscaping plan that have failed or are not in conformance with the
original approved plan.
(xi)The use ofrodenticides containing any anticoagulant compounds is prohibited.
(xii) All irrigation systems shall limit water use to the maximum extent feasible. Use of
reclaimed water for irrigation is encouraged. If permanent systems using potable water
are included in the landscape plan, they shall use water conserving emitters ( e.g., micro
spray) and drip irrigation only. Use of reclaimed water ("gray water "systems) and
rainwater catchment systems are encouraged. Other water conservation measures shall
be considered, including use of weather based irrigation controllers.
(b) All revised landscape plans shall be prepared and certified by a licensed professional: or
professionals as applicable ( e.g., landscape architect or resource specialist), based on
current information and professional standards, and shall be certified to ensure that they are
consistent with the Commission's approval and with the recommendations of any required
technical reports as may be specified below.
(c) The pemlittee shall undertake-development in conformance with the approved final plans
unless the Commission amends this permit or the Executive Director determines that no
amendment is legally required for any proposed minor deviations.
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November 13, 2018
Permit Application No.: 6-17-0635
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
3. Open Space Deed Restriction.
(a) No development, as defined in Section 30106 of the Coastal Act, shall occur in the open
space area between the lagoon edge and 100 feet upland of the mean·high tide line
(~y estimated as 4.44 feet NA VD88) and as generally depicted on Exhibit 4, except
for:
(i) Installation, within the landward 50 feet of the buffer, of a sewer connection to
support the development authorized by this C9astal development permit. limited to
the minimum amount of ground disturbance necessary and with the use of BMPs to
protect water quality in accordance with Special Condition No. 1 O;
(ii) Native landscaping in accordance with Special Condition No. 2;
(iii) Brush management, within the landward 50 feet of the buffer, in accordance with
Special Condition No. 2; and
(iv) Improvements associated with the public access easement required by Special
Condition No. 4, including the access path authorized by Special Condition No. 5,
the signage program authorized by Special Condition No. 7. and any other
improvements contained within the easement, as approved by the Coastal
Commission as an amendment to this coastal development pennit or by a new
coastal development permit
(b) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR ANY SALE
OR TRANSFER OF THE PROPERTY, WIIlCHEVER OCCURS FIRST, the applicant
• shall execute and record a deed restriction in a form and content acceptable to the
Executive Director, reflecting the above restrictions on development in the designated open
space area. The recorded document(s) shall include a legal description and corresponding
graphic depiction of the legal parcel(s) subject to this permit and a metes and bounds legal
description and a corresponding graphic depiction, drawn to scale, of the designated open
space area prepared by a licensed surveyor based on an on-site inspection of the open space
area
( c) The deed restriction shall be recorded free of prior liens and any other encumbrances that
the Executive Director determines may affect the interest being conveyed.
( d) The deed restriction shall run with the land in favor of the People of the State of California,
binding successors and assigns of the applicant or landowner in perpetuity.
4. Lateral Public Access Easement.
(a) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR ANY SALE
OR TRANSFER OF THE PROPERTY, WIIlCHEVER OCCURS FIRST, the applicant
shall execute and record a docwnent in a form and content acceptable to the Executive
Director, irrevocably offering to dedicate to a public agency or private entity, approved by
the Executive Director, a lateral public access easement for public access and recreational
uses in perpetuity. The easement shall be located along the entire width of the property
along the Agua Hedionda Lagoon shoreline and shall extend 25 feet upland of the mean
high tide line (currently estimated as 4.44 feet NAVD88), which is understood to be
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November 13, 2018
Permit Application No.: 6-17-063S
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
ambulatory from day to day, and as shown in Exhibit 6, and shall include terms and
conditions consistent with this permit, including Special Conditiop Nos. 5 end 7 of this
permit. No development, as defined in Section 30106 of the Coastal Act, shall occur within
• the easement area except for the improvements authoriz.ed by this coastal development
permit by Special Condition Nos. 3, 5, and 7.
1be recorded document shall include a legal description and corresponding graphic
depiction of the legal parcel subject to this peunit and a metes and bounds legal description
end a corresponding graphic depiction. drawn to scale, of the perimeter of the easement
area prepared by a licensed surveyor based on an on-site inspection of the easement area.
The public access easement shall be ambajatory, and the easement boundaries and any
future amenities (e.g., path, trail, benches, etc.) shall move inland within the permittee's
property, if relocation and/or reconstruction of access amenities in the easement area are
necessary to retain their continuity and/or utility. No development, except for an improved
pedestrian pathway and associated trail amenities, shall occur within the above-identified
easement.
(b) The irrevocable offer to dedicate shall be recorded free of prior liens and any other
encumbrances that the Executive Director determines may affect the interest being
conveyed. The document shall provide that the offer of dedication shall not be used or
construed to allow anyone to interfere with any rights of public access acquired through use •
which may exist on the property.
( c) The offer to dedicate shall nm with the land in favor of the People of the State of
California, binding successors and assigns of the applicant or landowner in perpetuity, and
shall be irrevocable for a period of 21 years, such period running from the date of
recording, and indicate that the restrictions· on the use of the land shall be in effect upon
recording and remain as covenants, conditions and restrictions running with the land in
perpetuity, notwithstanding any revocation of the offer.
5. Public Access Improvements.
(a) By acceptance of this permit, the applicant agrees for itself and its successors to the
property to be responsible for future implementation and development, including but not
limited to the planning, permit procurement, construction, and all costs associated
therewith, of an improved path of a minimum often (10) feet in width or as specified in the
citywide trails plan certified by the Commission in the future. The trail shall be suitable for
use by pedestrians as specified by the public access document required pursuant to Special
Condition No. 4 of this coastal development permit. Within 90 days after an approved
entity has recorded an acceptance of the easement as required by Special Condition No. 4,
or, if the City of Carlsbad has not already approved a final trails plan that proposes a trail
for the property at that time, within 90 days of approval of the City of Carlsbad's final trails
plan that proposes a trail for this property, the permittee shaU submit plans for construction
of the trail across the property for review and written approval of the Executive Director.
The permittee shall.implement the plans within 90 days of Executive Director approval.
Said path shall be constructed in accordance with the City of Carlsbad's final trails plan for
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November 13, 2018
Permit Application No.: 6-17-0635
NOTICE OF INTENf TO ISSUE PERMIT
(Upon satisfaction of special conditions)
.the north shore of Agua Hedionda Lagoon. The easement holder shall be respolisible for
maintenance of the trail. •
(b) Until submission of the trail plans to the Executive Director, no improvements within the area subject to the public access easement offer shall be permitted, unless otherwise
authorized or required under the Coastal Act. Future public access trail improvements shall
require an amendment to this permit or a separate coastal development permit, unless the
Executive Director determines a permit or amendment is not legally required.
6. Deed Restrktion.
PRIOR TO TIIE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR ANY SALE OR
TRANSFER OF nm PROPERTY, WHICHEVER OCCURS FIRST, the applicant shall
submit to the Executive Director for review and approval documentation demonstrating that
the applicant has executed and recorded against the parcel(s) governed by this permit a deed
restriction, in a form and content acceptable to the Executive Director: (1) indicating that,
pursuant to this permit, the California Coastal Commission has authorized development on the
subject property, subject to terms and conditions that restrict the use and enjoyment of that
property; and (2) imposing the Special Conditions of this permit as covenants, conditions and
restrictions on the use and enjoyment of the Property. The deed restriction shall include a legal
description of the entire parcel or parcels governed by this permit The deed restriction shall
also· indicate that, in the event of an extinguishment or termination of the deed restriction -for
any reason, the terms. and conditions of this permit shall continue to restrict the use and
eajoyment of the subject property so long as either this permit or the development it authorizes,
or any part, modification, or amendment thereof, remains in existence on or with respect to the
subject property.
7. Public Access Sign Program.
(a) PRIOR TO ISSUANCE OF nm COASTAL DEVELOPMENT PERMIT, the applicant
shall submit for review and written approval of the Executive Director, a public access
signage program that includes the following:
(i) A public access sign of Commission-approved design, consi~nt with the approved
design of the Agua Hedionda Lagoon Foundation signage program as shown in
Exhibit 7, and informing the public of the existing public access easement fronting
the lagoon ·at the subject site shall be installed in an easily visible location at the
easternmost end of the public access easement concurrently with future construction
of trail improvements pursuant to Special Condition No. 5.
(b) The permittee shall undertake the development in accordance with the approved signage
program. Any proposed changes to the approved signage program shall be reported to the
Executive Director. No changes to-the signage program shall occur without a Coastal · •
Commission-approved amendment to this coastal development pennit unless the Executive
Director determines that no amendment is legally required.
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November 13, 2018
Permit Application No.: 6-17--0635
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
8. Exterior Treatment.
(a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall submit, for the review and written approval of the Executive Director, a color board or
other indication of the exterior ~ and color scheme to be utilized in the construction
of the proposed residence and accessory structures (fences and walls). The color of the
structures permitted herein shall be restricted to colors compatible with the surrounding
environment (earth tones) including shades of green, brown. and gray, with no white or
light shades and no bright tones except as minor accents.
(b) The permittee shall undertake the development in accordance with the approved color
board. Any proposed changes to the approved color board shall be reported to the
Executive Director. No changes to the plans shall occur without a Coastal Commission
approved amendment to this coastal development permit unless the Executive Director
determines that no amendment is legally required.
9. Revised GradJng Plans.
(a) PRIOR TO ISSUANCE OF THE COAST AL DEVELOPMENT PERMIT, the applicant
shall submit, for the review and written approval of the Executive Director, revised final
grading plans approved by the City of Carlsbad that substantially conform with the
preliminary grading plans prepared by Sowards&' Brown Engineering dated May 22, 2018,
except that they shall be modified as required below.
(i) The applicant shall prepare a weather-triggered action plan ("Action Plan") that
identifies how the construction site will be protected to prevent water quality impacts
during storm events. The Action Plan shall be approved and implemented by a
Qualified SWPPP Developer (QSD). The Plan shall identify BMPs listed on Sheets 1
and 6 of the Grading Plans prepared by Sowards & Brown Engineering, dated May 22,
2017, that will be installed a minimum of 48 holll'S prior to a predicted storm event (i.e., •
a 40% or greater chance of rain within a 5-day National Weather Service forecast).
(b) All revised plans shall be prepared and certified by a licensed professions as applicable
(e.g., architect, surveyor, geotechnical engineer), based on current information and
professional standards, and shall be certified to ensure that they are consistent with the
Commission's approval.
(c) The permittee shall undertake development in conformance with the approved final plans
unless the Commission amends this permit or the Executive Director determines that no
amendment is legally required for any proposed minor deviations.
10. Construction an<l Pollution Prevention Plan.
(a) The permittee shall comply with Sheet 1 and Sheet 6 of the preliminary grading plans
prepared by Sowards & Brown Engineering dated May 22, 2018, regarding erosion control
during construction.
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November 13, 2018
Permit Application No.: 6-17-0635
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
(b) The permittee shall undertake development in accordance with these approved erosion
control plans, unless the Commission amends this permit or the Executive Director
determines that no amendment is legally required for any proposed minor deviations.
11. Post-Development Runoff Plan.
(a) The permittee shall comply with the Priority Development Project Preliminary Storm
Water Quality Management Plan prepared by Sowards & Brown Engineering, dated May
2, 2017, regarding water quality and post-development runoff plans.
(b) The permittee shall undertake development in accordance with these post-development
runoff plans, unless the Commission amends this permit or the Executive Director
detemiines that no amendment is legally required for any proposed minor deviations.
12. Cultural Resources Treatment and Monitoring Plan.
(a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOP:MENT PERMIT, the applicant
shall submit for the review and approval of the Executive Director an archeological/cultural
resources monitoring plan prepared by a qualified professional, which shall incorporate the
following measures and procedures:
(i) The monitoring plan shall ensure that any prehistoric archaeological or paleontological
or Native American cultural resources that are present on the site and could be
impacted by the approved development will be identified so that a plan for their
protection can be developed. To this end, the cultural resources monitoring plan shall
require that archaeological and Native American monitors be present during all grading
operations and subsurface construction activity that has the potential to impact cultural
resources.
(ii) There shall be at least one pre-grading conference with the project manager and grading·
contractor at the project site in order to discuss the potential for the discovery of
archaeological/cultural or paleontological resources.
(iii)Archaeological monitor(s) qualified by the California Office of Historic Preservation
(OHP) standards, Native American monitor(s) with documented ancestral ties to the
area appointed consistent with the standards of the Native American Heritage
Commission (NAHC), and'the Native American most likely descendent (MLD) when
State Law mandates identification of a MLD, shall monitor all project grading and
subsurface construction activity (such as trenching for utilities) that has·the potential to
impact cultural resources, as required in the approved cultural resources monitoring
plan required above.
(iv)The pennittee shall provide sufficient archeological and Native American monitors to
assure that all project grading and subsurface construction activities that has any
potential to uncover or otherwise disturb cultural deposits is monitored at all times.
(v) If any archaeological or paleontological, i.e. cultural deposits, are discovered, including
but not limited to skeletal remains and grave-related artifacts, artifacts of traditional
cultural, religious or spiritual sites, or any other artifacts, all construction shall cease
----------------
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November 13, 2018
Permit Application No.: 6-17-063S
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
within at least SO feet of the discovery, and the permittee shall carry out significance
testina of said deposits in accordance with the attached "Cultural Resources
Significance Testing Plan Procedures" (Appendix B). The permittec shall report all
significance testing results and analysis to the Executive Director for a determination of
whether the deposits are significant
(b) If the Executive Director determines that the discovery is significant, the permittee shall
follow the procedlll'es in Appendix B to determine if an amendment to this permit is
required. If an amendment to this CDP is required, development within at least SO feet of
the discovery shall not recommence until an amendment is approved, and then only in
compliance with the provisions of such amendment
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EXHIBITC
LEGAL DESCRIPTION AND GRAPIDC DEPICTION OF.
PUBLIC ACCESS EASEMENT AREA
---· ---------------------------,.------· ----------
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EXHIBIT'C'
LEGAL DESCRIPTION
FOR
LATERAL PUBLIC ACCESS EASEMENT
18--025
11/7/19
A PORTION OF THE WESTERLY 75 FEET OF THE EAmRLY 225 FEET OF LOT 6 IN BLOCK "D" OF BELLA
VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, THE SIDE LINES OF SAID PROPERTY BEING J>ARALLEL WITH THE EASTERLY LINE OF SAID LOT 6,
SAID EASTERLY 225 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6
AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID EASTERLY 225
FEET, LYING NORTH OF THE MEAN HIGH TIDE LINE WHICH IS UNDERSTOOD TO BE AMBULATORY FROM
DAY TO DAY AND SOUTH OF A LINE WHICH IS UNDERSTOOD TO BE AMBULATORY FROM DAY TO DAY
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE ALONG THE
EAmRLY LINE OF SAID PROPERTY
1. NORTH 3•51"43" EAST
2. NORTH 68'55'36" WEST
3. NORTH 69'28'50" WEST
4. NORTH 73"31'11" WEST
69.39 FEET
36.70 FEET;
23.81 FEET;
17.56 FEET
CONTAINS 1,953 SQUARE FEET, MORE OR LESS.
TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE
THENCE
THENCE
TO A POINT ON THE WESTERLY LINE OF THE
WESTERLY 75 FEET OF THE EASTERLY 225
FEET OF SAID LOT 6, SAID POINT BEARS
NORTH 3'51'43" EAST 72.35 FEET FROM
THE SOUTHWEST CORNER OF SAID
DESCRIBED PROPERTY AND TERMINUS OF
HEREIN DESCRIBED LINE.
THE LANDWARD AND SEAWARD BOUNDARIES OF THE EASEMENT ARE AMBULATORY AND ARE
DESCRIBED HEREIN FOR REFERENCE PURPOSES ONLY. THE INLAND BOUNDARY IS 25' LANDWARD OF THE
AMBULATORY MEAN HIGH TIDE LINE.
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EXHIBIT 'C'
PLAT FOR
LATERAL PUBUC ACCESS EASEMENT !~
PROPOSED LOT LINE DATA
TABLE
I BEARING DISTANCE
L1 N68'55'J6•w 36.70'
L2 N69'28'so·w 23.81'
LJ N7SJ1'WW 17.56'
I
' PORTION Of
LOT 8
MAP 2152 I BLOCK D
THE LANDWARD AND SEAWARD }... 75'
~ ~~
25 50
GRANT OF EASEMENT FOR PUBUC
STREET AND PUBUC unuTY PURPOSES
RECORDm JANUARY 4, 2019 AS
DOCUMENT No. 2019-0003282
APN, 206-20()-()3 j N01E:
BOUNDARIES OF THE EASEMENT AREA
ARE AMBULATORY AND SHO'MJ HEREIN r -----_;.., -225'--__,,,v-----J-
FOR REFERENCE PURPOSES ONLY. THE ~1 ~
INLAND BOUNDARY IS 25' LANDWARD ~ I ~
OF THE AMBULATORY MEAN HIGH nDE c-., I ~
~ ~ ~ ~, ., -~ LOT 6 vi vi a l ~
<: I fiE -~~ PROPERTY UNE OF ~ /7> LI
LOT 6
UMIT OF 25' LATERAL
PUBUC ACCESS EASEMENT
m-1/CH JS UNDERSTOOD TO
BE AMBULATORY FROM DAY
TO DAY SU8£CT PROPERTY ~..._/ /2/
v7l LA1ERAL PUBUC I ~ <v T.P.0.8.
LLJ ACCESS EASEM£~T AREA ~
~""'-MEAN HIGH llDE LINE m-llCH IS
~ UNDERSTOOD TO BE AMBULATORY
4'?..;, ..._ FROM DAY TO DAY 'T1~0"if ..._
?7.<6'
<o ....
C> -.J
~ -.J :,... _ _,
l,J
75
JOB NO. 18-025 11/07119 SOWARDS & BROWN ENGINEERING
CONSULTING ENQINEERS
2187 NEWCASTLE AVl!NUE SUITE 103
OAADIPF BY THE SEA. CA.. 92007
TeL 780/438-8500 FAX 79CV__._
-·--·--------•• ···--· ···-···,----·-· -------···-----------
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EXIDBITD
FORM OF ACCEPTANCE OF
IRREVOCABLE OFFER TO DEDICATE
PUBLIC ACCESS EASEMENT
----·--------··--------------------.---···----·-----··------·-
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Page 1 of2 •
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
California Coastal Commission
45 Fremont Street, 20th Floor
San Francisco, CA 94105
CERTIFICATE OF ACCEPTANCE OF
IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT
AND DECLARATION OF RESTRICTIONS
This is to certify that the interest in real property conveyed by the Irrevocable Offer to
Dedicate Public Access Easement and Declaration of Restrictions executed by
____________ on ________ , and recorded on
__________ in the office of the County Recorder of San Diego as
Instrument Number _________ _, attached hereto as Exhibit and
incorporated herein by this reference, is hereby accepted by _________ _
a [public agency/private association] ("Grantee"), pursuant to authority conferred by
resolution of the ________ of Grantee adopted on
----------~ and Grantee consents to recordation hereof by its duly
authorized officer.
By:------------
PRINT NAME OF ABOVE
Its: --------------
(ATTACH NOTARY ACKNOWLEDGMEND
---------------·------·-··----
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ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION
OF ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE
PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS
This is to acknowledge that __________________ is a
[public agency/private association] acceptable to the Executive Director of the California
Coastal Commission to be Grantee·under the Irrevocable Offer to Dedicate Public Access
Easement and Declaration of Restrictions executed by __________ _
on ___________ and recorded on
___________ in the office of the County Recorder of San Diego
County as Instrument Number _______ _
. Dated: __________ _
CALIFORNIA COASTAL COMMISSION
By:-----------
(ATTACHNOTARY ACKNOWLEDGMENn
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EXHIBITE
SECTION 30106 OF THE COASTAL ACT
DEFINITION OF "DEVELOPMENT"
SECTION 30106 OF THE COASTAL ACT
"Development" me_ans, onJand, in or under water, the placement or erection of any
solid material or structure; discharge or disposal of any dredged material or of any
gaseous, liquid, solid, ·or thermal waste; grading, removing, dredging, mining, or
extraction of any m~terials; change in the density or intensity of use ofland, including, but
I
not limited to, subdivi~ion pursuant to the Subdivision Map Act (commencing with
Section 66410 of the Government Code), and any other division ofland, including lot
'~-. .
splits, except where the land division is brought about in connection with the purchase of
such land by a public agency for public recreational use; change in the intensity of use of
water, or of access thereto; construction, reconstruction, demolition, or alteration of the
size of any structure, including any facility of any private, public, or municipal utility; and
the removal or harvesting of major vegetation other than for agricultural purposes, kelp
harvesting, and timber operations which are in accordance with a timber harvesting plan
submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973
(commencing with Section 4511).
As used in this section, "structure" includes, but is not limited to, any building,
road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power
transmission and distribution line.
SAN DIEGO, CA Document:DR 2020.313845
Printed on:3/28/2022 12:16 PM
Page:29 of 29