Agenda packet, regular meeting — Laguna Beach City Council, April 14, 2026 (part 6 of 6)

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 Have any jurisdictional delineations been performed with respect to the watercourse, and if so, what have they revealed with respect to the location and scope of jurisdictional areas?
 To the extent the watercourse is removed, how will it impact or affect the properties both upstream and downstream, and who will be required to monitor/maintain the same?
 Will removing/disturbing the watercourse impact any flora and/or fauna (biological resources) such that an environmental review is necessary for the proposed project (GPA 25-2345 and LCPA 256-2369)?  Has the California Coastal Commission been advised that the City is seeking to amend its Local Coastal Program with respect to the removal of the watercourse?
 What findings/conditions were made when Resolution No. 84.37 was adopted by the City in 1984 with respect to the continuation of the watercourse on the Open Space Element Major Watersheds and Drainage Courses Map?
 By potentially altering the flow of the natural watercourse, the City (and Heystee/Cozzens) are exposing themselves to significant liability to the extent drainage/flood waters are redirected onto other properties that historically would not receive the same.

In addition to the above comments and questions regarding the proposed GPA and LCPA, Scher is concerned that Heystee/Cozzens are already building their project in violation of the approved plans for the same.

For example, the beginning of the retaining wall along the frontage of the Heystee Property was approved to be only 25.2 inches in height. This wall is now 72 inches tall. The City has already confirmed that this retaining wall, along with other walls on the Heystee Property, has been constructed in contravention of the approved plans, but has not taken any action to remedy the same. This issue needs to be resolved before the City makes any more decisions to allow the project to proceed.

As City Staff has recommended that the hearing on the above items be continued to March 4, 2026, this should give staff enough time to review and respond to the above comments and questions. We look forward to an open dialogue regarding the same. 108
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City Clerk
February 17, 2026

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Las Vegas | Newport Beach | Walnut Creek
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In the meantime, if you have any questions or comments concerning the above, do not hesitate to contact me.

Very truly yours,
Charles S. Krolikowski
cc: Client
Larry Nokes, Esq. (via e-mail)
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PLANNING COMMISSION – CITY OF LAGUNA BEACH
Re: 600 Buena Vista Way; Response to 02-17-2026 Letter
February 25, 2026

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Agency oversight/jurisdiction. Jurisdiction typically requires a jurisdictional resource.

The LSA report identified no wetlands, drainage features, or riparian habitat on the subject site, and, thus, no basis for USACE/CDFW permitting. The requested action is a City map correction acknowledging inactivity—no in‑channel fill or alteration is proposed. The LCPA is being processed by the City and, if adopted, will be submitted to the Coastal Commission for certification as required.

Jurisdictional delineation. The biological assessment functions as a jurisdictional screen and confirms no jurisdictional waters occur; vegetation is disturbed/ruderal/ornamental, not riparian.

Upstream/downstream effects and maintenance. The hydrology shows no redirection of flows onto properties that would not historically receive them; rather, the system reduces uncontrolled surface flow by capturing and piping runoff to Temple Hills Drive. Private drainage facilities will be maintained per standard conditions of approval.

Biological impacts/CEQA. Because no wetlands/drainage/riparian features exist and no sensitive species/habitats are present, removing an inactive line from a map causes no physical environmental effect. The City will select the appropriate CEQA pathway, but the evidence supports a finding of no significant environmental impact from the mapping correction itself.

Coastal Commission notice for the LCPA. The LCPA track inherently provides for Commission certification after City adoption; the City’s application record (including hydrology and biology) supplies the evidentiary basis.

Historic Resolution 84.37 (1984 mapping). The 1984 map predates today’s built environment and parcel‑level drainage infrastructure. Subsequent City actions reflect reality on the ground (e.g., 2007 Singer variance based on an “inactive” watercourse; 2004 Staff Memo allowing a turnaround within the “watercourse” for safety). The current technical record is the proper basis for updating the map.

Liability for redirected drainage. The design does not redirect water to non‑receiving properties. The built environment captures and conveys stormwater to Temple Hills with adequate 100‑year capacity, eliminating uncontrolled sheet flow that may have existed when the map was created. These conditions have not existed for years, and the area identified as a “water course” has been dry.

MISCHARACTERIZATION OF WALL HEIGHT AND ADJACENT CONDITIONS The construction complaint (retaining wall at the property line). This allegation, which we dispute, is outside the scope of the GPA/LCPA. Any field compliance item is addressed by Staff through the building/inspection process and does not bear on the technical merits of updating a nonfunctional mapping line.
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PLANNING COMMISSION – CITY OF LAGUNA BEACH
Re: 600 Buena Vista Way; Response to 02-17-2026 Letter
February 25, 2026

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But the complaint by Mr. Scher is rich.

Mr. Scher’s allegation that a retaining wall at 600 Buena Vista Way “was approved to be only 25.2 inches and is now 72 inches tall” is inaccurate and misleading. [Scher Letter dated February 17, 2026.] The wall matches the retained grade behind the wall, as a retaining wall is intended to do. This condition has been observed by the Building Department.

What his letter omits is that Scher’s property also features a retaining wall which, unlike the 600 Buena Vista Way wall, extends approximately four feet into the public street right‑of‑way, next to the wall he now complains about. City records confirm that Scher’s wall at 644 Buena Vista Way was approved through Revocable Encroachment Permit 94‑08/#472, allowing a retaining wall extending roughly four feet into the right‑of‑way and expressly limited to a height of 2.5 feet (i.e., under three feet) with revocable status and removal obligations at the owner’s expense upon notice. [City Council Minutes & Encroachment Permit 94‑08/#472, January 1995.] Although the approved permit was limited to 2.5 feet for the wall (Exhibit B), Scher’s encroaching wall was actually built to a height of 4.5 feet – in excess of the permitted wall height (Exhibit C).

In reality, the Scher retaining wall sits immediately adjacent to (approximately four feet from) the wall on the Heystee/Cozzens property and is effectively the same height as the portion of the 600 Buena Vista Way wall that Scher challenges. The selective complaint in his February 17th letter disregards the existence, height, encroachment, and revocable status of his own retaining wall. This discrepancy undermines the credibility of Mr. Scher’s claim and suggests the wall‑height issue is being raised ~ not as a matter of objective compliance, but as a selective and inconsistent objection to the Applicants’ project ~ carrying forward his incessant complaints and attempted hindrances of the Cozzens/Heystee project.

For clarity, the retaining wall at 600 Buena Vista Way matches the existing retained grade – its height reflects the grade differential being supported at that location, not an above‑grade, free‑standing condition. This is consistent with standard engineering practice for retaining structures and underscores that the comparison advanced by Mr. Scher is not an apples‑to‑apples assessment of wall height.

Lastly, in the interest of community safety, my clients request that Mr. Scher’s wall be removed from the street right-of-way due to the narrow street and impending traffic, especially in the case of emergency and fire vehicles being able to utilize the fire turnaround. At great, personal expense, Ms. Heystee and Mr. Cozzens were required to build to the high fire hazard at this location. The wall should be moved adjacent to theirs at Scher’s property, since the lack of wall there continues to allow dirt and debris to fall into the street right-of-way evidenced by height of fire sprinkler and the lack of dirt at the height of the waterproofing in the photo. ///
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PLANNING COMMISSION – CITY OF LAGUNA BEACH
Re: 600 Buena Vista Way; Response to 02-17-2026 Letter
February 25, 2026

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CONCLUSION
Substantial evidence supports removal of the mapped watercourse: (1) hydrology showing no tributary inflow and engineered capture/discharge with 100‑year capacity; (2) biology showing no wetlands/riparian/drainage features; and (3) City history acknowledging inactivity.

We respectfully request that the Commission recommend approval of GPA 252345 and LCPA 252369 to align the City’s maps with existing site conditions.

Please include this letter and the attached technical references in the administrative record. We appreciate your consideration.

Respectfully submitted,
Laurence P. Nokes
LPN/dkc
cc: City Clerk
Samantha Beier, Staff Liaison
Charles S. Krolikowski, Esq.

Clients
Attachments:

Exhibit A: February 17, 2026 letter from Mr. Scher’s counsel (Newmeyer & Dillion) alleging a 72‑inch wall at 600 Buena Vista Way
Exhibit B: City of Laguna Beach records for 644 Buena Vista Way: City Council Minutes (January 17, 1995) and Revocable Encroachment Permit 94‑08/#472 approving two retaining walls under 3 feet (2.5 feet) encroaching ~4 feet into the right‑of‑way and subject to revocation/removal
Exhibit C: Photos of Scher’s encroaching wall
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EXHIBIT A
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Scher Letter.docx
Newmeyer & Dillion LLP
895 Dove Street
Second Floor
Newport Beach, CA 92660
(949) 854-7000
Las Vegas | Newport Beach | Walnut Creek
newmeyerdillion.com
Charles S. Krolikowski
[email protected]
February 17, 2026

VIA E-MAIL
Laguna Beach Planning Commission
c/o City Clerk
505 Forest Avenue
Laguna Beach, CA 92651
[email protected]
Re: 600 Buena Vista Way – APN 641-373-43 (Heystee and Cozzens) - GPA 25- 2345/LCPA 25-2369
Dear Members of the Laguna Beach Planning Commission:

Please be advised that this office represents Mr. Marc Scher (“Scher”), the owner and resident of property located at 644 Buena Vista Way, Laguna Beach, California 92651 (“Scher Property”). We understand that Susan Heystee (“Heystee”) and Davis Cozzens (“Cozzens”) are seeking certain approvals to continue with the redevelopment of their property located at 600 Buena Vista Way, Laguna Beach, California 92651 (“Heystee Property”). The Scher and Heystee Properties are located adjacent to each other.

Based on notice received, it appears that Heystee/Cozzens are seeking legislative approvals for General Plan Amendment (“GPA”) 25-2345 and Local Coastal Program Amendment (“LCPA”) 25-2369 to remove a “mapped significant natural watercourse” on/near the Heystee Property. As you are likely aware, watercourses (natural or manmade) come with a unique set of issues and questions, including but not limited to the following:
 How does the existing watercourse receive and direct waterflows based on historic drainage patterns and the watershed?
 Do any resource agencies, such as the California Department of Fish & Wildlife, the Army Corps of Engineers, the California Coastal Commission, the Orange County Flood Control District, etc., have any oversight with respect to the requested removal of the watercourse?
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City Clerk
February 17, 2026

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Las Vegas | Newport Beach | Walnut Creek
newmeyerdillion.com
In the meantime, if you have any questions or comments concerning the above, do not hesitate to contact me.

Very truly yours,
Charles S. Krolikowski
cc: Client
Larry Nokes, Esq. (via e-mail)
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EXHIBIT B
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EXHIBIT C
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16790234.1
Newmeyer & Dillion LLP
895 Dove Street
Second Floor
Newport Beach, CA 92660
(949) 854-7000
Las Vegas | Newport Beach | Walnut Creek
newmeyerdillion.com
Charles S. Krolikowski
[email protected]
March 3, 2026

We previously submitted a letter to the Planning Commission on February 17, 2026, outlining several questions about the requested removal of the "mapped significant natural watercourse" and concerns about the current development of the Heystee Property. In response, counsel for Heystee/Cozzens submitted a letter to the Planning Commission attempting to explain the circumstances allegedly supporting their application (GPA 25-2345 and LCPA 25-2369) and a rebuff about the height of their retaining wall. Despite this letter, Scher still has more concerns about the project.

First, despite the claim that no waters flow into the natural drainage course from other locations, the Toal hydrology report and analysis does not take into consideration the accumulation of water and runoff within the drainage course itself during a large storm event.

Second, the LSA biology report is stale (2024) and misses an important point. LSA concludes that due to the absence of water and certain plants, there is no possibility of either habitat or the movement of animals. This does not make sense as certain animals do live and move through dry drainage channels. 130
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City Clerk
March 3, 2026

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newmeyerdillion.com
Third, City staff asserts in its staff report that the mapped drainage channel is considered "dedicated open space" and will not induce additional development.

However, why would Heystee/Cozzens seek to have the mapping removed if they have no intentions of seeking to develop this area in the future? It is more likely that they will seek to develop the same and conditions should be imposed now to prohibit such development in the dedicated open space area.

Finally, Heystee/Cozzens claim that Scher's predecessor constructed certain retaining wall improvements long ago with an approval from the City as a diversion from their own improper construction activities. Despite this intended diversion, Heystee/Cozzens could not affirmatively state that the retaining wall in question is not 72 inches high in contravention of the plans.

As such, and based on the record, Scher respectfully requests that the application be denied as there are still unanswered questions about whether the drainage course "no longer serves a distinct functional, scenic or ecological purpose." (See LBMC, §

25.50.030(B).)
Very truly yours,
Charles S. Krolikowski
cc: Client
Larry Nokes, Esq. ([email protected])
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RESOLUTION NO. 25-2345

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF LAGUNA BEACH, CALIFORNIA RECOMMENDING

CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT 2025-2345 AND LOCAL COASTAL
PROGRAM AMENDMENT 2025-2369 TO REMOVE A
MAPPED SIGNIFICANT WATERCOURSE LOCATED AT 600
BUENA VISTA WAY FROM THE CITY’S OPEN SPACE AND

CONSERVATION ELEMENTS MAJOR WATERSHEDS AND

DRAINAGE COURSES MAP AND FINDING THE PROJECT

EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15061(B)(3)
WHEREAS, on March 11, 2025, an application was filed by the owner of property located at 600 Buena Vista Way (“Applicant”), requesting an update to the Major Watersheds and Drainage Courses Map in City’s Open Space and Conservation Elements for a parcel containing a mapped significant natural watercourse in the R/HP (Residential Hillside Protection) zone. (the “Project”); and WHEREAS, based on the technical evidence provided, the subject significant natural watercourse does not serve an ecological, scenic, or functional purposes. Accordingly, the proposed project would not impair resources associated with wildlife habitat, hydrologic function, view corridors, density relief, or general aesthetic appeal; and WHEREAS,the Planning Commission conducted a duly-noticed public hearing on February 18, 2026, and continued the Project to their regular meeting on March 4, 2026; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on March 4, 2026, pursuant to Title 25, Zoning, of the Laguna Beach Municipal Code (LBMC). The Planning Commission has considered all public testimony on the proposed Project and all relevant public comments, and all documents and evidence submitted, including but not limited to the staff report, attachments, and materials submitted by the Applicant; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission of the City of Laguna Beach does hereby find, determine, and resolve as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. The Project is exempt from CEQA pursuant to Guidelines Section 15061(b)(3).

Here, the Project is limited to an update to the Major Watersheds and Drainage Courses Map in City’s Docusign Envelope ID: E7EE63C7-FB21-4757-9E20-2CFD6A2CAE72 Attachment 7
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Planning Commission Resolution 25-2345
March 4, 2026

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Open Space and Conservation Elements as the significant natural watercourse no longer serves a distinct functional, scenic or ecological purpose. Further, none of the exceptions outlined in CEQA Guidelines section 15300.2 apply. The project site is fully developed with an existing residential use and is surrounded by public streets and other developed properties, and it contains no environmentally sensitive areas beyond the mapped earthquake fault. Although the City’s environmentally sensitive areas maps identify a fault on the site, the proposed project involves no physical change and therefore has no potential to result in a significant effect on the environment. The deletion of the watercourse from the property will not induce development on the property as this area of the property is restricted as dedicated open space under the original project entitlements. There will be no cumulative impact resulting from successive projects of the same type in the same place, over time, as the current request is limited in nature to the watercourse mapped through the property. There are no unusual circumstances resulting in a significant impact on the environment. There will be no damage to scenic resources, including trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. The Project is not located on a hazardous waste site or any other site included on a list compiled pursuant to Government Code section 65962.5. The Project will not result in significant adverse impacts to historical resources as defined by CEQA because there are no historic resources on the subject property and none in the Project vicinity that would be impacted by the proposed improvements. As the Project has no potential to cause a significant environmental effect, the exemption applies and no further environmental analysis is required under CEQA.

SECTION 3. The Planning Commission hereby recommends approval of General Plan Amendment 2025-2345 and Local Coastal Program Amendment 2025-2369 for the removal of a designated watercourse from the City’s Open Space and Conservation Elements to the City Council.

Proposals to add or delete watercourses from the environmentally sensitive areas map, or to change the status of significant watercourses shall be reviewed by the Planning Commission. The Planning Commission shall make its determination based on its assessment of the watercourse as it relates to the criteria listed in LBMC subsection 25.50.030 (A) (1), that a significant watercourse can be deleted only if it is determined that it no longer serves a distinct functional, scenic or ecological purpose. Significant natural watercourses are those that are in their natural condition and which serve a distinct functional scenic or ecological purpose. As applied, ecological purposes include those related to wildlife habitats, particularly feeding, watering and breeding areas; and biotic habitat areas. Scenic purposes include those related to view corridors, density relief or general aesthetic appeal. Functional purposes include those related to hydrologic considerations. Furthermore, LBMC Section 25.50.030(B) provides the process for Demolition or Deletion of a mapper watercourse. Proposals to add or delete watercourses from the environmentally sensitive areas map, or to change the status of significant watercourses shall be reviewed by the Planning Commission. Public notice shall be subject to the provisions of Sections

25.05.065 and 25.07.026. The Planning Commission shall make its determination based on its assessment of the watercourse as it relates to the criteria listed in subsection (A); provided, however, that a significant watercourse can be deleted only if it is determined that it no longer serves a distinct functional, scenic or ecological purpose. The decision of the Planning Commission may be appealed to the City Council pursuant to Section 25.05.070.

Docusign Envelope ID: E7EE63C7-FB21-4757-9E20-2CFD6A2CAE72 133
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Planning Commission Resolution 25-2345
March 4, 2026

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Based on the studies submitted by the applicant, the significant natural watercourse identified in the City’s Open Space and Conservation Elements Major Watersheds and Drainage Courses map, meets the criteria for deletion of a watercourse. The Hydrology Study, prepared by Toal Engineering, Inc. and dated October 23, 2025, concluded that all existing and proposed upstream tributary areas to the mapped drainage are currently captured by drain inlets and pipes and discharged to Temple Hills Drive or have historically flowed down Buena Vista Way. Therefore, the site does not function as a natural drainage course providing hydrologic or watershed-related benefits.Additionally, the Biological Resources Review, prepared by LSA and dated October 21, 2024, found that no wetlands, drainage features, or riparian habitat areas were recorded on the property during the site survey, and the project site does not function as a wildlife movement corridor. As such, the property does not provide ecological value in the form of wildlife habitat, biotic habitat areas, or wildlife movement pathways. The existing mapped significant natural watercourse does not provide a scenic benefit within the developed residential context. This request is not associated with a development application that could affect views or scenic corridors.

Based on the technical evidence provided, the subject significant natural watercourse does not serve an ecological, scenic, or functional purposes as defined above. Accordingly, the proposed project would not impair resources associated with wildlife habitat, hydrologic function, view corridors, density relief, or general aesthetic appeal.

SECTION 4. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 505 Forest Avenue Laguna Beach, CA 92651. The custodian of the record of proceedings is the Director of Community Development.

SECTION 5. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of the Resolution are severable. / / /
/ / /
/ / /
/ / /
/ / /
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Docusign Envelope ID: E7EE63C7-FB21-4757-9E20-2CFD6A2CAE72 134
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Planning Commission Resolution 25-2345
March 4, 2026

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ADOPTED this 4
th day of March, 2026.

AYES: Commissioner(s) DUBIN, GOLDMAN, SADLER, WHITIN

NOES: Commissioner(s)
ABSENT: Commissioner(s)
RECUSED: Commissioner(s) KELLENBERG
ATTEST:

Steven Kellenberg, Chairperson
Planning Commission
City of Laguna Beach, California
Samantha Beier, AICP
Planning Manager
City of Laguna Beach, California
Docusign Envelope ID: E7EE63C7-FB21-4757-9E20-2CFD6A2CAE72 135
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Certificate Of Completion
Envelope Id: E7EE63C7-FB21-4757-9E20-2CFD6A2CAE72 Status: Completed Subject: Complete with Docusign: Resolution No. 25-2345 (600 Buena Vista) Source Envelope:

Document Pages: 4 Signatures: 2 Envelope Originator:

Certificate Pages: 4 Initials: 0 Nancy Cardoza
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
505 Forest Ave
Laguna Beach, CA 92651
[email protected]
IP Address: 64.58.157.194
Record Tracking
Status: Original
3/5/2026 9:08:40 AM
Holder: Nancy Cardoza
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Samantha Beier
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.58.157.194
Sent: 3/5/2026 9:10:35 AM
Viewed: 3/5/2026 9:15:11 AM
Signed: 3/5/2026 9:15:34 AM
Electronic Record and Signature Disclosure:

Accepted: 3/5/2026 9:15:11 AM
ID: 2a2f18ab-1ce2-4f37-8d58-7ba2622332d0
Steven Kellenberg
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.96.92.231
Sent: 3/5/2026 9:15:36 AM
Viewed: 3/5/2026 9:32:44 PM
Signed: 3/5/2026 9:32:55 PM
Electronic Record and Signature Disclosure:

Accepted: 3/5/2026 9:32:44 PM
ID: 326408dc-3196-45e8-97c2-5cceec311edb
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Envelope Sent Hashed/Encrypted 3/5/2026 9:10:35 AM
Certified Delivered Security Checked 3/5/2026 9:32:44 PM 136
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Envelope Summary Events Status Timestamps
Signing Complete Security Checked 3/5/2026 9:32:55 PM
Completed Security Checked 3/5/2026 9:32:55 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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April 14, 2026

VIA ELECTRONIC MAIL ONLY
Mark Orgill, Mayor
Hallie Jones, Mayor Pro Tem
Sue Kempf
Alex Rounaghi
Bob Whalen
CITY COUNCIL – CITY OF LAGUNA BEACH [email protected] Re: 600 Buena Vista Way – GPA 25-2345 / LCPA 25-2369
Response to Untimely Objections and Support for Approval Honorable Mayor and Members of the City Council:

I represent the property owners and Applicants, Susan Heystee and David Cozzens, with respect to the above-referenced application to remove a mapped significant natural watercourse from the City’s Open Space and Conservation Element Major Watersheds and Drainage Courses map.

This letter responds to objections submitted on April 13, 2026 – more than one month after the Planning Commission’s March 4, 2026 action – and provides clarification based on the administrative record.

At the outset, it is important to recognize that the April 13th submissions attempt to expand the scope of this item beyond the limited question before the Council. The issue presented is narrow: whether the mapped feature continues to meet the criteria for designation as a significant natural watercourse under the Municipal Code. The objections instead invite the Council to consider matters such as potential future development, private litigation, and generalized concerns about drainage and wildlife. Those issues are separate and should not displace the specific finding required here.

I. Procedural Defect: Untimely Challenge to the Planning Commission Decision Under Laguna Beach Municipal Code Section 25.05.070, any appeal of a Planning Commission decision must be filed within fourteen (14) days. No appeal was filed within that statutory period.
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City Council – CITY OF LAGUNA BEACH
Re: 600 BUENA VISTA WAY (Cozzens)
April 14, 2026

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To the extent that the April 13th submissions attempt to challenge the Planning Commission’s action, no appeal was filed within the time permitted by the Municipal Code. In any event, even considering the substance of those submissions, they do not undermine the technical record supporting the recommendation before the Council.

II. The Requested Action is a Map Amendment, Not a Development Approval.

The Council is not being asked to approve grading, construction, access improvements, or any other physical development. The requested action is limited to a map amendment. It does not authorize any physical change to the property, nor does it expand existing entitlements. The requested action is limited to a map amendment. It does not authorize any physical change to the property, nor does it expand existing entitlements.

Any future physical proposal – if one were ever made – would be subject to separate review under the applicable standards at that time. The possibility of hypothetical future applications does not alter the nature of the action before the Council or transform this map amendment into a development approval.

III. The Administrative Record Confirms the Watercourse is Not Functioning.

The uncontroverted technical record demonstrates that the mapped feature does not function as a natural drainage course.

The hydrology analysis shows that drainage across and above the site is intercepted and conveyed through existing and proposed infrastructure to Temple Hills Drive. Under postdevelopment conditions, no runoff is directed to the mapped feature, and the drainage system is designed to accommodate a 100-year storm event. City-retained peer reviewers evaluated and confirmed these conclusions. The question is not whether water can flow downhill in the abstract, but whether the mapped feature functions as a watercourse under actual site conditions.

The record establishes that it does not.

IV. Biological Evidence Does Not Support Retention of the Designation.

The biological resources review found no wetlands, riparian habitat, or environmentally sensitive drainage features on the site. That analysis was independently reviewed and validated.

The objections rely in part on anecdotal observations of wildlife. While such observations reflect the presence of common species within the broader area, they do not establish that the mapped feature itself currently serves the distinct ecological function required for designation as a significant natural watercourse.

The applicable determination is a technical one, and the Council has before it professional analysis directed to that standard.
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City Council – CITY OF LAGUNA BEACH
Re: 600 BUENA VISTA WAY (Cozzens)
April 14, 2026

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V. CEQA: The Action Does Not Constitute Improper Piecemealing.

The City’s determination that the project is exempt under CEQA Guidelines Section 15061(b)(3) is appropriate.

This action does not approve or implement physical development. It corrects a mapping designation. The suggestion that it constitutes improper piecemealing rests on speculation regarding hypothetical future projects, which are not before the Council and would be subject to independent review if ever proposed.

CEQA does not require environmental analysis based on conjectural future scenarios.

VI. Response to Generalized Concerns Regarding Topography, Drainage, and Liability One submission raises broader concerns regarding natural topography, the principle that water flows downhill, potential drainage risks, and possible municipal liability associated with removal of the mapped designation.

These concerns, while understandable at a general level, do not alter the analysis required under the Municipal Code and are addressed by the technical record before the Council.

The hydrology analysis does not dispute that water follows topography. Rather, it demonstrates that, under existing and proposed conditions, drainage across and above the site is intercepted and conveyed through established infrastructure to Temple Hills Drive. The relevant inquiry is not whether water may flow downhill in the abstract, but whether the mapped feature functions as a natural drainage course under actual site conditions. The evidence establishes that it does not.

Similarly, concerns regarding flooding, erosion, or downstream impacts are directly addressed by the engineering analysis, which confirms that the site’s drainage system is designed to accommodate a 100-year storm event and that post-development conditions reduce, rather than increase, any flow historically associated with the mapped feature.

The suggestion that removal of the designation creates municipal liability is also misplaced. Aligning the City’s mapping with verified physical and hydrologic conditions reduces, rather than increases, the risk of misapplication of regulatory standards.

Finally, the assertion that this action represents a broader erosion of environmental protections is not supported by the record. This application is based on site-specific technical evidence and has undergone independent peer review. Approval would reflect the application of the Code to the facts of this property, not a departure from established policy. 149 of 262
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Date: April 13, 2026
To: City Council City of Laguna Beach
RE: Objection to GPA 25-2345 and LCPA 25-2369 (Removal of Significant Natural Watercourse – 600 Buena Vista Way)
City Council Members,
I object to the Planning Commission’s recommendation to approve General Plan Amendment 25-2345 and Local Coastal Program Amendment 25-2369. This proposal seeks to remove a "significant natural watercourse" from the City’s Major Watersheds and Drainage Courses map, based on the assertion that it no longer serves a functional, scenic, or ecological purpose.

The Council should reject this recommendation for the following reasons:

1. Natural Topography vs. Administrative Definitions The staff report suggests that because the watercourse may have been modified or currently lacks "distinct functional roles," it no longer exists in a meaningful way. However, geography is not a matter of administrative convenience.

Water follows the path of least resistance determined by gravity and topography. By removing this designation, the City is essentially pretending that the natural drainage path of the hillside has vanished. In an era of increasingly severe and unpredictable weather events, ignoring established natural drainage routes poses a long-term risk to infrastructure and downstream properties.

2. Preservation of the Local Coastal Program (LCP) The LCP and General Plan are designed to protect the unique environmental character of Laguna Beach. Deleting a mapped watercourse to facilitate development sets a dangerous precedent of "piecemeal" planning. If every property owner is allowed to de-designate natural features through private hydrology reports, the integrity of our citywide watershed protections will be systematically eroded.

3. Ecological and Scenic Value Even if a watercourse is dry for much of the year, it remains part of the "scenic and ecological" fabric of our hillsides. These features provide critical corridors for local wildlife and contribute to the open-space character that defines our community.

4. CEQA Concerns I am concerned that finding this action exempt from the California Environmental Quality Act (CEQA) ignores the cumulative impacts of removing watershed protections. A full comprehensive neighborhood environmental review of all homes below should be required to ensure that the removal of this watercourse does not increase erosion, sedimentation, or flooding risks for the surrounding neighborhood.

5. Increased Municipal Liability By formalizing the removal of this watercourse from the General Plan, the City is assuming significant legal and financial liability. If the City Council affirmatively votes to ignore a known natural drainage path and subsequent flooding, 151 of 262
mudslides, or property damage occurs—either on the subject property or to downslope neighbors—the City could be held liable under the doctrine of Inverse Condemnation. By "demapping" a natural feature to accommodate development, the City is effectively vouching for the safety of a site that nature has already designated as a drainage route.

6. Circumvention of Required Setbacks The City’s own Municipal Code and Land Use Element require specific setbacks from significant watercourses to protect the community from erosion and drainage failures.
• Removing this designation appears to be a maneuver to bypass these safety buffers, allowing for a larger building footprint than the land can safely support. • Setbacks exist for a reason: they provide a "buffer of safety" for both the natural environment and the built structure.
• If the City allows a developer to build where a setback should be, it is prioritizing square footage over the long-term structural integrity of the hillside.

Man-made maps and staff reports do not determine the way water flows down a hill; gravity does.

I ask the City Council to prioritize the long-term safety and environmental health of Laguna Beach over the immediate interests of a single development project. Please deny GPA 25-2345 and LCPA 25-2369 and maintain the "significant natural watercourse" designation as currently mapped.

Sincerely,
Joy Berry
152 of 262
April 10, 2026

VIA ELECTRONIC MAIL ONLY
Patrick Donegan, Esq., Assistant City Attorney [email protected] Matthew Schneider, Director of Community Development [email protected] Shaveta Sharma, Senior Planner [email protected]

CITY OF LAGUNA BEACH
Mark Orgill, Mayor
Hallie Jones, Mayor Pro Tem
Sue Kempf
Alex Rounaghi
Bob Whalen
CITY COUNCIL – CITY OF LAGUNA BEACH [email protected] Dave Kiff, City Manager [email protected]

CITY OF LAGUNA BEACH
Re: 600 Buena Vista Way – Objection to Misrepresentation of Condition of Approval No. 16 in the April 14, 2026 Staff Report and Proposed Resolution; Request for Correction Prior to Council Action
Dear Mr. Donegan, Mr. Schneider, Ms. Sharma, Mayor Orgill, City Councilmembers and City Manager Kiff:

I write on behalf of David and Susan Cozzens, owners of 600 Buena Vista Way, to object to a material error that appears in both the April 14, 2026 City Council Staff Report (the “Staff Report”) and in the proposed City Council Resolution (the “Proposed Resolution”) submitted today for Council action. Both documents mischaracterize the current, operative language of Condition of Approval No. 16 in a manner that is factually inaccurate and that, if uncorrected, would embed a false statement of the Cozzens’ entitlement obligations into the City’s permanent administrative record.

This is not a general objection to the GPA and LCPA. My clients continue to support the Council’s adoption of General Plan Amendment 25-2345 and Local Coastal Program Amendment 25-2369, and they appreciate the Planning Commission’s unanimous recommendation in that regard. However, they cannot allow an inaccurate characterization of their entitlement conditions to be incorporated into a formal Council resolution without objection.
///
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P. Donegan | M. Schneider | S. Sharma | City Council | D. Kiff – CITY OF LAGUNA BEACH Re: 600 BUENA VISTA WAY (Cozzens)
April 10, 2026

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I. What Condition No. 16 Actually Says
On December 12, 2024, the Design Review Board voted unanimously (5-0) to approve Design Review 24-2039 with modified conditions. Among those modifications, the Board expressly amended Condition No. 16 to add language preserving flexibility in the determination of the open space easement’s parameters. The full text of Condition No. 16, as currently in effect, reads:
“Prior to the issuance of the Certificate of Occupancy for the residence, the applicant shall execute a new offer of permanent open space easement, in a form and content approved by the City Attorney, dedicating all undeveloped portions of the site below contour elevation 332 feet as open space, and shall record such easement with the County of Orange. The parameters of the open space easement are subject to reasonable modification, at the discretion of the City Attorney and City staff, considering the circumstances existing at the time of the certificate of occupancy subject to review by the Design Review Board if the applicant is not in agreement with staff approved modifications.” (DRB Resolution 24-2039, Condition No. 16; emphasis added.) The italicized sentence is not a minor qualifier. It is a substantive provision, deliberately added by the Board, that expressly reserves the determination of the easement’s parameters to a future proceeding. The scope and location of the open space easement have not been established. They will be determined at the time of certificate of occupancy, with the City Attorney and staff exercising discretion to make reasonable modifications based on then-existing circumstances, subject to DRB review if the applicant disagrees.

It is important to note that the original open space restriction was imposed in 2006 for a project that was never built. Since that restriction was imposed, the City has approved development on the lower portion of the 600 Buena Vista Way property by an adjacent homeowner, not the owner of 600 Buena Vista Way. The Design Review Board recognized that the area included in the open space must be revised.

II. The Staff Report Mischaracterizes Condition No. 16.

The Staff Report, at page 6, describes the open space obligations on the property as follows:
“The subject property is already encumbered by a recorded open space easement established in 2006. In addition, the 2024 Design Review approval for the project includes Condition of Approval No. 16, which requires the dedication of all areas of the property located below the 332-foot contour line as open space prior to the issuance of a certificate of occupancy for the approved entitlements. The area of the mapped watercourse is below the 332-foot contour line and is therefore subject to the restrictions of Condition of Approval No. 16 and the open space easement.” (Staff Report, p. 6.)
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April 10, 2026

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The Staff Report recites only the first sentence of Condition No. 16 — the dedication obligation — and omits entirely the second sentence — the flexibility provision. It then draws from that truncated recitation the affirmative conclusion that the watercourse area “is therefore subject to the restrictions of Condition of Approval No. 16 and the open space easement.” That conclusion does not follow Condition No. 16 as written. By omitting the sentence that makes the easement parameters subject to modification, the Staff Report transforms a contingent, flexible future obligation into a settled, existing restriction. That is not what the DRB approved, and it is not what the condition says.

The same improper characterization reappears at page 8 of the Staff Report in the Environmental Analysis, where it is used to support the CEQA exemption: “the deletion of the watercourse from the property will not induce development on the property as this area of the property is restricted as dedicated open space under the original project entitlements.” The easement has not been recorded. Its parameters have not been determined. It cannot accurately be characterized as an existing restriction of established scope.

III. The Proposed Resolution Independently Compounds the Error.

The problem does not end with the Staff Report. The Proposed Resolution — the formal legal instrument the Council is being asked to adopt today — independently repeats and amplifies the same mischaracterization in three separate provisions. Each one states or implies that the open space restriction on the watercourse area is established and fixed. Not one of them acknowledges the flexibility that Condition No. 16, as amended by the DRB, expressly preserves. The three offending provisions are as follows:

Section 2(C)(i) — Land Use Element consistency finding:
“[R]emoving this mapped feature from the Major Watersheds and Drainage Courses map would not change the City’s requirement to provide dedicated open space over the area currently shown as a mapped watercourse.” Section 2(C)(ii) — Open Space and Conservation Element consistency finding:
“[R]emoving this mapped feature from the Major Watersheds and Drainage Courses map would not change the City’s requirement to provide dedicated open space over the area currently shown as a mapped watercourse.” Section 4 — CEQA exemption findings:
“[T]he deletion of the watercourse from the property will not induce development on the property as this area of the property is restricted as dedicated open space under the original project entitlements.”
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P. Donegan | M. Schneider | S. Sharma | City Council | D. Kiff – CITY OF LAGUNA BEACH Re: 600 BUENA VISTA WAY (Cozzens)
April 10, 2026

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Each of these provisions suffers from the same defect. Each one treats the open space status of the watercourse area as a concluded fact. None acknowledges that Condition No. 16 — the very instrument on which these provisions implicitly rely — expressly provides that the easement parameters are subject to reasonable modification and have not yet been finally determined.

The distinction between a staff report and a resolution is not technical. A staff report is a recommendation document. A resolution is a formal legal act of the City Council. Once adopted, it becomes part of the permanent administrative record of this proceeding. It will be transmitted to the California Coastal Commission as part of the LCPA package. It will be cited in future proceedings involving this property. If the Council adopts findings — three times, in separate sections — that the watercourse area “is restricted as dedicated open space under the original project entitlements,” those findings will follow the Cozzens to every future negotiation over the easement parameters that Condition No. 16 expressly leaves open.

That is precisely the outcome the DRB’s December 2024 amendment was designed to prevent. The Board did not leave the easement parameters open by accident. It did so deliberately, by a unanimous vote, on the motion of the Chair. The Proposed Resolution, as currently drafted, would quietly undo that determination by converting a flexible future obligation into a fixed present restriction — without any hearing, without any findings, and without any acknowledgment that it is doing so.

IV. Request for Correction Before Council Action
We respectfully request that the following corrections be made before the Council acts today:

1. Correct the Staff Report. A supplemental memorandum should be presented to the Council at today’s hearing accurately describing Condition No. 16 as amended by the DRB on December 12, 2024, including the sentence expressly preserving the City’s discretion to modify the easement parameters at the time of certificate of occupancy.

2. Amend the Proposed Resolution. Sections 2(C)(i), 2(C)(ii), and 4 of the Proposed Resolution should be revised to remove the characterization of the watercourse area as restricted dedicated open space of established scope. At minimum, each provision should be amended to reflect that: (a) Condition No. 16 requires execution and recordation of an open space easement prior to certificate of occupancy; (b) the parameters of that easement are expressly subject to reasonable modification at the discretion of the City Attorney and City staff at the time of certificate of occupancy; and (c) the easement has not yet been recorded and its final scope has not been determined.

3. Preserve the DRB’s determination. Neither the resolution nor the Council’s findings should be interpreted or used to foreclose the flexibility expressly preserved by the DRB’s December 12, 2024 action on Condition No. 16. 156 of 262
P. Donegan | M. Schneider | S. Sharma | City Council | D. Kiff – CITY OF LAGUNA BEACH Re: 600 BUENA VISTA WAY (Cozzens)
April 10, 2026

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My clients remain fully committed to the open space obligations that apply to their property under existing law and their entitlement conditions. They also remain committed to working cooperatively with the City toward prompt Council approval of the GPA and LCPA.

They ask only that the record — and the resolution the Council adopts — accurately reflect what the DRB approved.

We would welcome the opportunity to discuss this with you before City Council acts.

Thank you for your prompt attention to this important matter.

Respectfully submitted,
Laurence P. Nokes
LPN/dkc
cc: Clients
157 of 262

NEWMEYER

DILLION
Newmeyer & DiIlion LLP
895 Dove Street
Second Floor
Newport Beach, CA 92660
(949) 854-7000
April 13, 2026 Charles S. Krolikowski
[email protected]

VIA E-MAIL
Laguna Beach City Council
do City Clerk
505 Forest Avenue
Laguna Beach, CA 92651
amckay©laqunabeachcity.net
Re: 600 Buena Vista Way — APN 641-373-43 (Heystee and Cozzens) - GPA 25- 2345/LCPA 25-2369
Dear Members of the Laguna Beach City Council:

Please be advised that this office represents Mr. Marc Scher ("Scher"), the owner and resident of property located at 644 Buena Vista Way, Laguna Beach, California 92651. We understand that Susan Heystee ("Heystee") and Davis Cozzens (collectively, "Cozzens") are seeking certain approvals to continue with the redevelopment of their property located at 600 Buena Vista Way, Laguna Beach, California 92651 ("Property").

We previously submitted letters to, and appeared at, the Planning Commission, providing comments to the requested removal of the "mapped significant natural watercourse" and concerns about the current development of the Property. There are multiple reasons why the proposed project, which include requests that the City Council approve a General Plan Amendment (GPA 25-2345) and a Local Coastal Plan Amendment (LCPA 25-2369) (collectively, the "Project"), should be denied. The reasons for denial include the following:
• The Project violates the California Environmental Quality Act ("CEQA") as it impermissibly seeks to piecemeal entitlements. CEQA requires that all potential impacts of all reasonably foreseeable projects be appropriately analyzed at the earliest possible stages.
• The City's claimed use of a categorical exemption is based upon a false premise that Cozzens (or any other owner or successor owner) have no intentions of or cannot otherwise develop the area of the watercourse as it Scher Letter docx
Las Vegas I Newport Beach I Walnut Creek
nevvmeyerdillion.com

NEWMEYER

DILLION O
April 13, 2026
Newmeyer & Dillion LLP
895 Dove Street
Second Floor
Newport Beach, CA 92660
(949) 854-7000
Charles S. Krolikowski
[email protected]

VIA E-MAIL
Laguna Beach City Council
c/o City Clerk
505 Forest Avenue
Laguna Beach, CA 92651
[email protected]
Re: 600 Buena Vista Way -APN 641-373-43 (Heystee and Cozzens) - GPA 25^ 2345/LCPA 25-2369
Dear Members of the Laguna Beach City Council:

Please be advised that this office represents Mr. Marc Scher (“Scher”), the owner and resident of property located at 644 Buena Vista Way, Laguna Beach, California 92651. We understand that Susan Heystee (“Heystee”) and Davis Cozzens (collectively, “Cozzens”) are seeking certain approvals to continue with the redevelopment of their property located at 600 Buena Vista Way, Laguna Beach, California 92651 (“Property”).

The Project violates the California Environmental Quality Act ("CEQA") as it impermissibly seeks to piecemeal entitlements. CEQA requires that all potential impacts of all reasonably foreseeable projects be appropriately analyzed at the earliest possible stages.

The City's claimed use of a categorical exemption is based upon a false premise that Cozzens (or any other owner or successor owner) have no intentions of or cannot otherwise develop the area of the watercourse as it Scher Letter.docx
Las Vegas | Newport Beach | Walnut Creek
newmeYerdillion.com
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constitutes dedicated open space. This premise is directly contradicted by the sworn testimony of Cozzens and Heystee in court filings. • CEQA concerns/violations may be mitigated to the extent Cozzens agrees that they (and their successors) will never seek to develop the area of land sought to be removed from the identified watercourse; or, if the City conditions approval of the Project on the same. Any such agreement or condition would need to run with the land.
• The City cannot make the necessary findings to approve the Project as the biological and hydrology reports provided by Cozzens do not provide sufficient information to do so. The superficial LSA and TOAL reports fail to account for several items detailed below.
• There is significant evidence that many types of animals, including endangered species or candidate species use and continue to use the watercourse. Likewise, there is significant evidence that certain types of riparian plants and trees grow within or within close proximity to the watercourse.
• The modifications to the upper level of the watercourse (including the revised turn-around) and the location/size of certain retaining walls, have already created hazardous conditions that require City oversight and enforcement.

Before proceeding to the analyses of the above issues, the following facts related to the Property and the development need to be addressed.

First, in March 2022, Cozzens and Heystee sued their neighbors (the Daleys), who own the real property and improvements (a home) located at 528 Temple Hills Drive, Laguna Beach, California 92651 ("Daley Property"). (Exhibit A, Verified Complaint.) In the lawsuit, both Cozzens and Heystee executed verifications to the complaint, "under penalty of perjury." (Exhibit A, pp. 1, 12-13.) In the lawsuit, Cozzens and Heystee claim that the ❑aleys (or their predecessors), constructed a retaining wall along Temple Hills Drive at the bottom of the slope of the Property. (Exhibit A, pp. 5-6.) Cozzens and Heystee further claim that at least portions of this retaining wall are encroaching on City property and portions of their Property that abut Temple Hills Drive. (Exhibit A, p. 6.) Of significance here, in the lawsuit, Cozzens and Heystee state, under penalty of perjury, that the existence of portions of this retaining wall will prevent "Plaintiff from additional, future development of the Property by blocking physical access to the southwest portion of the Property." (Exhibit A, pp. 6-9.) These verified facts are stated at least four times in the complaint. (Ibid.) In other words, Cozzens and Heystee Las Vegas I Newport Beach I Walnut Creek
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Before proceeding to the analyses of the above issues, the following facts related to the Property and the development need to be addressed.

First, in March 2022, Cozzens and Heystee sued their neighbors (the Daleys), who own the real property and improvements (a home) located at 528 Temple Hills Drive, Laguna Beach, California 92651 ("Daley Property"). (Exhibit A Verified Complaint.) In the lawsuit, both Cozzens and Heystee executed verifications to the complaint, "under penalty ofperjury " (Exhibit A, pp. 1, 12-13.) In the lawsuit, Cozzens and Heystee claim that the Daleys (or their predecessors), constructed a retaining wall along Temple Hills Drive at the bottom of the slope of the Property. (Exhibit A, pp. 5-6.) Cozzens and Heystee further claim that at least portions of this retaining wall are encroaching on City property and portions ot their Property that abut Temple Hills Drive. (Exhibit A, p. 6.) Of significance here, in the lawsuit, Cozzens and Heystee state, under penalty of a
penury that the existence of portions of this retaining wall will prevent "Plaintiff from dditional, future development of the Property by blocking physical access to the southwest portion of the Property." (Exhibit A? pp. 6-9.) These verified facts are stated at least four times in the complaint. (Ibid.) In other words, Cozzens and Heyste Las Vegas | Newport Beach | Walnut Creek
newmeYerdillion.com
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are claiming that their future development of the lower portion of their Property (where the natural watercourse is located) are being impacted by the retaining walls located along Temple Hills Drive.

A picture of Temple Hills Driveway and the retaining walls is set forth below:
-
I,
TIT_
1 4,,
.4-ez-. ;:i97„,; •
• .
• -

41. •
' ; 4r - • •
"-
4 7‘•
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••. • • - ei • • k
• • al• .
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1104:4.

04. Second, although City staff reports have indicated that the area of the watercourse cannot be developed in the future (as it is dedicated open space), when asked directly, Cozzens' representative(s) evaded providing a direct answer regarding their future intentions for the area.

In the Planning Commission and City Council Staff Reports for the Project, City staff have indicated the following "facts" as the sole basis for determining that the Project is exempt under CEQA:
"The deletion of the watercourse from the property will not induce development on the property as this area of the property is restricted as dedicated open space under the original project entitlements." (PC Staff Report, p. 3, 6, emphasis added.)
Las Vegas I Newport Beach Walnut Creek
newmeyerdillion.com
City Clerk
April 13, 2026

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A picture of Temple Hills Driveway and the retaining walls is set forth below:

Second although City staff reports have indicated that the area of the watercourse cannot be developed in the future (as it is dedicated open space), when asked directly, Cozzens' representative(s) evaded providing a direct answer regarding their future intentions for the area.

In the Planning Commission and City Council Staff Reports for the Project, City staff have indicated the following "facts" as the sole basis for determining that the Project is exempt under CEQA:
"The deletion of the watercourse from the property will not induce development on the property as this area of the property is restricted as dedicated open space under the original project entitlements. (PC Staff Report, p. 3, 6, emphasis added.)
Las Vegas | Newport Beach | Walnut Creek
newmeyerdlllion.com
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So this begs the question, if the area of the watercourse cannot be developed as it is restricted "dedicated open space," then why is Cozzens seeking to have it removed, and further, why are Cozzens and Heystee suing their neighbors claiming that their ability to develop that area has been impacted? These were some of the types of questions the Planning Commission raised at the prior hearing to Cozzens' representative, even noting that the deletion of the watercourse had nothing to do with the current development of the Property. As the City Council will see if it reviews the Planning Commission hearing, Cozzens' representative was unable to provide a direct response to the questions posed.

The only logical conclusion that can be drawn from the above is that Cozzens does intend to develop in the area of the watercourse (to be deleted) and is piecemealing entitlements toward those future efforts.

Third, the LSA biological report submitted in support of the Project did not and does not support a finding that no animals (included protected species) will be impacted by the deletion of the watercourse and future development of the area. In the October 21, 2024 LSA Report, it identified that on one day (February 21, 2018), a biologist visited the site and conducted a field survey in sunny conditions. (LSA Report, p. 1.) At the conclusion of the report, the biologist that "no special-status plant or animal species were observed during the site survey." (LSA Report, p. 3.) Despite the minimal site-survey analysis allegedly performed by the LSA biologist, residents that live near the Property (who are there all the time) have identified multiple species of animals that use the watercourse for various activities, including habitat and movement corridor. (Scher Decl., ¶ 3, Exhibit B, Animal Pictures.) Just some of the animals photographed using the watercourse, include coyote (a protected species in this location), deer, squirrels, rodents, many types of birds such hawks/owls, etc.

Just a few of the pictures of animals using the watercourse, for among other things a wildlife movement corridor, are set forth below:
(INTENTIONALLY LEFT BLANK)
Las Vegas I Newport Beach I Walnut Creek
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City Clerk
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So this begs the question, if the area of the watercourse cannot be developed as it is restricted "dedicated open space," then why is Cozzens seeking to have it removed, and further, why are Cozzens and Heystee suing their neighbors claiming that thleir ability to develop that area has been impacted? These were some of the types of questions the Planning Commission raised at the prior hearing to c°zzens representative, even noting that the deletion of the watercourse had nothing to do with the current development of the Property. As the City Council w.H see if Planning Commission hearing, Cozzens' representative was unable to provide a direct response to the questions posed.

Third the LSA biological report submitted in support of the Project did not and does not support a finding that no animals (included protected species) be impacted by the deletion of the watercourse and future development off the_area. In.thet b 21 2024 LSA Report, it identified that on one day (February 21,2018), a biolog^t "elusion
visited the site and
of
conducted a field survey in sunny conditions. (LSA Report p. 1.) At the report, the biologist that "no special-status plant or ammal spec.es were observed during the site survey." (LSA Report, p. 3.) Despite the minimal site-survey analysis allegedly performed by the biologist, residents that live near the Property (who are there all the time) have ide multiple species of animals that use the watercourse for various activities, inic ud ng habitat and movement corridor. (Scher Deci., H 3, Exhibit B, Animal P^urei some of the animals photographed using the watercourse, include C0V^ species in this location), deer, squirrels, rodents, many types of birds such hawks/owls, etc.

Just a few of the pictures of animals using the watercourse, for among other things a wildlife movement corridor, are set forth below:
(INTENTIONALLY LEFT BLANK)
Las Vegas | Newport Beach | Walnut Creek
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1. The Project Violates CEQA.

The maintenance and the quality of the environment now and in the future is a matter of statewide concern, and it is the intent of the legislature to regulate such activities to prevent environmental damage. (Pub. Res. Code, § 21000(a), (g).) Further, the California Supreme Court has stated that the intent of CEQA is to provide the "fullest possible protection of the environment..." (Friends of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247, 259; Laurel Heights Improvement Assn. v. Regents of University of California ("Laurel Heights') (1988) 47 Cal.3d 376, 390.) In addition, for purposes of CEQA review, projects are defined to mean the "whole of the action" that may result in either a direct or reasonably foreseeable indirect physical change in the environment. (14 CCR, § 15378, subd, (a), emphasis added.) Thus, a project (or project description) is given broad interpretation in order to maximize protection of the environment, (McQueen v. Board of Directors of the Mid-peninsula Regional Open Space District (1988) 202 Cal.App.3d 1136, 1143.) Finally, a lead agency (the City here) must fully analyze each "project" in a single environmental review document. This means that a lead agency cannot unnecessarily divide a project into parts resulting in a piecemeal environmental review of all aspects of a project. (Sundstrom v. County of Mendocino ("Sundstrom') (1988) 202 Cal.App.3d 296, 309.) For example, in Laura Heights, the Supreme Court determined that a lead agency must include an analysis of future expansion or other action if: (1) it is a reasonably foreseeable consequence of the initial project; (2) the future expansion or action will be significant in that it will likely change the scope or nature of the initial project or its environmental effect. (Laurel Heights, supra., emphasis added) The above rules ensure that environmental considerations do "not become submerged by chopping a large project into many little ones, each with a potential impact on the environment, which cumulatively may have disastrous consequences." (Burbank-Glendale-Pasadena Airport Authority v. Hensler (1991) 233 Cal.App.3d 577, 592 citing Bozung v. Local Agency Formation Commission (1975) 13 Cal.3d 263, 283- 284.)
In this case, Cozzens is seeking a General Plan Amendment ("GPA") and a Local Coastal Program Amendment ("LCPA"), both of which are considered legislative approvals. A GPA is considered a project and is subject to the requirements of CEQA (DeVita v. County of Napa (1995) 9 Cal.4th 793-794; City of Redlands v. County of San Bernardino (2002) 96 Cal.App.4th 398, 405-409 ["not only does CEQA apply to revisions or amendments to any agency's general plan, but CEQA reaches beyond mere changes in the language in the agency's policy to the ultimate consequences of such changes to the physical environment. A general plan embodies an agency's fundamental policy decisions to guide virtually all future growth and development."].) Las Vegas I Newport Beach I Walnut Creek
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1. The Project Violates CEQA.
matter
The maintenance and the quality of the environment now and in the future is a of statewide concern, and it is the intent of the legislature to regulate such activities Further,
to prevent environmental damage. (Pub. Res. Code, § 21000(a), (g)) the California Supreme Court has stated that the intent of CEQA is to provide the "fullest possible protection of the environment..." (Friends of Mammoth vBoard of Supervisors (1972) 8 Cal.3d 247, 259; Laurel Heights Improvement Assn. v. Regents of University of California ("Laurel Heights") (1988) 47 Cal.3d 376, 390.) In addition, for purposes of CEQA review, projects are defined to mean the “whole of the action” that may result in either a direct or reasonably foreseeable indirect physical change in the environment. (14 CCR, § 15378, subd. (a), emphasis added.) Thus, a project (or project description) is given broad interpretation in order to maximize protection of the environment. (McQueen v. Board the Mid-peninsula Regional Open Space District (1988) 202 Cal.App.3d 1136, 1143.) Finally a lead agency (the City here) must fully analyze each "project” in a single environmental review document. This means that a lead agency cannot unnecessardy divide a project into parts resulting in a piecemeal environmental ^ew of al aspects of a project. (Sundstrom v. County of Mendocino ("Sundstrom") (1988) 202 ^a1 296 309.) For example, in Laura Heights, the Supreme Court determined that a aqency must include an analysis of future expansion or other action if: (1) it is a reasonably foreseeable consequence of the initial project, (2) the future expansio or action will be significant in that it will likely change the scope or nature of the initial project or its environmental effect. (Laurel Heights, supra., emphasis added) The above rules ensure that environmental considerations do “not become submerged by chopping a large project into many little ones, each with a potential * impact on the environment, which cumulatively may have ^sasUous consequences_ (Burbank-Glendale-Pasadena Airport Authority v. Hensier ( f91) 233 Ca .App^d 577, 592 citing Bozung v. Local Agency Formation Commission (1975) 13 Cal.3d 263, 264- 284.)
In this case, Cozzens is seeking a General Plan Amendment ("GPA") and a Local Coastal Program Amendment ("LCPA"), both of which are considered legislative approvals. A GPA is considered a project and is subject to the requirements of CEQA (DeVita v. County of Napa (1995) 9 Cal.4th 793-794; City of Redlands v. County of San Bernardino (2002) 96 Cal.App.4th 398, 405-409 ["not only does CEQA apply to revisions mere
or amendments to any agency's general plan, but CEQA reaches beyond changes in the language in the agency's policy to the ultimate conseq=of such changes to the physical environment. A general plan embodies an agency fundamental policy decisions to guide virtually all future growth and development. ].) Las Vegas | Newport Beach | Walnut Creek
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In the context of a GPA, numerous cases have held that piecemealing a project is improper as the full extent of the consequences of a project must "be considered at the earliest possible stage." (Christward Ministry v. Superior Court (1986) 184 Cal.App.3d 180, 196-197; Sundstrom, supra, 202 Cal.App.3d at pp. 307-310; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144, 157-159; Citizens Assoc. for Sensible Development of Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151, 166-173, emphasis added.)
In the Christward Ministry case, the Court of Appeal stated the following:
"The application of CEQA to the adoption of amendment of a general plan also comports with the policy that the environmental consequences of a proposed activity, whether public or private, be considered at the earliest possible stages...[E]ven if a general plan amendment is treated merely as a 'first phase' with later developments having separate approvals and environmental assessments, it is apparent that an evaluation of a 'first phase general plan amendment' must necessarily include consideration of the larger project, i.e., the future development permitted by the amendment. Only then can the ultimate effect of the amendment upon the physical environment be addressed."
(Christward Ministry, supra, 184 Cal.App.3d at pp. 193-194, emphasis added.) Here, it is quite obvious that the Project is being requested and processed as a precursor to another development project down the road, whether it be building a driveway, a road or other structures. The law however in this area is quite clear, piecemealing a project, through the initiation of a GPA or other legislative decision, is improper and a direct violation of CEQA.

2. The City's Use of Categorical Exemption is Improper.

Cadiz Land Co., Inc. v. Rail Cycle, L.P. (2000) 83 Cal.App.4th 74, 110.) A cumulative impacts analysis requires a list of related projects, the expected environmental impacts of the same and measure that can be taken to mitigate. (Ibid.) Las Vegas I Newport Beach I Walnut Creek
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In the context of a GPA, numerous cases have held that piecemealing a project is improper as the full extent of the consequences of a project must "be considered at the earliest possible stage." (Christward Ministry v. Supenor Court (1986) 184 Cal App.3d 180, 196-197; Sundstrom, supra, 202 Cal.App.3d at pp. 307-310; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144, 157-159; Citizens Assoc, for Sensible Development of Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151, 166-173, emphasis added.) In the Christward Ministry case, the Court of Appeal stated the following. "The application of CEQA to the adoption of amendment of a general plan also comports with the policy that the environmental consequences of a proposed activity, whether public or private, be considered at the earliest possible stages... [E]ven if a general plan amendment is treated merely as a 'first phase with later developments having separate approvals and environmental assessments, it is apparent that an evaluation of a 'first phase general plan amendment' must necessarily include consideration of the larger project, i e the future development permitted by the amendment. Only then can the ultimate effect of the amendment upon the physical environment be addressed."
(Christward Ministry, supra, 184 Cal.App.3d at pp. 193-194, emphasis added.) Here, it is quite obvious that the Project is being requested and processed as a precursor to another development project down the road, whether it be building a driveway a road or other structures. The law however in this area is quite clear, piecemealing a project, through the initiation of a GPA or other legislative decision, is improper and a direct violation of CEQA.

2. The City's Use of Categorical Exemption is Improper.

As stated above, piecemealing a project into subparts is improper. Furthermore, when assessing a project, the lead agency is required to analyze future related projects that arise from the one being assessed, often referred to a cumulative effects or impacts. (See Citizens Assoc, for Sensible Development ofBishop Area, supra 172 Cal.App.3d at pp. 166-173; Citizens to Preserve the Ojai v. County of Ventura (1985) 176 Cal.App.3d 421,431.)
Not only must reasonably anticipated future projects be considered in an environmental assessment, but they also must be discussed in a ^muiative impacts analysis. (City of Santee v. County of San Diego (1989) 214 Cal.App.3d 1438,1452, Cadiz Land Co., Inc. v. Rail Cycle, L.P. (2000) 83 Cal.App.4th 74, 110.) A cumulative impacts analysis requires a list of related projects, the expected environmental impacts of the same and measure that can be taken to mitigate. (Ibid.) Las Vegas | Newport Beach | Walnut Creek
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In this case, City staff has concluded, without any agreement or admission by Cozzens, that the Project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3). The only basis for this determination is the following:
"Although the City's environmentally sensitive areas maps identify a fault on the site, the proposed project involves no physical change and therefore has no potential to result in a significant effect on the environment. The deletion of the watercourse from the property will not induce development on the property as this area of the property is restricted as dedicated open space under the original project entitlements."
(PC Staff Report, p. 6, emphasis added.)
By not considering the natural and reasonable consequences of approving the Project, which will inevitably lead to a request for further development approvals in the watercourse (driveways, roads, structures, etc.), the City is estopped from utilizing a categorical exemption for the Project.

If the ultimate use of the watercourse within the Property is already restricted as dedicated open space, and no further development will be allowed therein, then there is no reason for the Project to proceed. Yet it is still being processed by Cozzens. In fact, Cozzens and Heystee have already admitted (under penalty of perjury) that they do intend to develop the lower portion of the Property in the location of the watercourse, and they have sued their neighbors seeking monetary damages and other relief related thereto. (See Exhibit A.)
Based on these expressed and verified intentions for further development by Cozzens, the City's position that no future development is either contemplated or possible falls apart.

3. CEQA Violations May Be Mitigated by Agreement or Conditions.

Mitigation of potential environmental impacts is a critical and required component of any environment review for a project. (14 CCR, §§ 15002; 15370.) Options to do so include denying the project altogether (i.e., preserving the statue quo), limiting the degree or magnitude of the impacts through various alternative actions, preserving/maintaining the environment during the lifetime of the project/action, or permanently protecting the resources through conservation. (14 CCR, § 15370, subd. (a) — (e).)
In this matter, City staff has taken the position that the Project will not lead to future growth or cumulative impacts as the watercourse is dedicated open space and the developers have not yet sought any approvals to develop the same. The City's position directly contradicts with Cozzens' and Heystee's sworn statements that they do Las Vegas I Newport Beach I Walnut Creek
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In this case, City staff has concluded, without any agreement or admission by Cozzens that the Project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3). The only basis for this determination is the following:
"Although the City's environmentally sensitive areas maps identify a fault on the site the proposed project involves no physical change and therefore has no potential to result in a significant effect on the environment. The deletion of the watercourse from the property will not induce development on the property as this area of the property is restricted as dedicated open space under the original project entitlements."
(PC Staff Report, p. 6, emphasis added.)
By not considering the natural and reasonable consequences of approving the Project, which will inevitably lead to a request for further development approvals in the watercourse (driveways, roads, structures, etc.), the City is estopped from utilizing a categorical exemption for the Project.

If the ultimate use of the watercourse within the Property is already restricted as dedicated open space, and no further development will be allowed therein, then there is no reason for the Project to proceed. Yet it is still being processed by Cozzens. In fact, Cozzens and Heystee have already admitted (under penalty of perjury) that they do intend to develop the lower portion of the Property in the location of the watercourse and they have sued their neighbors seeking monetary damages and other relief related thereto. (See Exhibit A.)
Based on these expressed and verified intentions for further development by Cozzens, the City's position that no future development is either contemplated or possible falls apart.

3. CEQA Violations May Be Mitigated by Agreement or Conditions.

Mitigation of potential environmental impacts is a critical and required component of any environment review for a project. (14 CCR, §§ 15002; 15370.) Options to do so include denying the project altogether (i.e., preserving the statue quo), limiting the degree or magnitude of the impacts through various alternative actions, preserving/maintaining the environment during the lifetime of the projecVaction or permanently protecting the resources through conservation. (14 CCR, § 15370, subd. (a) -(e).)
In this matter, City staff has taken the position that the Project will not lead to future growth or cumulative impacts as the watercourse is dedicated open space and the developers have not yet sought any approvals to develop the same. The City s position directly contradicts with Cozzens' and Heystee's sworn statements that they do Las Vegas | Newport Beach | Walnut Creek
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intend to develop the watercourse area in the future and their representative's refusal to provide confirmation to the Planning Commission that they will not do so. Hence, there is a conflict between the comments of staff and the intentions of Cozzens.

There is an simple remedy to this conflict. This remedy includes two possible options: (1) Cozzens/Heystee agree that they will not process any future developments plans (such as driveways, roads, structures, etc.) within the area of the existing watercourse, which would run with the land and be binding on their successors and assigns; or (2) the City imposes similar conditions of approval on the Project.

The implementation of one of these two options will likely support the City's categorical exemption determination for the Project and will likely alleviate the need to litigate the CEQA issues in court.

4. The City Cannot Make the Necessary Findings to Approve the Project.

In order for the City Council to approve the Project (the deletion of a significant natural mapped watercourse), it must make certain findings as required by its Municipal Code. (See LBMC, § 25.50.030, subd. (B).) A significant watercourse can only be deleted from the City's mapping if "it no longer serves a distinct functional, scenic or ecological purpose." (Ibid.)
Further, but for the current development project at the Property that may have already impacted a portion of the watercourse, it has been identified by the City as a "significant natural watercourse." (LBMC, § 25.50.030, subd. (A).) The importance of this designation is paramount as the designation itself presumes that the watercourse in question already serves as a unique functional, biological, ecological, scenic, density relief and/or general aesthetic purposes. (Ibid.) Thus, the heavy burden to prove otherwise is squarely placed on Cozzens.

Based on the information provided by Cozzens to date, they cannot meet this burden to delete the watercourse.

First, Cozzens submitted a brief vegetation mapping and biological report from LSA ("LSA Report") in November 2024. In the LSA report, plans and databases were reviewed and it appears that one site inspection was conducted by biologist Bo Gould in February of 2018, more than eight (8) years ago. The LSA Report also references its reliance on an outdated Habitat Classification System for vegetation from 1992, which the City does not use (City uses the local NCCP/HCP among others).

More importantly, the LSA Report, without any studies or analysis, concludes that after one day of observations in 2018, that no animal species were observed during the inspection and that the watercourse "does not function as a wildlife movement corridor." Frankly, this type of expert analysis (or lack of analysis) leaves much to be desired, as - Las Vegas I Newport Beach I Walnut Creek
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intend to develop the watercourse area in the future and their representative s refusal to provide confirmation to the Planning Commission that they will not do so. Hence, there is a conflict between the comments of staff and the intentions of Cozzens.

The implementation of one of these two options will likely support the City s categorical exemption determination for the Project and will likely alleviate the need to litigate the CEQA issues in court.
4 The City Cannot Make the Necessary Findings to Approve the Project.

Based on the information provided by Cozzens to date, they cannot meet this burden to delete the watercourse.

First, Cozzens submitted a brief vegetation mapping and biological report from LSA ("LSA Report") in November 2024. In the LSA report, plans and databases were reviewed and it appears that one site inspection was conducted by biologist Bo Gould in February of 2018, more than eight (8) years ago. The LSA Report also referencesi its reliance on an outdated Habitat Classification System for vegetation from 1992, which the City does not use (City uses the local NCCP/HCP among others).

More importantly, the LSA Report, without any studies or analysis, concludes that after one day of observations in 2018, that no animal species were observed during the inspection and that the watercourse "does not function as a wildlife movement corridor. Frankly, this type of expert analysis (or lack of analysis) leaves much to be desired, as - Las Vegas | Newport Beach | Walnut Creek
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-there is significant evidence that many animal species (including coyote -- which are considered a protected species in this area) use and continue to use the watercourse as a corridor for movement in the area. Not to mention, many of the species of plants and trees catalogued by LSA are considered riparian in nature, such as the California figwort.

Second, in addition to the deficiencies contained within the LSA Report, the hydrologic analysis performed by TOAL Engineering ("TOAL Report") fails to account and/or calculate the flow of water (CFS) for water that is contained in the watercourse itself in the event of a peak storm event (100 years). Instead, TOAL attempts to divert attention away from this issue by focusing on the drainage of the Property from the current development, which use an eight and ten inch pipe near the top of the watercourse and draining onto Temple Hills Drive.

As such, the technical reports provided by Cozzens to help justify the Project do more harm than good, and leave many questions unanswered.

5. Significant Evidence Exists to Refute the Findings of LSA and TOAL.

As set forth above, and despite one day of site reconnaissance from LSA in 2018, multiple species of animals, including coyote, deer, birds, etc. use and travel through the watercourse on a daily basis. (Scher Decl., ¶ 3, Exhibit B.) Indeed, pursuant to the County of Orange Central and Coastal Subregion NCCP/HCP, coyote, various hawk species, sparrow, rats, mice, etc. are considered in the covered species list. (See Exhibit C.) Many of these animals are located within and/or use the watercourse for movement.

Further, pursuant to the Catalogue of Native California Wetland and Riparian Plants (2024) (Exhibit D), the LSA Report identifies (back in 2018), the existence of certain plants and trees that can be considered riparian_ These riparian plants and tree species located at the Property include, among others, Scrophularia California (figwort), a native species located within or near the watercourse. However, because the Property is private property and watercourse is filled with plants/trees, we are unable to perform our own vegetation classification and/or biological assessment of the same.

In fact, the County's NCCP/HCP Vegetation and Wildlife Species List sets forth a more comprehensive list of habitats and the associated plants and wildlife species contained therein. (See Exhibit E.) Much of the documented vegetation classifications set forth in the LSA Report correlate with protected habitat of certain animals that live, breed and move within the area. (Compare Exhibit E to LSA Report.) Thus, there is substantial evidence that the removal of the watercourse will have direct impacts on biological and ecological resources.

Finally, the watercourse does contain certain scenic views and corridors from adjacent properties (which have been partially blocked now), see photo below:

Las Vegas I Newport Beach I Walnut Creek
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-there is significant evidence that many animal species (including coyote - which are considered a protected species in this area) use and continue to use the watercourse as a corridor for movement in the area. Not to mention, many of the species of plants and trees catalogued by LSA are considered riparian in nature, such as the California figwort.

As such, the technical reports provided by Cozzens to help justify the Project do more harm than good, and leave many questions unanswered.

5. Significant Evidence Exists to Refute the Findings of LSA and TOAL.

As set forth above, and despite one day of site reconnaissance from LSA in 2018, multiple species of animals, including coyote, deer, birds, etc. use and travel through the watercourse on a daily basis. (Scher Deci., fl 3, Exhibit B.) pursuant to the County of Orange Central and Coastal Subregion NCCP/HCP, coyote, various hawk species, sparrow, rats, mice, etc. are considered in the covered species list. (See Exhibit C.) Many of these animals are located within and/or use the watercourse for movement.

Further, pursuant to the Catalogue of Native California Wetland and Riparian Plants (2024) (Exhibit D), the LSA Report identifies (back in 2018), the existence of certain plants and trees that can be considered riparian. These riparian plants and tree species located at the Property include, among others, Scrophularia California (figwort), a native species located within or near the watercourse. However, because the Property is private property and watercourse is filled with plants/trees, we are unable to perform our own vegetation classification and/or biological assessment of the same.

Finally, the watercourse does contain certain scenic views and corridors from adjacent properties (which have been partially blocked now), see photo below:

Las Vegas | Newport Beach | Walnut Creek
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6. The Development is Already Impacting the Watercourse and Violating the Prior Approvals -- City Intervention is Necessary.

In prior communications to the City, it was expressed that Cozzens has constructed certain retaining walls near Buena Vista Way that exceed those authorized by the approved project and plans. For example, certain retaining walls were not to exceed 25.2 inches, but were constructed up to 72 inches. Below are some photos of the retaining walls:
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Las Vegas I Newport Beach I Walnut Creek
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6. The Development is Already Impacting the Watercourse and Violating the Prior Approvals - City Intervention is Necessary.

Las Vegas | Newport Beach | Walnut Creek
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The City has confirmed this unauthorized construction by Cozzens, but to date, has done nothing about it. We believe it is ironic that Cozzens now seeks further discretionary action from the City when they do not seem to follow the rules in the first instance. Through this letter, we again put the City on notice of the unauthorized and unpermitted retaining walls and again request the City to remedy the situation.

Based on this letter, the record, and any other oral or documentary evidence that may be submitted to the City prior to or at the City Council hearing, Scher respectfully requests that the application for the Project be denied.

Very truly yours,
Charles S. Krolikowski
Encl. — Including Scher Declaration
cc: Client
Larry Nokes, Esq. (via e-mail)
Las Vegas I Newport Beach I Walnut Creek
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The City has confirmed this unauthorized construction by Cozzens, but to date, has done nothing about it. We believe it is ironic that Cozzens now seeks further discretionary action from the City when they do not seem to follow the rules in the first instance. Through this letter, we again put the City on notice of the unauthorized and unpermitted retaining walls and again request the City to remedy the situation. may
Based on this letter, the record, and any other oral or documentary evidence that be submitted to the City prior to or at the City Council hearing, Scher respectfully requests that the application for the Project be denied.

Very truly yours,
Charles S. Krolikowski
Encl. - Including Scher Declaration
cc: Client
Larry Nokes, Esq. (via e-mail)
Las Vegas | Newport Beach | Walnut Creek
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DECLARATION OF MARC SCHER

1. I, Mark Scher, declare as follows:

2. I am the owner and resident of real property and improvements (a home) located at 644 Buena Vista Way, Laguna Beach, California 92651. I live next door to the property at 600 Buena Vista Way and our properties are separated by a wall. I have lived at my home for more than five years and regularly walk to the upper levels of my property (where I have unobstructed views of 600 Buena Vista and portions of the natural watercourse that traverses the same) and in the immediate neighborhood.

3. Over the course of living at my property, visiting neighboring properties and viewing portions of the watercourse in question from different vantage points, I have observed many animals using and traveling through the watercourse area, including coyote, deer, owls, hawks and various rodents (squirrels, mice, rats, etc.). Pictures of just some of the above animals I have seen in the watercourse are included in the above letter and attached hereto as Exhibit B.

I declare under penalty of perjury under the laws of the State of California, that the forgoing is true and correct.

Dated: April 13, 2026
Marc Scher
Las Vegas I Newport Beach I Walnut Creek
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DECLARATION OF MARC SCHER

1. I, Mark Scher, declare as follows:

3. Over the course of living at my property, visiting neighboring properties and viewing portions of the watercourse in question from different vantage points, I have observed many animals using and traveling through the watercourse area, including coyote, deer, owls, hawks and various rodents (squirrels, mice, rats, etc.). Plctures ot just some of the above animals I have seen in the watercourse are included in the above letter and attached hereto as Exhibit B I declare under penalty of perjury under the laws of the State of California, that the forgoing is true and correct.

Dated: April 13, 2026
Marc Scher
Las Vegas | Newport Beach | Walnut Creek
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DECLARATION OF MARC SCHER

1. I, Marc Scher, declare as follows:

I declare under penalty of perjury under the laws of the State of California, that the forgoing is true and correct.

Dated: April 13, 2026 4/ 4 44
Mar Scher
Las Vegas I Newport Beach I Walnut Creek
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April 13, 2026

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DECLARATION OF MARC SCHER

1. I, Marc Scher, declare as follows:

3. Over the course of living at my property, visiting neighboring properties and viewing portions of the watercourse in question from different vantage points, I have observed many animals using and traveling through the watercourse area, including coyote, deer, owls, hawks and various rodents (squirrels, mice, rats, etc.). Pictures or just some of the above animals I have seen in the watercourse are included in the above letter and attached hereto as Exhibit B.

I declare under penalty of perjury
the forgoing is true and correct.

Dated: April 13, 2026
under the laws of the State of California, that
Las Vegas | Newport Beach | Walnut Creek
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EXHIBIT EXHIBIT A A
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Electronically Filed by Superior Court of California, County of Orange, 03/25/2022 02:38:28 PM. 30-2022-01 51845-CU-OR-CJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By Katie Trent, Deputy Clerk. 1 2
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FIDELITY NATIONAL LAW GROUP
DONALD E. LEONHARDT, ESQ. (Bar No. 185350)
4 Executive Circle, Suite 270
Irvine, California 92614
Phone: (949) 255-9977
Fax: (949) 250-9798
Attorneys for Plaintiffs
DAVID W. COZZENS, as Trustee of the David W.

Cozzens Trust established July 10, 2018 and SUSAN
L. HEYSTEE, as Trustee of the Susan Lynn Heystee
Revocable Trust established February 7, 2017

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ORANGE
DAVID W. COZZENS, as Trustee of the
David W. Cozzens Trust established July 10,
2018 and SUSAN L. HEYSTEE, as Trustee of
the Susan Lynn Heystee Revocable Trust
established February 7, 2017,
Plaintiffs,
vs.

JAMES R. DALEY, as Trustee of the James
and Carole Daley Family Trust dated June 20,
2013; CAROLE A. DALEY, as Trustee of the
James and Carole Daley Family Trust dated
June 20, 2013; ALL PERSONS UNKNOWN,

CLAIMING ANY LEGAL OR EQUITABLE

RIGHT, TITLE, ESTATE, LIEN, OR

INTEREST IN THE PROPERTY

DESCRIBED IN THE COMPLAINT

ADVERSE TO PLAINTIFFS' TITLE, OR

ANY CLOUD ON PLAINTIFFS' TITLE
THERETO, and DOES 1 through 50,
inclusive,
Defendants.

CASE NO. 30-2022-01251845-CU-0R-CJC
VERIFIED COMPLAINT FOR:
(1) QUIET TITLE;
(2) EJECTMENT; AND
(3) DECLARATORY RELIEF
Assigned for All Purposes
Judge Derek W. Hunt
Plaintiffs DAVID W. COZZENS, as Trustee of the David W. Cozzens Trust established July 10, 2018 and SUSAN L. HEYSTEE, as Trustee of the Susan Lynn Heystee Revocable Trust established February 7, 2017 (collectively "Plaintiffs") allege as follows:
1 VERIFIED COMPLAINT
Electronically Filed by Superior Court of California, County of Orange 03/25/2022 02.38.28 PM 30-2022-01 H51845-CU-'OR-CJC- ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By Katie Trent, Deputy Clerk. 1 2
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27 FIDELITY NATIONAL LAW GROUP
DONALD E. LEONHARDT, ESQ. (Bar No. 185350)
4 Executive Circle, Suite 270
Irvine, California 92614
Phone: (949)255-9977
Fax: (949)250-9798
Attorneys for Plaintiffs
DAVID W. COZZENS, as Trustee ofthe David W.

Cozzens Trust established July 10, 2018 and SUSAN
L. HEYSTEE, as Trustee ofthe Susan Lynn Heystee
Revocable Trust established February 7, 2017

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ORANGE
DAVID W. COZZENS, as Trustee ofthe
David W. Cozzens Trust established July 10,
2018 and SUSAN L. HEYSTEE, as Trustee of
the Susan Lynn Heystee Revocable Trust
established February 7, 2017,
Plaintiffs,
vs.

JAMES R. DALEY, as Trustee ofthe James
and Carole Daley Family Trust dated June 20,
2013; CAROLE A. DALEY, as Trustee ofthe
James and Carole Daley Family Trust dated
June 20, 2013; ALL PERSONS UNKNOWN,

CLAIMING ANY LEGAL OR EQUITABLE

RIGHT, TITLE, ESTATE, LIEN, OR

INTEREST IN THE PROPERTY

DESCRIBED IN THE COMPLAINT
ADVERSE TO PLAINTIFFS’ TITLE, OR
ANY CLOUD ON PLAINTIFFS’ TITLE
THERETO, and DOES 1 through 50,
inclusive,
Defendants.__________________
CASE NO. 30-2022-01251845-CU-OR-CJC
VERIFIED COMPLAINT FOR:
(1) QUIET TITLE;
(2) EJECTMENT; AND
(3) DECLARATORY RELIEF
Assigned for All Purposes
Judge DerekW. Hunt
Plaintiffs DAVID W. COZZENS, as Trustee ofthe David W. Cozzens Trust established July 10, 2018 and SUSAN L. HEYSTEE, as Trustee ofthe Susan Lynn Heystee Revocable Trust 28 Document Prepared
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established February 7, 2017 (collectively “Plaintiffs”) allege as follows:
1 VERIFIED COMPLAINT
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PARTIES

1. Plaintiff DAVID W. COZZENS is an individual residing in the City of Laguna Beach, County of Orange, State of California, and is the Trustee of the David W. Cozzens Trust established July 10, 2018.

2. Plaintiff SUSAN L. HEYSTEE is an individual residing in the City of Laguna Beach, County of Orange, State of California, and is the Trustee of the Susan Lynn Heystee Revocable Trust established February 7, 2017.

3. Plaintiffs are informed and believe and, based thereon, allege that defendant JAMES R. DALEY is an individual residing in the City of Laguna Beach, County of Orange, State of California and is a Trustee of the James and Carole Daley Family Trust dated June 20, 2013.

4. Plaintiffs are informed and believe and, based thereon, allege that defendant CAROLE A. DALEY is an individual residing in the City of Laguna Beach, County of Orange, State of California and is a Trustee of the James and Carole Daley Family Trust dated June 20, 2013. Plaintiffs are also informed and believe and, based thereon, allege that James R. Daley and Carole A. Daley (the "Daleys") are married spouses.

5. The true names and capacities of those Defendants named herein as ALL

PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE OR

INTEREST IN THE SUBJECT REAL PROPERTY DESCRIBED IN PLAINTIFFS'

COMPLAINT ADVERSE TO PLAINTIFFS' TITLE OR INTEREST OR ANY CLOUD ON PLAINTIFFS' TITLE OR INTEREST THERETO, named herein as Does 1 through 50, inclusive (hereinafter sometimes referred to as the "Unknown Defendants"), are unknown to Plaintiffs, and therefore, Plaintiffs sue said Unknown Defendants by such fictitious names. Plaintiffs will seek leave of court to amend this complaint to include the true names and capacities of such Unknown Defendants when the same are ascertained. Plaintiffs are informed and believe and thereupon allege that each of these Unknown Defendants claim some right, title, estate, lien or interest in the Property adverse to Plaintiffs' title and interest, that the claims of all of these Defendants are without any right whatsoever, and further that these Unknown Defendants have no right, title, 2 VERIFIED COMPLAINT
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PARTIES
1 Plaintiff DAVID W. COZZENS is an individual residing in the City ofLaguna Beach, County of Orange, State ofCalifornia, and is the Trustee ofthe David W. Cozzens Trust established July 10, 2018.

2. Plaintiff SUSAN L. HEYSTEE is an individual residing in the City ofLaguna Beach, County of Orange, State ofCalifornia, and is the Trustee of the Susan Lynn Heystee Revocable Trust established February 7, 2017.

3. Plaintiffs are informed and believe and, based thereon, allege that defendant JAMES R. DALEY is an individual residing in the City ofLaguna Beach, County of Orange, State ofCalifornia and is a Trustee ofthe James and Carole Daley Family Trust dated June 20, 2013.

4. Plaintiffs are informed and believe and, based thereon, allege that defendant CAROLE A. DALEY is an individual residing in the City ofLaguna Beach, County of Orange, State ofCalifornia and is a Trustee ofthe James and Carole Daley Family Trust dated June 20, 2013. Plaintiffs are also informed and believe and, based thereon, allege that James R. Daley and Carole A. Daley (the “Daleys”) are married spouses.

5. The true names and capacities ofthose Defendants named herein as ALL

PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE OR INTEREST IN THE SUBJECT REAL PROPERTY DESCRIBED IN PLAINTIFFS’ COMPLAINT ADVERSE TO PLAINTIFFS’ TITLE OR INTEREST OR ANY CLOUD ON PLAINTIFFS’ TITLE OR INTEREST THERETO, named herein as Does 1 through 50, inclusive (hereinafter sometimes referred to as the “Unknown Defendants”), are unknown to Plaintiffs, and therefore, Plaintiffs sue said Unknown Defendants by such fictitious names. Plaintiffs will seek leave of court to amend this complaint to include the true names and capacities ofsuch Unknown Defendants when the same are ascertained. Plaintiffs are informed and believe and thereupon allege that each ofthese Unknown Defendants claim some right, title, estate, lien or interest in the Property adverse to Plaintiffs’ title and interest, that the claims of all ofthese Defendants are without any right whatsoever, and further that these Unknown Defendants have no right, title,

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estate, lien or interest whatsoever in the Property, or any part thereof. Plaintiffs collectively refer to the Daleys and DOES 1 through 50 herein as "Defendants."

GENERAL ALLEGATIONS

6. The subject real property of this action is commonly known as 600 Buena Vista Way, Laguna Beach, California 92651 (the "Property") Assessor's Parcel Number or APN 641- 373-43, and consists of the following legal description:

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF LAGUNA BEACH, COUNTY

OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO. 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30" WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00" EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1 ° 30' 00" EAST, 107.00 FEET;
THENCE LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° 01' 50" EAST 70.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

GENERAL ALLEGATIONS

6. The subject real property ofthis action is commonly known as 600 Buena Vista Way, Laguna Beach, California 92651 (the “Property”) Assessor’s Parcel Number or APN 641- 373-43, and consists ofthe following legal description:

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF LAGUNA BEACH, COUNTY

OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO. 1135 AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26 30 WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00" EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1 0 30' 00" EAST, 107.00 FEET;
THENCE LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° or 50" EAST 70.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

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VERDUGO BY DEED RECORDED IN BOOK 3436, PAGE 512, OFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID LINE SOUTH 4° 34' 30" WEST 65.26 FEET TO THE

BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 79.97 FEET;

THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29° 55' 30" AN ARC LENGTH OF 41.77 FEET TO A

POINT IN TEMPLE HILLS DRIVE AS SAID STREET IS SHOWN BY SAID MAP OF TRACT NO. 1135, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;

THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 26° 31' 20" AN ARC LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 8;
THENCE ALONG SAID NORTHERLY LINE SOUTH 77° 33' 30" EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE
ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003- 0815643, OFFICIAL RECORDS.

7. Plaintiffs are informed and believe and, based thereon, allege that Kids Love, LLC ("KL") acquired the fee simple interest in the Property by way of a Grant Deed executed, on November 14, 2003, by Harry James O'Connor, III, and recorded on December 2, 2003 as Document #2003001442198 in the Official Records, Orange County Recorder's Office. A true and correct copy of the 2003 Grant Deed is attached hereto as Exhibit A and is incorporated herein by reference.

8. David Wayne Cozzens and Susan Lynn Heystee purchased the Property from KL in September 2016, and acquired the fee simple interest in the Property (each as to an undivided 50% interest as tenants in common) from KL by way of a Grant Deed, executed by KL on September 16, 2016 and recorded on September 29, 2016 as Document 2016000474437 in the Official Records, Orange County Recorder's Office. A true and correct copy of the 2016 Grant Deed is attached hereto as Exhibit B and is incorporated herein by reference. At the time of Mr.

Cozzens and Ms. Heystee's purchase, the Property was vacant land; a pre-existing residential structure existed on the Property but was destroyed by fire in October 1993.

9. Mr. Cozzens conveyed his undivided 50% interest in the Property to himself as Trustee of the David W. Cozzens Trust established July 10, 2018 by way of a Quitclaim Deed, 4 VERIFIED COMPLAINT
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VERDUGO BY DEED RECORDED IN BOOK 3436, PAGE 512, OFFICIAL RECORDS OF SAID ORANGE COUNTY;
thpwf AT ONG SAID LINE SOUTH 4° 34' 30" WEST 65.26 FEET TO THE beginning of a tangent curve concave northwesterly and HAVING A RADIUS OF 79.97 FEET;

THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29° 55' 30" AN ARC LENGTH OF 41.77 FEET TO A MAP
POINT IN TEMPLE HILLS DRIVE AS SAID STREET IS SHOWN BY SAID OF TRACT NO. 1135, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003- 0815643, OFFICIAL RECORDS.

7. Plaintiffs are informed and believe and, based thereon, allege that Kids Love, LLC (“KL”) acquired the fee simple interest in the Property by way of a Grant Deed executed, on November 14, 2003, by Harry James O’Connor, III, and recorded on December 2, 2003 as Document #2003001442198 in the Official Records, Orange County Recorder’s Office. A true and correct copy ofthe 2003 Grant Deed is attached hereto as Exhibit A and is incorporated herein by reference.

8. David Wayne Cozzens and Susan Lynn Heystee purchased the Property from KL in September 2016, and acquired the fee simple interest in the Property (each as to an undivided 50% interest as tenants in common) from KL by way of a Grant Deed, executed by KL on September 16, 2016 and recorded on September 29, 2016 as Document 2016000474437 in the Official Records, Orange County Recorder’s Office. A true and correct copy ofthe 2016 Grant Deed is attached hereto as Exhibit B and is incorporated herein by reference. At the time of Mr.

Cozzens and Ms. Heystee’s purchase, the Property was vacant land; a pre-existing residential structure existed on the Property but was destroyed by fire in October 1993.

9. Mr. Cozzens conveyed his undivided 50% interest in the Property to himself as Trustee ofthe David W. Cozzens Trust established July 10, 2018 by way of a Quitclaim Deed, 4 VERIFIED COMPLAINT
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which Mr. Cozzens executed on July 10, 1998 and recorded on July 11, 2018 as Document 2018000254501 in the Official Records, Orange County Recorder's Office. A true and correct copy of the 2018 Quitclaim Deed is attached hereto as Exhibit C and is incorporated herein by reference.

10. Ms. Heystee conveyed her undivided 50% interest in the Property to herself as Trustee of the Susan Lynn Heystee Revocable Trust established February 7, 2017 by way of a Grant Deed, which Ms. Heystee executed on September 28, 2020 and recorded on September 28, 2020 as Document 2020000529051 in the Official Records, Orange County Recorder's Office. A true and correct copy of the 2020 Grant Deed is attached hereto as Exhibit D and is incorporated herein by reference.

11. Plaintiffs are informed and believe and, based thereon, allege that the Daleys acquired the fee simple interest in the neighboring real property commonly known as 528 Temple Hills Drive, Laguna Beach, California 92651 ("Daleys Property") Assessor's Parcel Number or APN 641-373-41, by way of a Grant Deed, executed on November 24, 2015 by Richard Nicholson and Jewel Nicholson, Trustees of the Nicholson Trust dated February 1, 1989 and recorded on December 22, 2015 as Document 2015000644745 in the Official Records, Orange County Recorder's Office. A true and correct copy of the 2015 Grant Deed is attached hereto as Exhibit E and is incorporated herein by reference. The Daleys Property consists of the following legal description:

LOT 8 OF TRACT 1135 IN THE CITY OF LAGUNA BEACH, COUNTY OF

ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

The Daleys Property is located to the immediate southwest of the Property. Plaintiffs are also informed and believe and, based thereon, allege that the presently existing improvements on the Daleys Property were constructed in 2015, prior to the Daleys' acquisition of title.

12. Following the purchase of the Property in September 2016, Plaintiffs pursued development of the Property, including approval from the City of Laguna Beach's Design Review Board of their proposed residential development in April 2021. In early April 2021, Plaintiffs 5 VERIFIED COMPLAINT
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which Mr. Cozzens executed on July 10, 1998 and recorded on July 11, 2018 as Document 2018000254501 in the Official Records, Orange County Recorder’s Office. A true and correct copy ofthe 2018 Quitclaim Deed is attached hereto as Exhibit C and is incorporated herein by reference.

10. Ms. Heystee conveyed her undivided 50% interest in the Property to herself as Trustee ofthe Susan Lynn Heystee Revocable Trust established February 7, 2017 by way of a Grant Deed, which Ms. Heystee executed on September 28, 2020 and recorded on September 28, 2020 as Document 2020000529051 in the Official Records, Orange County Recorder’s Office. A true and correct copy ofthe 2020 Grant Deed is attached hereto as Exhibit D and is incorporated herein by reference.

11. Plaintiffs are informed and believe and, based thereon, allege that the Daleys acquired the fee simple interest in the neighboring real property commonly known as 528 Temple Hills Drive, Laguna Beach, California 92651 (“Daleys Property”) Assessor’s Parcel Number or APN 641-373-41, by way of a Grant Deed, executed on November 24, 2015 by Richard Nicholson and Jewel Nicholson, Trustees ofthe Nicholson Trust dated February 1,1989 and recorded on December 22, 2015 as Document 2015000644745 in the Official Records, Orange County Recorder’s Office. A true and correct copy ofthe 2015 Grant Deed is attached hereto as Exhibit E and is incorporated herein by reference. The Daleys Property consists ofthe following legal description:

LOT 8 OF TRACT 1135 IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

The Daleys Property is located to the immediate southwest ofthe Property. Plaintiffs are also informed and believe and, based thereon, allege that the presently existing improvements on the Daleys Property were constructed in 2015, prior to the Daleys’ acquisition oftitle.

12. Following the purchase ofthe Property in September 2016, Plaintiffs pursued development ofthe Property, including approval from the City ofLaguna Beach’s Design Review Board oftheir proposed residential development in April 2021. In early April 2021, Plaintiffs

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learned from a real property survey, conducted in connection with a boundary check for their development of the Property, that certain improvements, which belong to Defendants, encroach onto the Property and public property belonging to the City of Laguna Beach. Specifically, portions of the Daleys' retaining wall and a water drain (the "Encroachments") are located on the southwest portion of Plaintiffs' Property. Additional portions of the retaining wall encroach onto the City's property and right of way (Temple Hills Drive). A true and correct topographic survey map identifying the Encroachments on the Property is attached hereto as Exhibit F and is incorporated herein by reference. Additionally, true and correct photographs of the Encroachments are attached as Exhibit G and are incorporated herein by reference.

13. The Encroachments constitute an exclusive use of Plaintiffs' Property. The retaining and wall and drains do not permit Plaintiffs any use of the affected portion of the Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion of the public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping of the Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintiff from additional, future development of the Property by blocking physical access to the southwest portion of the Property. Further, the retaining wall's encroachment onto Temple Hills Drive restricts the City's fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.

14. Plaintiffs are informed and believe and, based thereon, allege that these Encroachments were never permitted by the City of Laguna Beach since no permit could have been issued for construction of any structures on the Property by parties other than the Property's owners.

15. On or about April 27, 2001, Plaintiffs wrote to the City and the Daleys, requesting removal of the Encroachments. The Daleys have not complied and continue to not comply with removing the Encroachments.
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learned from a real property survey, conducted in connection with a boundary check for their development ofthe Property, that certain improvements, which belong to Defendants, encroach onto the Property and public property belonging to the City ofLaguna Beach. Specifically, portions ofthe Daleys’ retaining wall and a water drain (the “Encroachments”) are located on the southwest portion of Plaintiffs’ Property. Additional portions ofthe retaining wall encroach onto the City’s property and right ofway (Temple Hills Drive). A true and correct topographic survey map identifying the Encroachments on the Property is attached hereto as Exhibit F and is incorporated herein by reference. Additionally, true and correct photographs ofthe Encroachments are attached as Exhibit G and are incorporated herein by reference.

13. The Encroachments constitute an exclusive use of Plaintiffs’ Property. The retaining and wall and drains do not permit Plaintiffs any use ofthe affected portion ofthe Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion ofthe public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping ofthe Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintiff from additional, future development ofthe Property by blocking physical access to the southwest portion ofthe Property. Further, the retaining wall’s encroachment onto Temple Hills Drive restricts the City s fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.

14. Plaintiffs are informed and believe and, based thereon, allege that these Encroachments were never permitted by the City ofLaguna Beach since no permit could have been issued for construction of any structures on the Property by parties other than the Property s owners.

15. On or about April 27, 2001, Plaintiffs wrote to the City and the Daleys, requesting removal ofthe Encroachments. The Daleys have not complied and continue to not comply with removing the Encroachments.
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FIRST CAUSE OF ACTION

QUIET TITLE
(Against All Defendants)

16. Plaintiffs incorporate by reference paragraphs 1 through 15 above, as though fully set forth herein.

17. Plaintiff exclusively own the fee simple interest in the Property and have the present right to possess the entirety of their Property.

18. Defendants' Encroachments, specifically portions of the retaining wall and drains, encroach onto the Property without any right to do so. Plaintiffs are denied any use of the portions of the Property affected by the Encroachments due to their exclusive use of the Property.

As such the Encroachments constitute an unauthorized attempt by Defendants to take Plaintiffs' Property.

19. The retaining and wall and drains do not permit Plaintiffs any use of the affected portion of the Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion of the public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping of the Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintiff from additional, future development of the Property by blocking physical access to the southwest portion of the Property. Further, the retaining wall's encroachment onto Temple Hills Drive restricts the City's fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.

20. Plaintiffs have requested the removal of the Encroachments onto the Property, but Defendants will not comply. Plaintiffs are informed and believe and, based thereon, allege that Defendants contend that they have some right, title or interest to maintain the location of their Encroachments on the Property, even though Defendants do not hold the fee simple interest in the Property.
7 VERIFIED COMPLAINT
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FIRST CAUSE OF ACTION

QUIET TITLE
(Against All Defendants)

16. Plaintiffs incorporate by reference paragraphs 1 through 15 above, as though fully set forth herein.

17. Plaintiff exclusively own the fee simple interest in the Property and have the present right to possess the entirety oftheir Property.

18. Defendants’ Encroachments, specifically portions ofthe retaining wall and drains, encroach onto the Property without any right to do so. Plaintiffs are denied any use ofthe portions ofthe Property affected by the Encroachments due to their exclusive use ofthe Property.

As such the Encroachments constitute an unauthorized attempt by Defendants to take Plaintiffs’ Property.

19. The retaining and wall and drains do not permit Plaintiffs any use ofthe affected portion ofthe Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion ofthe public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping ofthe Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintifffrom additional, future development ofthe Property by blocking physical access to the southwest portion ofthe Property. Further, the retaining wall’s encroachment onto Temple Hills Drive restricts the City’s fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.

20. Plaintiffs have requested the removal ofthe Encroachments onto the Property, but Defendants will not comply. Plaintiffs are informed and believe and, based thereon, allege that Defendants contend that they have some right, title or interest to maintain the location oftheir Encroachments on the Property, even though Defendants do not hold the fee simple interest in the Property.
7 VERIFIED COMPLAINT
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21. Plaintiffs seek a judicial declaration that they hold the fee simple interest in the Property, to the exclusion of Defendants, as of September 29, 2016, the date of the recording of the Grant Deed (to David Wayne Cozzens and Susan Lynn Heystee) as Document 2016000474437 in the Official Records, Orange County Recorder's Office.

SECOND CAUSE OF ACTION

EJECTMENT
(Against All Defendants)

22. Plaintiffs incorporate by reference paragraphs 1 through 21 above, as though fully set forth herein.

23. Plaintiff exclusively own the fee simple interest in the Property and have the present right to possess the entirety of their Property.

24. Defendants' Encroachments, specifically portions of the retaining wall and drains, encroach onto the Property without any right to do so. Plaintiffs are denied any use of the portions of the Property affected by the Encroachments due to their exclusive use of the Property.

As such the Encroachments constitute an unauthorized attempt by Defendants to take Plaintiffs' Property.

25. The retaining and wall and drains do not permit Plaintiffs any use of the affected portion of the Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion of the public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping of the Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintiff from additional, future development of the Property by blocking physical access to the southwest portion of the Property. Further, the retaining wall's encroachment onto Temple Hills Drive restricts the City's fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.

26. Plaintiffs have requested the removal of the Encroachments onto the Property, but Defendants will not comply. Plaintiffs are informed and believe and, based thereon, allege that 8 VERIFIED COMPLAINT
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21. Plaintiffs seek a judicial declaration that they hold the fee simple interest in the Property, to the exclusion of Defendants, as of September 29, 2016, the date ofthe recording of the Grant Deed (to David Wayne Cozzens and Susan Lynn Heystee) as Document 2016000474437 in the Official Records, Orange County Recorder’s Office.

SECOND CAUSE OF ACTION

EJECTMENT
(Against All Defendants)

22. Plaintiffs incorporate by reference paragraphs 1 through 21 above, as though fully set forth herein.

23. Plaintiff exclusively own the fee simple interest in the Property and have the present right to possess the entirety oftheir Property.

24. Defendants’ Encroachments, specifically portions ofthe retaining wall and drains, encroach onto the Property without any right to do so. Plaintiffs are denied any use ofthe portions ofthe Property affected by the Encroachments due to their exclusive use ofthe Property.

As such the Encroachments constitute an unauthorized attempt by Defendants to take Plaintiffs Property.

25. The retaining and wall and drains do not permit Plaintiffs any use ofthe affected portion ofthe Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion ofthe public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping ofthe Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintiff from additional, future development ofthe Property by blocking physical access to the southwest portion ofthe Property. Further, the retaining wall’s encroachment onto Temple Hills Drive restricts the City’s fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.

26. Plaintiffs have requested the removal ofthe Encroachments onto the Property, but Defendants will not comply. Plaintiffs are informed and believe and, based thereon, allege that 8 VERIFIED COMPLAINT
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Defendants contend that they have some right, title or interest to maintain the location of their Encroachments on the Property, even though Defendants do not hold the fee simple interest in the Property.

27. Plaintiffs seek a judicial declaration mandating Defendants' ejection from the Property, including the Encroachments.

THIRD CAUSE OF ACTION

DECLARATORY RELIEF
(Against All Defendants)

28. Plaintiffs incorporate by reference paragraphs 1 through 27 above, as though fully set forth herein.

29. A dispute between Plaintiffs and Defendants has arisen with respect to the right to possess and use the Property and the rights and obligations as to the Encroachments.

30. Plaintiff exclusively own the fee simple interest in the Property and have the present right to possess the entirety of their Property.

31. Defendants' Encroachments, specifically portions of the retaining wall and drains, encroach onto the Property without any right to do so. Plaintiffs are denied any use of the portions of the Property affected by the Encroachments due to their exclusive use of the Property.

As such the Encroachments constitute an unauthorized attempt by Defendants to take Plaintiffs' Property.

32. The retaining and wall and drains do not permit Plaintiffs any use of the affected portion of the Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion of the public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping of the Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintiff from additional, future development of the Property by blocking physical access to the southwest portion of the Property. Further, the retaining wall's encroachment onto Temple Hills 9 VERIFIED COMPLAINT
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Defendants contend that they have some right, title or interest to maintain the location of their Encroachments on the Property, even though Defendants do not hold the foe simple interest in the Property.

27. Plaintiffs seek a judicial declaration mandating Defendants’ ejection from the Property, including the Encroachments.

THIRD CAUSE OF ACTION

DECLARATORY RELIEF
(Against All Defendants)

28. Plaintiffs incorporate by reference paragraphs 1 through 27 above, as though fully set forth herein.

29. A dispute between Plaintiffs and Defendants has arisen with respect to the right to possess and use the Property and the rights and obligations as to the Encroachments.

30. Plaintiff exclusively own the fee simple interest in the Property and have the present right to possess the entirety oftheir Property.

31. Defendants’ Encroachments, specifically portions ofthe retaining wall and drains, encroach onto the Property without any right to do so. Plaintiffs are denied any use ofthe portions ofthe Property affected by the Encroachments due to their exclusive use ofthe Property.

As such the Encroachments constitute an unauthorized attempt by Defendants to take Plaintiffs’ Property.

32. The retaining and wall and drains do not permit Plaintiffs any use ofthe affected portion ofthe Property. The retaining wall physically prevents (a) Plaintiffs from ingress and egress between the Property (from its southwest boundary) and the abutting portion ofthe public street Temple Hills Drive, (b) Plaintiffs from accessing the Property to conduct fire prevention maintenance and landscaping ofthe Property, (c) emergency medical services and firefighters from gaining entry to the Property from Temple Hills Drive in cases of emergency, and (d) Plaintiff from additional, future development ofthe Property by blocking physical access to the southwest portion ofthe Property. Further, the retaining wall’s encroachment onto Temple Hills 9 ____________

VERIFIED COMPLAINT
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Drive restricts the City's fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.

33. Plaintiffs have requested the removal of the Encroachments onto the Property, but Defendants will not comply. Plaintiffs are informed and believe and, based thereon, allege that Defendants contend that they have some right, title or interest to maintain the location of their Encroachments on the Property, even though Defendants do not hold the fee simple interest in the Property.

34. Plaintiffs seeks a judicial declaration that Plaintiffs have the exclusive right to possess the Property, to the exclusion of Defendants and the Encroachments, and that Defendant is obligated to immediately remove the Encroachments from the Property.

PRAYER
WHEREFORE, Plaintiff prays for relief as follows:

AS TO THE FIRST CAUSE OF ACTION:

1. For judicial declaration that they hold the fee simple interest in the Property, to the exclusion of Defendants, as of September 29, 2016, the date of the recording of the Grant Deed (to David Wayne Cozzens and Susan Lynn Heystee) as Document 2016000474437 in the Official Records, Orange County Recorder's Office AS TO THE SECOND CAUSE OF ACTION:

2. For a judicial declaration mandating Defendants' ejection from the Property, including the Encroachments.

AS TO THE THIRD CAUSE OF ACTION:

3. For judicial declaration that Plaintiffs have the exclusive right to possess the Property, to the exclusion of Defendants and the Encroachments, and that Defendant is obligated to immediately remove the Encroachments from the Property; AS TO ALL CAUSES OF ACTION:

4. For costs of suit incurred herein; and

5. For such other and further relief as the Court may deem just and proper. 10 VERIFIED COMPLAINT
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Drive restricts the City’s fire department ability to bring equipment on scene to fight fires and protect Plaintiffs and their neighbors.
3 3. Plaintiffs have requested the removal ofthe Encroachments onto the Property, but Defendants will not comply. Plaintiffs are informed and believe and, based thereon, allege that Defendants contend that they have some right, title or interest to maintain the location oftheir Encroachments on the Property, even though Defendants do not hold the fee simple interest in the Property.

34. Plaintiffs seeks a judicial declaration that Plaintiffs have the exclusive right to possess the Property, to the exclusion ofDefendants and the Encroachments, and that Defendant is obligated to immediately remove the Encroachments from the Property.

PRAYER
WHEREFORE, Plaintiff prays for relief as follows:

AS TO THE FIRST CAUSE OF ACTION:

1. Forjudicial declaration that they hold the fee simple interest in the Property, to the exclusion of Defendants, as of September 29, 2016, the date ofthe recording ofthe Grant Deed (to David Wayne Cozzens and Susan Lynn Heystee) as Document 2016000474437 in the Official Records, Orange County Recorder’s Office AS TO THE SECOND CAUSE OF ACTION:

2. For a judicial declaration mandating Defendants’ ejection from the Property, including the Encroachments.

AS TO THE THIRD CAUSE OF ACTION:

4. For costs ofsuit incurred herein; and

5. For such other and further relief as the Court may deem just and proper. 10 __________

VERIFIED COMPLAINT
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Dated: March 25, 2022 FIDELITY NATIONAL LAW GROUP
By:
11 Donald E. Leonhardt
Attorneys for Plaintiffs DAVID W.

COZZENS, as Trustee of the David W.

Cozzens Trust established July 10, 2018 and
SUSAN L. HEYSTEE, as Trustee of the
Susan Lynn Heystee Revocable Trust
established February 7, 2017

VERIFIED COMPLAINT
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Dated: March 25, 2022 FIDELITY NATIONAL LAW GROUP
Donald E. Leonhardt
Attorneys for Plaintiffs DAVID W.

COZZENS, as Trustee ofthe David W.

Cozzens Trust established July 10, 2018 and
SUSAN L. HEYSTEE, as Trustee ofthe
Susan Lynn Heystee Revocable Trust
established February 7, 2017
11 VERIFIED COMPLAINT
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STATE OF CALIFORNIA

COUNTY OF ORANGE

VERIFICATION
) SS.

I, David W. Cozzens, as Trustee of the David W. Cozzens Trust established July 10, 2018, declare as follows:

I am a named plaintiff in this action.

I have read the foregoing document entitled VERIFIED COMPLAINT FOR: (1) QUIET TITLE; (2) EJECTMENT; AND (3) DECLARATORY RELIEF and know the contents thereof. I am informed and believe that the matters stated therein are true and that, on that ground, I allege that the matters stated therein arc true.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

Executed on thislf day of March 2022 at Laguna Beach, California. /By: avid W. C 7zens,
Truste of the David W. Cozzens Trust established
July 10, 2018
12 VERIFIED COMPLAINT
1 VERIFICATION
2 3
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26 27

STATE OF CALIFORNIA

COUNTY OF ORANGE )
I, David W. Cozzens, as Trustee ofthe David W. Cozzens Trust established July 10, 2018, declare as follows:

I am a named plaintiffin this action.

I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the above is true and correct.

Executed on this'^day ofMarch 2022 at Laguna Beach, California.

By: David W. Cozzens,
Trustee ofthe David W. Cozzens Trust established
July 10,2018
28 document Prepared

ON RECYCLED PAPER
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ON RECYCLED PAPER

VERIFICATION

STATE OF CALIFORNIA
) SS.

COUNTY OF ORANGE
I, Susan L. Heystee, as Trustee of the Susan Lynn Heystee Revocable Trust established February 7, 2017, declare as follows:

I am a named plaintiff in this action.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

Executed on this 2 day of March 2022 at Laguna Beach, California.

By: Susan L. Heystee
Trustee of the Susan Lynn Heystee Revocable Trust
established February 7, 2017
13 VERIFIED COMPLAINT
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STATE OF CALIFORNIA

COUNTY OF ORANGE

VERIFICATION
)
) SS.
)
I, Susan L. Heystee, as Trustee ofthe Susan Lynn Heystee Revocable Trust established February 7,2017, declare as follows:

I am a named plaintiffin this action.

I have read the foregoing document entitled VERIFIED COMPLAINT FOR. (1) QUIET TITLE; (2) EJECTMENT; AND (3) DECLARATORY RELIEF and know the contents thereof. I am informed and believe that the matters stated therein are true and that, on that ground, I allege that the matters stated therein are true.

I declare under penalty ofpeguiy under the laws ofthe State ofCalifornia that the above is true and correct.

Executed on this ^^day ofMarch 2022 at Laguna Beach, California.

By: Susan L. Heystee
Trustee ofthe Susan Lynn Heystee Revocable Trust
established February 7,2017

VERIFIED COMPLAINT
186 of 262

EXHIBIT EXHIBIT A A
187 of 262

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Kids Love, LLC
CVO RIla 7/.06 i.a/AftLe'S'S
17 I/ el/S/4 eoy
-7:/eU/A/ o4
9)6
FIEC0R7.7) AT THE REQUEST OF
ClitcAnc
Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
II Hill 30.00
2003001442198 04:18pm 12/02/03
100 28 G02 3
660.00 660.00 20.00 0.00 4.00 0.00 0.00 0.00
A.P.N.: 641-373-18
Space Above This Line for Recorder's Use Only
Order No.: 38527621 Escrow No.: 06-14597

GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $1,320.00 & CITY $.00
[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] unincorporated area; [City of Laguna Beach, and
FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, Harry James O'Connor, III, a married man as his sole and separate property hereby GRANT(S) to Kids Love, LLC, Limited Liability Company the following described property in the City of Laguna Beach, County of Orange State of California; See Exhibit 'A' attached hereto and made a part hereof. arry Ja nnor, III
Documen ate. November 05.2001

STATE OF CALIFORNIA )SS
COUNTY OF O /fA v C•C-r ) ,
On 0-3 before me, .1-)/e 4 -O /114,r/'
personally appeared /jog /A)1 :7144 ej" 0 C °Aix/0A _22rpersonal4.4 (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand anc›Irteitlieal. 4 44,77 27,ZAVI/Mrijtl ' —.--:,___---.-
al. ..410 t
0 '''' '' ' Z,IZ
N0TARy PuBUC-CA, if ORNM co)
COMM. # 1,3?,3100 S.
2 A -
Signature ORANGE COUNEY 0 .X..... .0 .. 7P05= C.C4ZA,4),....c...v..,7„:„....„. ‹P.Dt-C.3, This area for official notarial seal.

Mail Tax Statements to: SAME AS ABOVE or Address Noted Below Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
RECORDING REQUESTED BY IIIMIHIIIIIIMIIIH 30.00
AND WHEN RECORDED MAIL TO:

Kids Love, LLC
0/4
2003001442198 04:18pm 12/02/03
100 28 G02 3
660 00 660.00 20.00 0.00 4.00 0.00 0.00 0.00

RECORDED AT THE REQUEST OF
CHICAGO T'C a COMPANY
A.P.N.; 641-373*18 Order No : 38527621
Space Above This Line for Recorders Use Only
Escrow No.: 06-14597

GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS; COUNTY $1,32QX& & CITY $.00
[ ] computed on full value of property conveyed, or [ ] computed on full value less value ofliens or encumbrances remaining at time of sale, [ ] unincorporated area; City of Laguna Beach, and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, Harry James O'Connor, III, a married man as his sole and separate property hereby GRANTfS) to Kids Love, LLC, Limited Liability Company the following described property in the City ofLaguna Beach, County ofOrange State of California; See Exhibit 'A' attached hereto and made a part hereof.

STATE OF CALIFORNIA )SS
COUNTY OF_
On //—/4-O~3______________ before me. d)/
ZIZ
acknowledged
L ^s^Mobethe person(s) whose name(s) is/are sunbed to thew^^nt and to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by h.s/her/their signature^) on the instrument t e person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand am^fttcisrseai
Signatui 5^5

DIANNA REDMAN I
t COMM. #1333100 S
NOTARY PUBLICO iFORNIA 0
ORANGE COUNTY 0
COMM. EXP. DEC. 3, 2005
This area for official notarial seal.

Mail Tax Statements to: SAME AS ABOVE or Address Noted Below 188 of 262
GOVERNMENT CODE 27361.7

I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON

THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:

NAME OF NOTARY: DIANNA REDMAN
DATE COMMISSION EXPIRES: DECEMBER 3, 2005
COMMISSION NUMBER: 1333100
VENDOR NUMBER: MGC1
COUNTY WHERE BOND IS FILED: ORANGE COUNTY
PLACE OF EXECUTION: IRVINE, CA
DATE:11/26/03
BY:

HI GO TITLE C
GOVERNMENT CODE 27361.7

THE NOTARY SEAL ON

IS ATTACHED READS AS

I CERTIFY UNDER PENALTY OF PERJURY THAT

THE DOCUMENT TO WHICH THIS STATEMENT
FOLLOWS:

NAME OF NOTARY: DIANNA REDMAN
DATE COMMISSION EXPIRES: DECEMBER 3,2005
COMMISSION NUMBER: 1333100
VENDOR NUMBER: MGC1
COUNTY WHERE BOND IS FILED: ORANGE COUNTY
PLACE OF EXECUTION: IRVINE, CA
DATE: 11/26/03.

BY:

HIC^GO TITLE COMPANY
189 of 262
i lit)J/ZUU t i .d8 AA J46 b3 Odf JUHN ALLtN3 itxm ig002/00J

EXHIBIT A
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO. 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30" WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00" EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1° 30' 00" EAST, 107.00 FEET;
THENCE LEAVING THE BOUNDARY OF SAID TRACT NO 1135 NORTH 87° 01' 50" EAST 70.45 FEET TO THE BEGINNING OF A TANENT CuRVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41° 35' 15" AN ARC LENGTH OP 68.95 FEET;
THENCE TANGENT TO SAID CURVE NORTH 45° 26' 35" EAST 51.94 FEET; THENCE NORTH 7° 51' 24" EAST 70.31 FEET;
THENCE NORTH 6° 53' 251 WEST 71.80 FEET;
THENCE NORTH 22' 04' 09" WEST 65.04 FEET;
THENCE NORTH 53' 46' 40" WEST 139.71 FEET;
THENCE SOUTH 71° 33' 24" WEST 106.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO JOHN S. VERDUGO BY DEED RECORDED IN BOOK 3436, PAGE 512, OFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID LINE SOUTH 4° 34. 30" WEST 65.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 79.97 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 55' 30" AN ARC LENGTH OF 41.77 FEET TO A POINT IN TEMPLE HILLS DRIVE AS SAID STREET IS SHOWN BY SAID MAP OF TRACT NO. 1135, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 31' 20" AN ARC LENGTH OF 9.26 FEET TO A POINT TV THE NORTHERLY LINE OF SAID LOT 8; THENCE ALONG SAID NORTHERLY LINE SOUTH 77° 33' 30" EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS. il/Uo/ZUUo li.Jb hAX 348 Zbb UtHZ JUHN AuLtNb I LAM 002/003

EXHIBIT A
that pohtton of the southwest TOWNSHIP
BEACH,
7 SOUTH. RANGE s WEST, SAN BEMARDTNO KEMDIAN, IN^ COOTTT OF ORANGS, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS 1135, AS SHOWN ON A

MAP RECORDED
AT ™OF SAID
COUNTY;
THENCE ALONG THE EAST LINE A o-, OF SAID LOT 8 SOUTH
TAP NORTHWEST CORNER OF LOT 9 OF SAID TRACT; THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83s 0 30" WEST 86.81 FEET TO
00" EAST 80.00 FEET TO
THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTHERLY ALONG OF g^jp THE EAST LINE OP SAID LOT 9 AND iHb.

TRACT NO. 1135 SOUTH 1“ 30' 00" EAST, 107-00 FEET; THENCE LEAVING 70,45 St
THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87 01 5v

TO THE BEGINNING OF A TANENT CURVE CONCAVE NORTHWESTERLY AND HAVING A ^CE 2^5 STioRTHBABTERLT ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41’ 35’ 15" AN ARC LENGTH OF
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE

68.95 PEET;
TANGENT TO SAID CURVE NORTH 45“ 26' 35" EAST 51.94 FEET; NORTH
NORTH
NORTH
NORTH
SOUTH
7® 51' 24“ EAST
6® 53' 25" WEST

70.31 71.80
FEET;
22° 04' OB" WBST 65.04 PEET;
40" WEST 139.71 FEET; 24" WEST 106 00 FEET TO A POINT IN THE SOUTHEASTERLY LINE LAND CONVEYED TO JOHN S. VERDUGO BY DEED RECORDED IN BOOK 3436, PAGE 53°
71®
46'
33'
OF THE_____ .
512, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID BEGINNING LINE SOUTH 4’ 34' 30" WEST 65.26 FEET T TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF79.97 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH ARC LENGTH OF 41.77 FEET TO A POINT IN TEMPLE HILLS DRIVE ASSAIDSTREE OF A
30" AN
IS
SHOWN BY SAID MAP OF TRACT NO- 1135 t SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 31 ____
THENCE
LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAW LOT 8, ALONG SAID NORTHERLY LINE SOUTH 77’ 33' 30" EAST 30.53 FEET TO THE POINT 20” AN
ARC
OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS. 190 of 262

EXHIBIT EXHIBIT B B
191 of 262
JACORDINC REQUESTED BY:
.I.Enu Key Escrow, lye.

Order No. 25570192
Escrow No. 01-12011-JW
Parcel No. 641-373-43
INV.4
AND WHEN RE ORD D MAIL TO:

DAVID W. COZZENS
566 TEMPLE HILLS DRIVE
LAGUNA BEACH, CA 92651
RECORDING REQUESTED BY Recorded in Official Records, Orange County LAWYERS TITLE Hugh Nguyen, Clerk-Recorder
II II II II I I IIII II III I I II II 15'°°
* $ R 0008 7 2 9 3 5 3 $ *
2016000474437 3:37 pm 09/29/16
227 416 GO2 4 05
1353.00 1353.00 0.00 0.00 9.00 0.00 0.00 0.00

SPACE ABOVE THIS LINE FOR RECORDERS USE

GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $2.706.90 and CITY S X computed on full value of property conveyed, or
❑ computed on full value less liens or encumbrances remaining at the time of sale.

D unincorporated area: X Laguna Beach, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kids Love, LLC, a Limited Liability Company
hereby GRANT(S) to DAVID WAYNE COZZENS, AN UNMARRIED MAN, AS '10 AN UNDIVIDED 50% INTEREST AND SUSAN LYNN HEYSthE, AN UNMARRIED WOMANJ AS TO AN UNDIVIDED 50% the following described real property in the County of Orange, State of California: INTEREST AS TENANTS AS PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF IN COMMON More commonly known as: 600 Buena Vista Way, Laguna Beach, CA 92651 Date September 8, 2016
Kids Love, LLC, a Limited Liability Company
By: My Sachs, Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFAORNIA

COUNTY OF UN
On 6.c.pi- /6i zoko , before me, Vitt. V r „er, ,Votr„cy Pub/ le_ personally appeared Mvles Sachs, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

S.S.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my ha
Signature
and official
r
(Seal)
Nelary Polk • Calilornis
Oranp County
Commission •►2151467
Comm. Ex es 30 2020
Mail Tax Statement to: SAME AS ABOVE or Address Noted Below

RECORDING REQUESTED BY
lawyers title
&ECOMHNC REQVESTFiD BY:
jrpn E?y Eiicro"')Ltir
Order No. 25570192
Escrow No. 01-12011-JW
Parcel No. 641-373-43
ORDED MAIL TO:

Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
2016000474437 3:37 pm 09/29/16
227 416G02 4 05
1353.00 1353.00 0.00 0.00 9.00 0.00 0.00 0.00
DAVID W. COZZENS
566 TEMPLE HILLS DRIVE
1 AGUNA BEACH, CA 92651
—------- —---------------------------- —----- ' SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTORS) DECLARE(S)THAT DOCUMENTARY TRANSFER TAX iS S2.7« CITY S X computed on full value ofproperty conveyed, or [
□
~1 computed on full value less liens or encumbrances remaining at die time ot sale. unincorporated area: X Laguna Beach, and FOR A VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged, Kids Love, LLC, a Limited L.abihty Company
hereby GRANT(S) to DAVID ™
tJe^SS

AS PER AS
More commonly
EXHIBIT “A” ATTACHED HERETO AND MADE A PARI HEREOF IN COMMON known as: 600 Buena Vista Way, Laguna Beach, CA 92651 Date September 8, 2016
Kids Love, LLC, a Limited Liability Company
By: Myles Sachs, Manager
to
A notary
which this
pubtie
certificate
or ..her
is
officer coveting this certificate verifies oniy the Wh° d0“'”n* attached, and not the truthfulness, accuracy, or validity ofthat document---------------- - --------------

STATE OF CALIFORNIA

COUNTY OF
s-;: —-
which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the taws of the State of California that the forego,ng paragraph ,s true and correct.

Signature
WITNESS my hand and official
(Seal)
BtAiU **-***-—»- FVINC • vMIWVM
Orange County
Commission * 2151467 *
Mail Tax Statement to: SAME AS ABOVE or Address Noted Below 192 of 262
O mLawyers Title Lawyers Title Company
16755 Von Karman, Ste. 100
Irvine, California 92606
Phone: (949) 223-5575

PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:

Name of the Notary: JILL V. HARPER
Date Commission expires: 4-30-2020
County Where Bond is Filed: ORANGE
Commission No.: 2151467 ManufacturerNendor No.: NNAI
Place of Execution: Irvine, Ca. Date: September 29, 2016 Signature:

LAWYERS L COMPANY
I further certify under the penalty of perjury that the illegible portion of the document to which this statement is attached reads as follows (if applicable):

Date: September 29, 2016
Signature:

LAWYERS TITLE COMPANY
(ft LawyersTitle
Lawyers Title Company
16755 Von Karman, Ste. 100
Irvine, California 92606
Phone: (949)223-5575

PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:

Name of the Notary: jill v. harper
Date Commission expires: 4-30-2020
County Where Bond is Filed: orange
Commission No.: 2151467 Manufacturer/Vendor No.: nnai
Place of Execution: Irvine, Ca. Date: September 29, 2016 Signature:

LAWYERS Lt COMPANY
I further certify under the penalty of perjury that the illegible portion of the document to which this statement is attached reads as follows (if applicable):

Date: September 29, 2016
Signature:

LAWYERS TITLE COMPANY
193 of 262
File No: 215570192
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of California, described as follows:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LAGUNA

BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO, 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30" WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00" EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1° 30' 00" EAST, 107.00 FEET;
THENCE LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° 01' 50" EAST 70.45 FEET

TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41° 35' 15" AN ARC LENGTH OF 68.95 FEET;
THENCE TANGENT TO SAID CURVE NORTH 45° 26' 35" EAST 51.94 FEET; THENCE NORTH 7° 51' 24" EAST 70.31 FEET;
THENCE NORTH 6° 53' 25" WEST 71.80 FEET;
THENCE NORTH 22° 04' 09" WEST 65.04 FEET;
THENCE NORTH 53° 46' 40" WEST 139.71 FEET;
THENCE SOUTH 71° 33' 24" WEST 106.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO JOHN S. VERDUGO BY DEED RECORDED IN BOOK 3436, PAGE 512, OFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID LINE SOUTH 4° 34' 30" WEST 65.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 79.97 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 55' 30" AN ARC LENGTH OF 41.77 FEET TO A POINT IN TEMPLE HILLS DRIVE AS SAID STREET IS SHOWN BY SAID MAP OF TRACT NO. 1135, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 31' 20" AN ARC LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 8; CLTA Preliminary Report Form — Modified (11-17-06)
File No: 215570192
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of California, described as follows:

THAT

TOWNSHIP
PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, IeACH COUNTY
7 SOUTH,

OF ORANGE,
RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LAGUNA STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO, 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30'' WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00” EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1° 30' 00" EAST, 107.00 FEET; TO
THENCE
THE
LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° 01' 50" EAST 70.45 FEET BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

I FNCTH OF
TRACT
41 77
NO.

FEET
1135,
TO
SAID

A POINT
POINT

IN TEMPLE HILLS DRIVE AS SAID STREET IS SHOWN BY BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 31 20 AN ARC LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 8; CLTA Preliminary Report Form - Modified (11-17-06)
194 of 262
File No: 215570192
THENCE ALONG SAID NORTHERLY LINE SOUTH 77° 33' 30" EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS.

APN: 641-373-43
File No: 215570192
THENCE ALONG SAID NORTHERLY LINE SOUTH 77° 33' 30” EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS.

APN: 641-373-43
195 of 262

EXHIBIT EXHIBIT C C
196 of 262

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CASEY & RICHARDS LLP
610 Newport Center Drive, Suite 840
Newport Beach, California 92660
ATTN: Wayne J. Casey
MAIL TAX STATEMENTS TO:

DAVID W. COZZENS, Trustee
566 Temple Hills Drive
Laguna Beach, California 92651
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
HMI I I MN fi
* 1, 12 001 02 1 40 35 E
II
2018000254501 4:02 pm 07/11/18
93 414 Q01 5

0.00 0.00 0.00 0.00 12.00 0.00 0.000.0075.00 3.00

96.00 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

TITLE(S)

QUITCLAIM DEED
APN: 641-373-43
The undersigned grantor declares:

Documentary transfer tax is none ($0.00) - consideration less than $100.00 computed on full value of property conveyed, or
computed on full value less value of liens and encumbrances remaining at time of sale.

Unincorporated area of (X) City of Laguna Beach, and
This document is exempt from the $75 Building Homes and Jobs Act Fee (per Government Code §27388.1) because:

Document is a transfer of real property subject to the imposition of transfer tax Document is a transfer of real property that is a residential dwelling to an owner-occupier Document is recorded in connection with an exempt transfer of real property (i.e., subject to transfer tax or owner-occupied). If not recorded concurrently, provide recording date and document number of related transfer document:

Recording date Document Number
The $225 per transaction cap is reached
Document is not related to real property

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CASEY & RICHARDS LLP
610 Newport Center Drive, Suite 840
Newport Beach, California 92660
ATTN: Wayne J. Casey
MAIL TAX STATEMENTS TO:

Recorded in Official Records, Orange County
in 96.00
2018000254501 4:02 pm 07/11/18
93 414Q01 5 ______

0.00 0.00 0.00 0.00 12.00 0.00 0.000.0075.00 3.00
Hugh Nguyen, Clerk-Recorder
DAVID W. COZZENS, Trustee
566 Temple Hills Drive
Laguna Beach, California 92651
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

TITLE(S)
(A
QUITCLAIM DEED___________
APN: 641-373-43
The undersigned grantor declares:

Documentary transfer tax is none ($0.00) - consideration less than $100.00 ( ) computed on full value ofproperty conveyed, or
( ) computed on full value less value ofliens and encumbrances remaining at time ofsale.
( ) Unincorporated area of(X) City ofLaguna Beach, and
This document is exempt from the $75 Building Homes and Jobs Act Fee (per Government Code §27388.1) because:

I | Document is a transfer ofreal property subject to the imposition oftransfer tax | | Document is a transfer ofreal property that is a residential dwelling to an owner-occupier □ Document is recorded in connection with an exempt transfer ofreal property (i.e., subject to transfer tax or owner-occupied). If not recorded concurrently, provide recording date and document number ofrelated transfer document:

Recording date Document Number
I | The $225 per transaction cap is reached
CH Document is not related to real property
197 of 262

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

Casey & Richards LLP
610 Newport Center Drive, Suite 840
Newport Beach, California 92660
Attn: Wayne J. Casey
A.P.N.: 641-373-43

QUITCLAIM DEED
The undersigned grantor declares:

This conveyance transfers an interest into or out of his revocable living trust.

R & T § 11930.

Documentary transfer tax is none - consideration less than $100.00 ( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area of (X) City of Laguna Beach, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DAVID WAYNE COZZENS, AN UNMARRIED MAN, AS TO AN UNDIVIDED 50%

INTEREST
hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to:

DAVID W. COZZENS, Trustee of the David W. Cozzens Trust established July 10, 2018, any and all interest, including without limitation, an undivided fifty percent (50%) interest, in that certain real property in the City of Laguna Beach, County of Orange, State of California described as:

See EXHIBIT "A" attached hereto and incorporated herein by reference for legal description.
-2-

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

Casey & Richards LLP
610 Newport Center Drive, Suite 840
Newport Beach, California 92660
Attn: Wayne J. Casey
A.P.N.: 641-373-43

QUITCLAIM DEED
The undersigned grantor declares:

This conveyance transfers an interest into or out ofhis revocable living trust.

R&T§ 11930.

Documentary transfer tax is none - consideration less than $ 100.00 ( ) computed on full value ofproperty conveyed, or
( ) computed on full value less value ofliens and encumbrances remaining at time ofsale.
( ) Unincorporated area of(X) City ofLaguna Beach, and
FOR A VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged, DAVID WAYNE COZZENS, AN UNMARRIED MAN, AS TO AN UNDIVIDED 50%

INTEREST
hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to:

DAVID W. COZZENS, Trustee ofthe David W. Cozzens Trust established July 10,2018, any and all interest, including without limitation, an undivided fifty percent (50%) interest, in that certain real property in the City of Laguna Beach, County of Orange, State ofCalifornia described as:

See EXHIBIT “A” attached hereto and incorporated herein by reference for legal description.
-2-
198 of 262
More commonly known as 600 Buena Vista Way, Laguna Beach, CA 92651 Dated: July 10, 2018

DAV WAYN OZZ
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
) ss.

COUNTY OF ORANGE
On July 10, 2018, before me, Marc H. Richards, a notary public, personally appeared DAVID WAYNE COZZENS, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
MARC H. RICHARDS
COMMISSION I 2240100 3 *I NV Plat . CONAIMIS f ORANGE COUNTY Mv Cow *sow IVA V, eon (Seal)

MAIL TAX STATEMENTS AS DIRECTED ABOVE
-3-
More commonly known as 600 Buena Vista Way, Laguna Beach, CA 92651 Dated: July 10,2018
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document._____ __________________________________ ____________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF ORANGE )
On July 10,2018, before me, Marc H. Richards, a notary public, personally appeared DAVID WAYNE COZZENS, who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

MAIL TAX STATEMENTS AS DIRECTED ABOVE
-3-
199 of 262
200 of 262
EXHIBIT "A"

LEGAL DESCRIPTION
All that certain real property situated in the County of Orange, State of California, described as follows:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN,

IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO. 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30" WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00" EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1° 30' 00" EAST, 107.00 FEET; THENCE LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° 01' 50" EAST 70.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

LEGAL DESCRIPTION
All that certain real property situated in the County of Orange, State of California, described as follows:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN,

IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO. 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30" WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00" EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1° 30’ 00" EAST, 107.00 FEET; THENCE LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° 01' 50" EAST 70.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 55' 30" AN ARC LENGTH OF 41.77 FEET TO A POINT IN TEMPLE HILLS DRIVE AS SAID STREET IS SHOWN BY SAID MAP OF TRACT NO. 1135, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;

THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 31' 20" AN ARC LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 8;
TIIENCE ALONG SAID NORTHERLY LINE SOUTH 77° 33' 30" EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS.

APN: 641-373-43
-5-
THENCE ALONG SAID LINE SOUTH 4° 34' 30" WEST 65.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 79.97 FEET;

THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 31' 20" AN ARC LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 8;
THENCE ALONG SAID NORTHERLY LINE SOUTH 77° 33' 30" EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11,2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS.

APN: 641-373-43
-5-
202 of 262

EXHIBIT EXHIBIT D
203 of 262
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder

RECORDING REQUESTED BY
Acosta Business & Estate Planning
AND WHEN RECORDED MAIL TO:

MAIL TAX STATEMENTS TO:

Ms. Susan L. Heystee
3049 Cresta Way
Laguna Beach, CA 92651
0 11 11 111 111 111 1 11111 111 11 94 00
* $ R 00 1 2 080 5 8 3 $*
2020000529051 2:43 pm 09/28/20
63 PP2A G02 4

0.00 0.00 0.00 0.00 9.00 0.00 0.000.0075.00 3.00
APN: 641-373-43

GRANT DEED
The undersigned grantor(s) declare(s): Documentary transfer tax is $ This conveyance transfers the grantors' interest into or out of a living trust. R&T 11930.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Susan Lynn Heystee, an unmarried woman, as to an undivided fifty percent (50%) interest hereby GRANT(S) to
Susan L. Heystee, as Trustee of the Susan Lynn Heystee Revocable Trust established February 7, 2017, as to an undivided fifty percent (50%) interest
the following described real property in the City of Laguna Beach, County of Orange, State of California:

PLEASE SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF Property commonly known as: 600 Buena Vista Way, Laguna Beach, CA Dated: (CoPktvirk\oeir 2f , 2020
Susan Lynn Heystee
MAIL TAX STATEMENTS TO: Ms. Susan L. Heystee, 3049 Cresta Way, Laguna Beach, CA 92651 Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder

RECORDING REQUESTED BY
Acosta Business & Estate Planning
AND WHEN RECORDED MAIL TO:

MAIL TAX STATEMENTS TO:

Ms. Susan L. Heystee
3049 Cresta Way
Laguna Beach, CA 92651
*$R001 2080583$*
2020000529051 2:43 pm 09/28/20
63 PP2A G02 4

0.00 0.00 0.00 0.00 9.00 0.00 0.000.0075.00 3.00
APN: 641-373-43

GRANT DEED
The undersigned grantor(s) declare(s): Documentary transfertax is $ This conveyance transfersthe grantors’ interest into or out of a living trust. R&T 11930.

FOR A VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged, Susan Lynn Heystee, an unmarried woman, as to an undivided fifty percent (50%) interest hereby GRANT(S) to
Susan L. Heystee, as Trustee ofthe Susan Lynn Heystee Revocable Trust established February 7, 2017, as to an undivided fifty percent (50%) interest
the following described real property in the City ofLaguna Beach, County of Orange, State of California:

PLEASE SEE EXHIBIT “A” ATTACHED HERETO AND MADE APART HEREOF Property commonly known as: 600 Buena Vista Way, Laguna Beach, CA Dated: 2^ ,2020
Susan Lynn Heystee
MAIL TAX STATEMENTS TO: Ms. Susan L. Heystee, 3049 Cresta Way, Laguna Beach, CA 92651 204 of 262
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
) ss.

COUNTY OF ORANGE
On fekr\ioctc 2g 2020 before me,
NOTARY PUBLIC, personally appeared Susan L. Heystee, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.

Signature_

NATHALIE SAXEN
Notary Public • California
Orange County
Commission # 2326588
My Comm. Expires May 17, 2024
A notary public or other officer completing this certificate verifies onlythe identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.—

STATE OF CALIFORNIA )
) ss.

COUNTY OF ORANGE )
On 2020 before me, ;;.

NOTARY PUBLIC, personally appeared SusanL. Heystee, who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.

Signature
NATHALIE SAXEN ■
Notary Public • California |
O^nge County 5
Commission # 2326588 r
My Comm. Expires May 17, 2024 B
i
205 of 262
File No: 215570192
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of California, described as follows:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LAGUNA

BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO, 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30" WEST B6.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00" EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1° 30' 00" EAST, 107.00 FEET;
THENCE LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° 01' 50" EAST 70.45 FEET

TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41° 35' 15" AN ARC LENGTH OF 68.95 FEET;
THENCE TANGENT TO SAID CURVE NORTH 45° 26' 35" EAST 51.94 FEET; THENCE NORTH 7° 51' 24" EAST 70.31 FEET;
THENCE NORTH 6° 53' 25" WEST 71.80 FEET;
THENCE NORTH 22° 04' 09" WEST 65.04 FEET;
THENCE NORTH 53° 46' 40" WEST 139.71 FEET;
THENCE SOUTH 71° 33' 24" WEST 106.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO JOHN S. VERDUGO BY DEED RECORDED IN BOOK 3436, PAGE 512, DFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID LINE SOUTH 4° 34' 30" WEST 65.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 79.97 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 55' 30" AN ARC LENGTH OF 41,77 FEET TO A POINT IN TEMPLE HILLS DRIVE AS SAID STREET IS SHOWN BY SAID MAP OF TRACT NO. 1135, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 31' 20" AN ARC LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 8; CLTA Preliminary Report Form - Modified (11-17-06)
File No: 215570192
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of California, described as follows:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LAGUNA

BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF TRACT NO. 1135, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG THE EAST LINE OF SAID LOT 8 SOUTH 12° 26' 30“ WEST 86.81 FEET TO THE NORTHWEST CORNER OF LOT 9 OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 83° 30' 00’ EAST 80.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE OF SAID TRACT NO. 1135 SOUTH 1° 30' 00" EAST, 107.00 FEET;
THENCE LEAVING THE BOUNDARY OF SAID TRACT NO. 1135 NORTH 87° 01' 50” EAST 70.45 FEET

TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 95.00 FEET;

THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41° 35' 15" AN ARC LENGTH OF 68.95 FEET;
THENCE TANGENT TO SAID CURVE NORTH 45° 26' 35" EAST 51.94 FEET; THENCE NORTH 7° 51' 24" EAST 70.31 FEET;
THENCE NORTH 6’ 53' 25" WEST 71.80 F^T;
THENCE NORTH 22° 04' 09" WEST 65.04 FEET;
THENCE NORTH 53° 46' 40" WEST 139.71 FEET;
THENCE SOUTH 71° 33' 24" WEST 106.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO JOHN S. VERDUGO BY DEED RECORDED IN BOOK 3436, PAGE 512, OFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID LINE SOUTH 4® 34' 30" WEST 65.26 FEET TO THE BEGINNINGOF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 79.97 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29_ 55^30 AN ARC LENGTH OF 41.77 FEET TO A POINT IN TEMPLE HILLS DRIVE AS SAID SAID MAP OF TRACT NO. 1135, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 31' 20" AN ARC LENGTH OF 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 8; CLTA Preliminary Report Form - Modified (11-17-06)
206 of 262
File No: 215570192
THENCE ALONG SAID NORTHERLY LINE SOUTH 77° 33' 30" EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT LINE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS.

APN: 641-373-43
Hie No: 215570192
THENCE ALONG SAID NORTHERLY UNE SOUTH 77° 33' 30* EAST 30.53 FEET TO THE POINT OF BEGINNING.

SAID LEGAL DESCRIPTION IS BASED ON PARCEL 2 LOT UNE ADJUSTMENT RECORDED JULY 11, 2003 AS INSTRUMENT NO. 2003-0815643, OFFICIAL RECORDS.

APN: 641-373-43
207 of 262

EXHIBIT EXHIBIT E E
208 of 262
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
11 11 9111MI1 11 1111 11 11 111 9 600
RECORDING REQUESTED BY:

OLD REPUBLIC TITLE COMPANY
AND WHEN RECORDED MAIL TO:

JAMES DALEY and

CAROLE DALEY
528 Temple Hills Drive
Laguna Beach, CA 92651
* $ R 00 0 8 0 4 3 5 40$*
2015000644745 3:16 pm 12/22/15
65 405 G02 1 05
1636.25 1636.25 0.00 0.00 0.00 0.00 0.00 0.00
THIS SPACE FOR RECORDER'S USE ONLY:

Title Order No.: 2630008632-61 Escrow No.: 061444-CD
AP#: 641-373-41 GRANT DEED

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $3,272.50
[X] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale. [ ] Unincorporated area (X] City of Laguna Beach AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richard Nicholson and Jewel Nicholson, Trustees of THE NICHOLSON TRUST dated February 1, 1989 hereby GRANT() to:

James R. rtley and Carole A. Daley, trustees of the Janes and Carole Daley Family Trust dated June 20, 2013
the real property in the City of Laguna Beach, County of Orange, State of California, described as:

Lot 8 of Tract 1135 in the City of Laguna Beach, County of Orange, State of California, as per map recorded in Book 36, Page 44 of Miscellaneous Maps, in the office of the County Recorder of said County.

Also Known as: 528 Temple Hills Drive, Laguna Beach, CA 92651 Dated November 20, 2015
THE NI •L ON TRUST
chard ich son, Trus e
ewel Nicholson, Trustee
B
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF L.S ocue, t,Pj
On 4:1O.412Pr a4, 443 ik- be‘ fpre me, De10 h) A Notary Public personally appeared ikujiara eja O Son and levlst.l N ISo r‘ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-isfare subscribed to the withiriinstrument and acknowledged to me that hetstre/they executed the same in his/ler/their authorized capacity( ies), and that by hisihor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
r ."16"AAAADVETIth=l An
4106N ,
1 Comm. No. 2022013 0
NOTARY eusuc - CALIFORNIA p
0 4 LOS ANGELES COUNTY L.
i wwwwww=; tn. wwwwwwwwv Exp. May 2, 21:117 f
MAIL TAX STATEMENTS TO PAR SHOWN B LOW: IF NO PARTY SHOWN, MAIL AS SHOWN ABOVE:

Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
RECORDING REQUESTED BY:

OLD REPUBLIC TITLE COMPANY
AND WHEN RECORDED MAIL TO:

JAMES DALEY and

CAROLE DALEY
*$R0008043540$*
2015000644745 3:16 pm 12/22/15
65 405 G02 1 05
1636.25 1636.25 0.00 0.00 0.00 0.00 0.00 0.00
528 Temple Hills Drive
Laguna Beach, CA 92651 THIS SPACE FOR RECORDER'S USE ONLY:

Title Order No.: 2630008632-61
AP#: 641-373-41_____________
Escrow No.: 061444-CD

GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) _ w_ „„ cn DOCUMENTARY TRANSFER TAX is $3,272.50 [X] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time or sale. [ ] Unincorporated area [X] City of Laguna Beach AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richard Nicholson and Jewel Nicholson, Trustees of THE NICHOLSON TRUST dated February 1,1989 Carole A. Daley, trustees of the James and Carole Daley Family Trust dated June 20, 2013
the
Lot 8
real
of Tract
orooertv in the City of Laguna Beach, County of Orange, State of California, described as: 1135 in the City of Laguna Beach, County of Orange, State of California, as per map recorded in Book 36, Page 44 of Miscellaneous Maps, in the office of the County Recorder of said County.

Also Known as: 528 Temple Hills Drive, Laguna Beach, CA 92651 Dated November 20, 2015
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document,--------------------------------

STATE OF CALIFORNIA
ISntoS'on'JX'XS certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragr p WITNESS my hand and official seal.
|
Signature.

MAIL TAX STATEMENTS TO PAR
(Seal)

NOTARYPUBLIC - CALIFORNIA O

LOS ANGELES COUNTY
My Comm. Exp. May 2,2017 £
Comm. No. 2022013
SHOWN BELOW; IF NO PARTY SHOWN, MAIL AS SHOWN ABOVE:
209 of 262

EXHIBIT EXHIBIT F F
210 of 262
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NOTED OTHERWISE
REM 5 OE THE RIMY. EASEMENTS FOR SEA.

LINES 0ISASLOSED IN CRY Of CAW. BEAM •
RESOLUTION Cr INIARIKAANO rt 00N

CAME SUBJECT PROPERTY AND ARE NOT
PLOTTED MENEM Ei ITEM 0 OF 'ME POLIO, AN EASEMENT FONG.

PIPES RECORD ED IN BOOK 212S, PAGE 2150

DOES NOT FALL ON THE SIJEIAEDT PROPERTY AND I
IS NOT PLOTTED HEREON.

REM T OE THE POLICY. EASFSAVASS FOR
PIPELINES 'NORMS AND EWE. RAM

0.0 0 IN
000101036. PAGE 1502 0.I2
ID VOA 0 OFRIE MUG, AN EASEMENT FOR PUBLIC
MIRES RA//,0E+AD 000K I.240. PACE WO

DI ITEM A OPINE POOL, AM EASEMENTS FOR
KWIC WRITES RECrnoED AS INSTRUMENT MO.
03-08.900 OR IS NOT PLOTTED MENEM RE
DOCUMENT IS NOT AnSA ...MS. THE POLICY, DECLARATION OF OPP.

SPACE RESTRICTION RECORDED A. INSTRUMENT
20030012035, 0 R IS NOT PLOTTED HEREON

EXHIBITS A AM B REFERENCED IN TIE

DOCUMENT ARENDT INCLUDED MO ME

ACCATICAIO,PE RESTRICNON CANNOT BE

DETERMINED
CI ITE18 f a °F RE RICNON P.M', A DELL/RAMON./ OF.

WAGE REST 11,OA1FD AS INS^RillUENT
NO 200000006372 0 R. 'MERE IS AN ERROR IN

THE DESCRIPTION OF THE OPEN SPACE AND THE

LINE PLOTTED HEREON IS A BEST
0SEERPRETATM OF THE CP. SPACELOCA.TION.
g MEM 11 OVREPOLIMANEASEMENTEDI
STREET PURPLES RECOROIED AS INS1RU1AENT
NO. ZOOSPA0131021 OR THERE 1S AN ERROR IN

TAW DESCEARTION OF DEBASEMENT AM THE
lliE PLOTTED HEREON MADE,

INTERPRETATION OE THE EASEMENT LOCATION
El AA EASEMENT MR ROADWAY PURPOSES
RECORDED. INSTRIIMENT NO 2111400530,801
OR AS SNOWNONIISDNIllt
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222 of 262

EXHIBIT EXHIBIT C C
223 of 262
County of Orange Central and Coastal Subregion NCCP/HCP Covered Species List, April 2023
Common Name Scientific Name
American peregrine falcon Falco peregrinus anatum
Arboreal salamander Aneides lugubris
Arroyo toad Anaxyrus californicus
Blackbelly slender salamander Batrachoseps nigriventris Blochman's dudleya Dudleya blochmaniae ssp. blochmaniae Catalina mariposa lily Calochortus catalinae
Cliff spurge Euphorbia misera
Coast horned lizard Phrynosoma coronatum blainvillii
Coastal cactus wren Campylorhynchus brunneicapillus cousei Coastal California gnatcatcher Polioptila ca/ifornica califomica Coastal western whiptail Aspidoscelis tigris stejnegeri Coronado Island skink Plestiodon skiltonianus interparietalis Coulter's matillija poppy Romneya coulteri
Coyote Canis latrans
Golden eagle Aquila chrysaetos
Gray fox Urocyon cinereoargentus
Heart-leaved pitcher sage Lepechinia cardiophylla
Intermediate mariposa lily Calochortus weedii var. intermedius Laguna Beach dudleya Dudleya stolonifera
Least Bell's vireo Vireo bellii pusillus
Northern harrier Circus cyaneus
Nuttall's scrub oak Quercus dumosa
Orangethroat whiptail Aspidoscelis hyperythra
Pacific pocket mouse Perognathus longimembris pacificus Palmer's grapplinghook Harpagonella palmeri
Prairie falcon Falco mexicanus
Quino checkerspot butterfly Euphydryas editha quino
Red-diamond rattlesnake Crotalus ruber
Red-shouldered hawk Buteo lineatus
Riverside fairy shrimp Streptocephalus woottoni
Rosy boa Charina trivirgata
Rough-legged hawk Buteo lagopus
San Bernardino ringneck snake Diadophis punctatus modestus 1 County of Orange Central and Coastal Subregion NCCP/HCP Covered Species List, April 2023
Common Name Scientific Name
American peregrine falcon Falco peregrinus anatum
Arboreal salamander Aneides lugubris
Arroyo toad Anaxyrus californicus
Blackbelly slender salamander Batrachoseps nigriventris Blochman's dudleya Dudleya blochmaniae ssp. blochmaniae Catalina mariposa lily Calochortus catalinae
Cliff spurge Euphorbia misera
Coast horned lizard Phrynosoma coronatum blainvillii
Coastal cactus wren Campylorhynchus brunneicapillus cousei Coastal California gnatcatcher Polioptila californica californica Coastal western whiptail Aspidoscelis tigris stejnegeri Coronado Island skink Plestiodon skiltonianus interparietalis Coulter's matillija poppy Romneya coulter!
Coyote Canis latrans
Golden eagle Aquila chrysaetos
Gray fox L/rocyon cinereoargentus
Heart-leaved pitcher sage Lepechinia cardiophylla
Intermediate mariposa lily Calochortus weedii var. intermedius Laguna Beach dudleya Dudleya stolonifera
Least Bell’s vireo Vireo bellii pusillus
Northern harrier Circus cyaneus
Nuttall's scrub oak Quercus dumosa
Orangethroat whiptail Aspidoscelis hyperythra
Pacific pocket mouse Perognathus longimembris pacificus Palmer's grapplinghook Harpagonella palmeri
Prairie falcon Falco mexicanus
Quino checkerspot butterfly Euphydryas editha quino
Red-diamond rattlesnake Crotalus ruber
Red-shouldered hawk Buteo lineatus
Riverside fairy shrimp Streptocephalus woottoni
Rosy boa Charina trivirgata
Rough-legged hawk Buteo lagopus
San Bernardino ringneck snake Diadophis punctatus modestus 1 224 of 262
Common Name Scientific Name
San Diego desert woodrat
San Diego fairy shrimp
Santa Monica dudleya
Scrub oak
Sharp-shinned hawk
Small-flowered mountain mahogany
Southern California rufous-crowned sparrow
Southwestern willow flycatcher
Tecate cypress
Western dichondra
Western spadefoot
Neotoma lepida intermedia
Branchinecta sandiegonensis
dudleya cymosa ssp. ovatifolia
Quercus berberidifolia
Accipiter striatus
Cercocarpus minutiflorus
Aimophila ruficeps canescens
Empidonax traillii extimus
Hesperocyparis forbesii
Dichondra occidentalis
Spea hammondii
2 Common Name Scientific Name
San Diego desert woodrat Neotoma lepida intermedia
San Diego fairy shrimp Branchinecta sandiegonensis
Santa Monica dudleya dudleya cymosa ssp. ovatifolia
Scrub oak Quercus berberidifolia
Sharp-shinned hawk Accipiter striatus
Small-flowered mountain mahogany Cercocarpus minutiflorus Southern California rufous-crowned sparrow Aimophila ruficeps canescens Southwestern willow flycatcher Empidonax traillii extimus Tecate cypress Hesperocyparis forbesii
Western dichondra Dichondra occidentalis
Western spadefoot Spea hammondii
2 225 of 262

EXHIBIT EXHIBIT D D
226 of 262
Walker Avenue Nursery 2024
Catalogue of California Wetland and Riparian Plants
Acer negundo (cn) California Box Elder
Deciduous species of maple tree. Riparian tree tolerant to all weather conditons. Great shade tree. CA native.

Grows 10-15' tall. Keep moist. Fast growing.

Habit: Marginal Bloom Color: pink Lighting: Sun or filtered USDA Zone: 2 Achillea millefolium (cn) Common Yarrow
Aromatic green fern-like foliage with long lasting clusters of white flowers. Attracts butterflies.

Medicinal uses. Hardy. CA native.

Wide spreading. Can be mowed. Tolerates drought. Prefers sandy soil. Grows 2-3' tall.

Habit: Marginal Bloom Color: white Lighting: Full-Sun USDA Zone: 3 Achillea millefolium 'Paprika' Paprika Yarrow
Aromatic green fern-like foliage with long lasting clusters of red flowers. Attracts butterflies.

Wide spreading. Can be mowed. Tolerates drought. Prefers sandy soil. Grows 2-3' tall.

Habit: Marginal Bloom Color: red Lighting: Full-Sun USDA Zone: 3 Acorus calamus (cn)
Hardy wetland plant with sword-shaped green leaves. Medicinal plant. Edible. CA native.

Calamus
Grows 3' height. Moist soil to 6" below water surface. Good watershed filter. Withstands frost.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 3 Alisma plantago-aquatica (cn) Water Plantain
Elongated green leaves. White flowers grow on a branching, long stem. Medicinal qualities.

Edible. CA native.

Must be wet at all times to stay green; summer dormant without water. Grows to 3' tall.

Habit: Bog Bloom Color: white Lighting: Full-Sun USDA Zone: 6 Alnus rubra (cn) Red Alder
Fast growing coastal wetland tree. Red flowers, grayish-brown bark. Good for erosion contraol.

CA native.

Grows to 75' tall. Salt tolerant. High nitrogen fixer.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 7 Anemopsis californica (cn) Yerba Mansa
Conic white flowers and bluish-tinged leaves. Medicinal herb. Excellent for marsh plantings and pond edges. Good in hot and cold climates. CA native.

Tolerates brackish water. Clumping groundcover. Grows 12" tall, 2-3' wide. Winter dormant.

Habit: Bog Bloom Color: white Lighting: Full-Sun USDA Zone: 4 www.WalkerAvenueNursety.corn [email protected] fax 707.341.5125 Page 1 of 13 Walker Avenue Nursery 2024
Catalogue ofNative California Wetland 3nd Riparian Plants Acer negundo fen) California Box Elder
Deciduous species of maple tree. Riparian tree tolerant to all weather conditons. Great shade tree. CA native.

Grows 10-15' tall. Keep moist. Fast growing.

Habit: Marginal Bloom Color: pink Lighting: Sun or filtered USDA Zone: 2 Achillea millefolium (cn)
Aromatic green fern-like foliage with long lasting clusters Common Yarrow
of white flowers. Attracts butterflies.

Medicinal uses. Hardy. CA native.

Wide spreading. Can be mowed. Tolerates drought. Prefers sandy soil. Grows Habit: Marginal Bloom Color: white Lighting: Full-Sun
2-3'tall.

USDA Zone: 3
Achillea millefolium 'Paprika' Paprika Yarrow
Aromatic green fern-like foliage with long lasting clusters of red flowers. Attracts butterflies.

Wide spreading. Can be mowed. Tolerates drought. Prefers sandy soil. Grows 2-3' tall.

Habit: Marginal Bloom Color: red Lighting: Full-Sun USDA Zone: 3 Acorus calamus (cn} Calamus
Hardy wetland plant with sword-shaped green leaves. Medicinal plant. Edible. CA native.

Grows 3' height. Moist soil to 6" below water surface. Good watershed filter. Withstands frost. Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 3 Alisma plantago-aquatica (cn}
Elongated green leaves. White flowers grow on a branching, long stem.

Water Plantain
Medicinal qualities.

Edible. CA native.

Must be wet at all times to stay green; summer dormant without water.

Habit: Bog Bloom Color: white Lighting: Full-Sun
Grows to 3' tall.

USDA Zone: 6
Alnus rubra (cn) RedAlder
Fast growing coastal wetland tree. Red flowers, grayish-brown bark. Good for erosion contraol.

CA native.

Grows to 75' tall. Salt tolerant. High nitrogen fixer.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 7 Anemopsis californica (cn} Yerba Mansa
Conic white flowers and bluish-tinged leaves. Medicinal herb. Excellent for marsh plantings and pond edges. Good in hot and cold climates. CA native. Tolerates brackish water. Clumping groundcover. Grows 12" tall, 2-3' wide. Winter dormant.

Habit: Bog Bloom Color: white Lighting: Full-Sun USDA Zone: 4 www. WalkerAvenueNursery.com [email protected] fax 707.341.5125 Page 1 of 13 227 of 262
Walker Avenue Nursery 2024
Catalogue of Native California Wetland and Riparian Plants Apocynum cannabinum (cn) Indian Hemp (Dogbane)
Wild meadow plant with small white flowers in summer. Used by Native Americans for rope. CA native.

Fast growing. Grows to 3' tall. Very moist to dry soil.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone: 4 Arisaema triphyllum Jack-in-the-Pulpit
Excellent woodland garden plant. Green and white striped hood conceals a 'jack' covered in purple flowers. CA native.

Shade. Seasonally wet, moist soil. Grows to 2' tall.

Habit: Landscape Bloom Color: Lighting: USDA Zone:

Artemisia douglasiana (cn) Mugwort
Attractive fragrant foliage with history of medicinal uses. Leaves are green on top, silvery beneath. Indistinct flower. Good for birds. CA native.

Grows to 3' tall. Keep moist.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone: 6a Asclepias fascicularis (cn) Narrowleaf Milkweed
Elegant, narrow leaves, bushy, clusters of rosy-pink flowers. Butterfly food, attracts pollinators.

Deer tolerant. CA native.

Tolerates moist soil & drought, garden & clay. Grows 1-3' tall. Easy to grow. Dormant in winter.

Habit: Landscape Bloom Color: rosy-pink Lighting: Sun or filtered USDA Zone: 3 Asclepias speciosa (cn) Showy Milkweed
Flower clusters 4-5", pink-lavender, fragrant. Large blue-green leaves. Low toxicity. Attrachs butterflies, honeybees, other pollinators. CA native.

Prefers moist soil but tolerates drought. Grows 2-3' tall. Dormant in winter.

Habit: Marginal Bloom Color: pink-lavender Lighting: Full-Sun USDA Zone: 3 Aster chilensis (cn) California Aster
Vigorous native perennial covered with soft lavender daisies in summer. Attract butterflies. CA native.

Sprawling to upright. Grows 20-40" tall. Tolerate heavy watering and drought. Prune in winter.

Habit: Marginal Bloom Color: lavender blue Lighting: Full-Sun USDA Zone:

Baccharis glutinosa (cn) Marsh Baccharis
Grows in salt marshes. Good nectar source. Green-brown stems and silver-green foliage, white flowers. CA native.

Grows to 3' tall. Keep moist.

Habit: Bog Bloom Color: white Lighting: Full-Sun USDA Zone:
www.WalkerAvenueNursery.com [email protected] fax 707.341.5125 Page 2 of 13 Walker Avenue Nursery 2024
Catalogue ofNative California Wetlan4 and Riparian Plants Apocynum cannabinum (cn) Indian Hemp (Dogbane)
Wild meadow plant with small white flowers in summer. Used by Native Americans for rope. CA native.

Fast growing. Grows to 3' tall. Very moist to dry soil.

Habit: Marginal Bloom Color: white
Arisaema triphyllum
Lighting: Sun or filtered USDA Zone: 4
Jack-in-the-Pulpit
Excellent woodland garden plant. Green and white striped hood conceals a 'jack' covered in purple flowers. CA native.

Shade. Seasonally wet, moist soil. Grows to 2' tall.

Habit: Landscape Bloom Color: Lighting: USDA Zone:

Artemisia douglasiana (cn) Mugwort
Attractive fragrant foliage with history of medicinal uses. Leaves are green on top, silvery beneath. Indistinct flower. Good for birds. CA native.

Grows to 3' tall. Keep moist.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone: 6a Asdepiasfascicularis (cn) Narrowleaf Milkweed
Elegant, narrow leaves, bushy, clusters of rosy-pink flowers. Butterfly food, attracts pollinators.

Deer tolerant. CA native.

Tolerates moist soil & drought, garden & clay. Grows 1-3' tall. Easy to grow. Dormant in winter.

Habit: Landscape Bloom Color: rosy-pink Lighting: Sun or filtered USDA Zone: 3 Asdepias spedosa (cn) Showy Milkweed
Flower clusters 4-5", pink-lavender, fragrant. Large blue-green leaves. Low toxicity. Attrachs butterflies, honeybees, other pollinators. CA native.

Prefers moist soil but tolerates drought. Grows 2-3' tall. Dormant in winter.

Habit: Marginal Bloom Color: pink-lavender Lighting: Full-Sun Aster chilensis (cn)
USDA Zone: 3
California Aster
Vigorous native perennial covered with soft lavender daisies in summer. Attract butterflies. CA native.

Sprawling to upright. Grows 20-40" tall. Tolerate heavy watering and drought. Prune in winter.

Habit: Marginal Bloom Color: lavender blue Lighting: Full-Sun USDA Zone.

Baccharis glutinosa (cn) Marsh Baccharis
Grows in salt marshes. Good nectar source. Green-brown stems and silver-green foliage, white flowers. CA native.

Grows to 3' tall. Keep moist.

Habit: Bog Bloom Color: white Lighting: Full-Sun USDA Zone:
www. WalkerAvenueNursery. com orders@walkeravenuenursery. com fax 707.341.5125 Page 2 of 13 228 of 262
Walker Avenue Nursery 2024
Catalogue of Native California Wetlanci anci Riparian Plants Bolboschoenus maritimus (cn) Seaside Bulrush
Salt tolerant bulrush. Upright green stems. Ecologically important as wind & current buffer, reducing erosion. Provides wildlife habitat. CA native.

Grows to 5' tall. Prefers partial submersion or bog.

Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone: 5 Caltha palustris (cn) Marsh Marigold
Large round leaf, buttercup yellow flowers, first to bloom in spring. Found along streams, marshes. Attracts insects.CA native.

Clumping Grows to 8-12" height. Prefers filtered sun and moist soil. May be summer dormant.

Habit: Bog Bloom Color: golden yellow Lighting: Sun or filtered USDA Zone: 3 Calycanthus occidentalis (cn) Western Spice Bush
Deciduous shrub with bright green foliage, red flowers with scent of wine. Grows along streams & rivers. CA native.

Likes heat. Keep moist. Grows 5-12' tall. Can be pruned as hedge or small tree.

Habit: Marginal Bloom Color: red Lighting: Sun or filtered USDA Zone:

Carex amplifolia (cn) Bigleaf Sedge
Western native sedge with impressively large leaves and tall flowering spikes. Found in swampy meadows. CA native.

Tolerates seasonal flooding. Keep moist. Grows to 4' tall.

Habit: Bog Bloom Color: black Lighting: Sun or filtered USDA Zone:

Carex aquatilis (cn) Water Sedge
Sod-forming perennial sedge that stays green late into the summer. Good forage. CA native.

Requires saturated soil. Young plants can be submerged to 2" until established. Grows 6-40" tall.

Habit: Bog
Carex densa (cn)
Bloom Color: black Lighting: Sun or filtered USDA Zone:

Dense Sedge
Semi-everygreen sedge for moist meadows and woodlands. Forms small clumps. CA native.

Stays green with regular moisture. Can be slightly submerged. Grows to 1-2' tall.

Habit: Bog Bloom Color: black
Carex nigra (cn)
Lighting: Sun or filtered USDA Zone:

Black Sedge
Dark blue-green to blue-gray foliage. Small clumping weeping sedge. Evergreen. CA native.

Grows 6"-10" tall, 1'-2- wide. Keep moist.

Habit: Bog Bloom Color: Lighting: Part-Sun USDA Zone:
www.WalkerAvenueNursety.corn [email protected] fax 707.341.5125 Page 3 of 13 Walker Avenue Nursery 2024
Catalogue ofNative California Wetland and Riparian Plants Bolboschoenus maritimus (cn)
Salt tolerant bulrush. Upright green stems.

Seaside Bulrush
Ecologically important as wind & current buffer,
reducing erosion. Provides wildlife habitat. CA native.

Grows to 5' tall. Prefers partial submersion or bog.

Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone: 5 Caltha palustris (cn) Marsh Mari8°ld
Large round leaf, buttercup yellow flowers, first to bloom in spring. Found along streams, marshes. Attracts insects.CA native.

Clumping Grows to 8-12" height. Prefers filtered sun and moist soil. May be summer dormant.

Habit: Bog Bloom Color: golden yellow Lighting: Sun or filtered USDA Zone. 3 Calycanthus occidentalis (cn) Western Spice Bush
Deciduous shrub with bright green foliage, red flowers with scent of wine. Grows along streams & rivers. CA native.

Likes heat. Keep moist. Grows 5-12' tall. Can be pruned as hedge or small tree.

Habit: Marginal Bloom Color: red Lighting: Sun or filtered USDA Zone.

Carex amplifolia (cn) Bigleaf Sedge
Western native sedge with impressively large leaves and tall flowering spikes. Found in swampy meadows. CA native.

Tolerates seasonal flooding. Keep moist. Grows to 4' tall.

Habit: Bog Bloom Color: black Lighting: Sun or filtered USDA Zone:

Carex aquatilis (cn) Water Sedge
Sod-forming perennial sedge that stays green late into the summer. Good forage. CA native.

Requires saturated soil. Young plants can be submerged to 2" until established. Grows 6-40" tall.

Habit: Bog Bloom Color: black Lighting: Sun or filtered USDA Zone.

Carex densa (cn) Dense Sedge
Semi-everygreen sedge for moist meadows and woodlands. Forms small clumps. CA native.

Stays green with regular moisture. Can be slightly submerged. Grows to 1-2 tall.

Habit: Bog Bloom Color: black Lighting: Sun or filtered USDA Zone.

Carex nigra (cn) Black Sedge
Dark blue-green to blue-gray foliage. Small clumping weeping sedge. Evergreen. CA native.

Grows 6"-10" tall, l'-2- wide. Keep moist.

Habit: Bog Bloom Color: Lighting: Part-Sun USDA Zone:
www. WalkerAvenueNursery.com [email protected] fax 707.341.5125 Page 3 of 13 229 of 262
Walker Avenue Nursery 2024
Catalogue of Native California Wetlanct and Riparian Plants Carex nudata (cn) Black Flowering (Naked) Sedge
Bright green dense mounding sedge. Black flowers. Dies back in winter. Good for containers. CA native.

Can be partially submerged. Grows 1-2.5' tall. Keep moist.

Habit: Bog Bloom Color: black Lighting: Sun or filtered USDA Zone:

Carex obnupta (cn)
Grass-like foliage with wheat-like tops, flat dark green leaves. CA native.

Tall clumping grass-like plant grows in moist boggy conditions. Height 2'-3'.

Habit: Bog Bloom Color: black Lighting: Full-Sun
Slough Sedge
USDA Zone:

Cephalanthus occidentalis Buttonbush
Deciduous shrub good for rain gardens, attracts bees and butterflies. Perfectly round white-pink fragrant flowers, interesting year round. CA native.

Adjust to most moist soils. Grows 5-12' tall, 4-8' spread.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone: 5 Cornus sericea occidentalis (cn) Western Redtwig Dogwood Riparian shrub, forming broad clumps with red stems. Small white flower and fruit. Good for birds. CA native.

Grows 15-18' tall. Prefers wetland margins. Good restoration plant. Do not submerge.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone: 5 Darmera peltata (cn) Indian Rhubarb
Clumps of broad, round leaves with pink flower spikes. Good for pond margins and marsh gardens. Native to mountains of N. CA.

Grows 2'-4' tall. Prefers cooler location. Keep moist, protect from direct sun.

Habit: Bog Bloom Color: pink Lighting: Part-Sun USDA Zone: 5 Eleocharis macrostachya (cn) Common Spike Rush
Perennial rush-like sedge found in moist habits. Bright green erect stems. Habitat plant. Good rain garden and border plant. CA native.

Grows to 3' tall. Keep moist. Salt tolerant. Can be slightly submerged.

Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone:

Epipactus gigantea 'Serpentine Night' Stream Orchid 'Serpentine Night' (cn)
Small terrestrial orchid with spike of greenish-pink flowers, dark burgandy leaves and stems.

Flowers in spring. CA native.

Keep moist and protected from direct sun. Grows 12"-30" tall, 6" wide. Spred 4"-6".

Habit: Bog Bloom Color: green-pink Lighting: Shade USDA Zone:
www.WalkerAvenueNursery.corn [email protected] fax 707.341.5125 Page 4 of 13 Walker Avenue Nursery 2024
Catalogue of Native California Wetland and Kiparian Plants Carex nudata (cn) Black Flowering (Naked) Sedge
Bright green dense mounding sedge. Black flowers. Dies back in winter. Good for containers. CA native.

Can be partially submerged. Grows 1-2.5' tall. Keep moist.

Habit: Bog Bloom Color: black Lighting: Sun or filtered USDA Zone:

Carex obnupta (cn) Slough Sedge
Grass-like foliage with wheat-like tops, flat dark green leaves. CA native.

Tall clumping grass-like plant grows in moist boggy conditions. Height 2 -3 .

Habit: Bog Bloom Color: black Lighting: Full-Sun
Cephalanthus occidentalis
Deciduous shrub good for rain gardens, attracts bees and butterflies. Perfectly fragrant flowers, interesting year round. CA native.

Adjust to most moist soils. Grows 5-12' tall, 4-8' spread.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone:

Buttonbush
round white-pink
USDA Zone: 5
Cornus sericea occidentalis (cn) Western Redtwig Dogwood Riparian shrub, forming broad clumps with red stems. Small white flower and fruit. Good for birds. CA native.

Grows 15-18' tall. Prefers wetland margins. Good restoration plant. Do not submerge.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone. 5 Darmera peltata (cn)
Clumps of broad, round leaves with pink flower spikes.

Indian Rhubarb
Good for pond margins and marsh
gardens. Native to mountains of N. CA.

Grows 2'-4' tall. Prefers cooler location. Keep moist, protect from direct sun.

Grows to 3' tall. Keep moist. Salt tolerant. Can be slightly submerged.

Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone:

Epipactus gigantea 'Serpentine Night' Stream Orchid Serpentine Night (cn)
Small terrestrial orchid with spike of greenish-pink flowers, dark burgandy leaves and stems.

Flowers in spring. CA native.

Keep moist and protected from direct sun. Grows 12"-30" tall, 6" wide. Spred 4"-6".

Habit: Bog Bloom Color: green-pink Lighting: Shade USDA Zone:
www. WalkerAvenueNursery. com [email protected] fax 707.341.5125 Page 4 of 13 230 of 262
Walker Avenue Nursery 2024
Catalogue of Native California Wetland and Riparian Plants Epipactus gigantea (cn) Stream Orchid
Small terrestrial orchid with spike of greenish-pink flowers, dark green leaves and stems. Flowers in spring. CA native.

Keep moist and protected from direct sun. Grows 12"-30" tall, 6" wide. Spred 4"-6".

Habit: Bog Bloom Color: green-pink Lighting: Shade USDA Zone:

Equisetum arvense (cn) Field Horsetail Rush
Perennial fern with green hollow segmented stems. Sterile stems branch in regular whorls; fertile stems produce spores. Medicinal uses. CA native.

Grows 2-20" tall. Frost tolerant. Can be invasive.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 2 Equisetum hyemale (cn) Scouring Horsetail Rush
Ancient Fern with dark green hollow segmented stems, turns orange in cooler weather. Cone shaped spores at tips of single stems. CA native.

Grows to 3'. Prefers wet soil. Can be invasive.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 4 Equisetum telmateia (cn) Northern Great Horsetail
Perennial fern with green hollow segmented stems. Sterile stems branch in regular whorls; fertile stems produce spores. CA native.

Forms colonies. Prefers damp shady area. Can be invasive.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 5 Euthamia occidentalis (cn) Western Marsh Goldenrod
Spreading herbaceous perennial with tall branched stems, narrow gray-green leaves, golden blooms in fall. Pollinator plant. CA native.

Grows 3'-7' tall. Spreading. Prefers moist soil.

Habit: Marginal Bloom Color: gold-yellow Lighting: Full-Sun USDA Zone:

Fragaria vesca (cn)
Woodland groundcover with small white flowers and red berries. CA native.

Wood Strawberry
Prefers moist soil. Groundcover.

Habit: Marginal Bloom Color: white Lighting: Part-Sun USDA Zone:

Grindelia stricta (cn) Salt Marsh Gumweed
Erect perennial or subshrub with bright yellow flowers. Easy to grow and vigorous. Attracts butterflies. CA native.

Grows to 3' tall. Tolerates seasonal flooding, salt. Deer resistant.

Habit: Marginal Bloom Color: yellow Lighting: Sun or filtered USDA Zone: 7a www.WalkerAvenueNursery.corn [email protected] fax 707.341.5125 Page 5 of 13 Walker Avenue Nursery 2024
Catalogue ofNative California Wetland and Riparian Plants Epipactus gigantea (cn)
Small terrestrial orchid with spike of greenish-pink flowers, dark green Stream Orchid
leaves and stems. Flowers
in spring. CA native.

Keep moist n
and protected from direct sun. Grows 12"-30" tall, 6" wide. Spred 4 -6 .

Habit: Bog Bloom Color: green-pink Lighting: Shade USDA Zone.

Equisetum arvense (cn) Field Horsetail Rush
Perennial fern with green hollow segmented stems. Sterile stems branch in regular whorls; fertile stems produce spores. Medicinal uses. CA native.

Grows 2-20" tall. Frost tolerant. Can be invasive.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone: 2 Equisetum hyemaie (cn) Scouring Horsetail Rush
Ancient Fern with dark green hollow segmented stems, turns orange in cooler weather. Cone shaped spores at tips of single stems. CA native.

Grows to 3'. Prefers wet soil. Can be invasive.

Forms colonies. Prefers damp shady area. Can be invasive.

Grows 3'-7' tall. Spreading. Prefers moist soil.

Habit: Marginal Bloom Color: gold-yellow Lighting: Full-Sun USDA Zone.

Fragaria vesca (cn) Wood Strawberry
Woodland groundcover with small white flowers and red berries. CA native.

Prefers moist soil. Groundcover.

Habit: Marginal Bloom Color: white Lighting: Part-Sun USDA Zone:

Grindelia stricta (cn) Salt Marsh Gumweed
Erect perennial or subshrub with bright yellow flowers. Easy to grow and vigorous. Attracts butterflies. CA native.

Grows to 3' tall. Tolerates seasonal flooding, salt. Deer resistant.

Habit: Marginal Bloom Color: yellow Lighting: Sun or filtered USDA Zone. 7a www. WalkerAvenueNursery.com [email protected] fax 707.341.5125 Page 5 of 13 231 of 262
Waiker Avenue Nursery 2024
Catalogue of Native California Wetlanct and Riparian Plants Grindelia stricta var stricta (cn) Coastal Gumweed
Fast-growing perennial groundcover. Bright yellow flowers. Found in tidal flats, marshes, dunes, seabluffs. Attracts butterflies. CA native.

Spreads 2-3' along ground. Tolerates seasonal flooding. Not frost tolerate.

Habit: Marginal Bloom Color: yellow Lighting: Sun or filtered USDA Zone:

Helenium autumnale (cn) Common Sneezeweed
Large bright yellow daisies on 2-3 ft. stems. Lance-shaped green leaves. Attracts pollinators.

Does not cause hayfever! CA native.

Keep moist. Grows 2-3' tall.

Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone:

Helenium bigelovii (cn) Bigelow's Sneezeweed
Golden daisy like flowers, round dome center on 2-3 ft. stems. Lance-shaped green leaves.

Attracts pollinators. Does not cause hayfever! CA native.

Keep moist. Grows 2-3' tall.

Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone:

Helenium puberulum (cn) Rosilla Sneezeweed
Golden very small petals which quickly disappear to leave spherical center. Attracts pollinators.

Does not cause hayfever! CA native.

Keep moist. Grows 2-3' tall.

Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone:

Hibiscus californicus syn. lasiocarpus California Hibiscus (cn)
Wetland hibiscus native to Sacramento River Delta. Fuzzy green leaves and broad white flowers.

Dormant in winter. Rare CA native.

Grows 3' tall. Prefers part shade and moist soil. Tolerates clay.

Habit: Bog Bloom Color: white Lighting: Part-Sun USDA Zone: 4 Hippuris vulgaris (cn) Mare's Tail
Creeping perennial herb that roots underwater. Narrow pine-tree like foliage grows above water surface. Ideal as oxygenator. CA native.

Can be submerged to 12". Grows to height of 24" above water surface.

Habit: Emerging Bloom Color: Lighting: Sun or filtered USDA Zone: 4 Hydrocotyle ranunculoides (cn) Floating Marsh Pennywort Bright green aromatic marsh plant. Long creeping stems form dense mats. Shiny, leathery round leaves. Used as a Chinese herb. CA native.

Grows in swampy areas or on water surface. 2-6" above water surface. Can be submerged.

Habit: Bog Bloom Color: white Lighting: Sun or filtered USDA Zone:
www.WalkerAvenueNursery.corn [email protected] fax 707.341.5125 Page 6 of 13 Walker Avenue Nursery 2024
Catalogue ofNative California Wetland and Riparian Plants Grindelia stricta var stricta (cn) CoastaIGumweed
Fast-growing perennial groundcover. Bright yellow flowers. Found in tidal flats, marshes, dunes, seabluffs. Attracts butterflies. CA native.

Spreads 2-3' along ground. Tolerates seasonal flooding. Not frost tolerate.

Habit: Marginal Bloom Color: yellow Lighting: Sun or filtered USDA Zone Helenium autumnale (cn) Common Sneezeweed
Large bright yellow daisies on 2-3 ft. stems. Lance-shaped green leaves. Attracts pollinators.

Does not cause hayfever! CA native.

Keep moist. Grows 2-3' tall.

Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone:

Helenium bigelovii (cn) Bigelow's Sneezeweed
Golden daisy like flowers, round dome center on 2-3 ft. stems. Lance-shaped green leaves.

Attracts pollinators. Does not cause hayfever! CA native.

Keep moist. Grows 2-3' tall.

Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone:

Helenium puberulum (cn) Rosilla Sneezeweed
Golden very small petals which quickly disappear to leave spherical center. Attracts pollinators.

Does not cause hayfever! CA native.

Keep moist. Grows 2-3' tall.

Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone:

Hibiscus californicus syn. lasiocarpus California Hibiscus (cn)
Wetland hibiscus native to Sacramento River Delta. Fuzzy green leaves and broad white flowers.

Dormant in winter. Rare CA native.

Grows 3' tall. Prefers part shade and moist soil. Tolerates clay.

Habit: Bog Bloom Color: white Lighting: Part-Sun USDA Zone: 4 Hippuris vulgaris (cn) Mare s Tail
Creeping perennial herb that roots underwater. Narrow pine-tree like foliage grows above water surface. Ideal as oxygenator. CA native.

Can be submerged to 12". Grows to height of 24 above water surface.

Habit: Bog Bloom Color: white Lighting: Sun or filtered USDA Zone:
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Walker Avenue Nursery 2024
Catalogue of Native California Wetland and Riparian Plants Hydrocotyle verticillata (cn) Little Umbrellas Pennywort Creeping plant with round, deep green, umbrella-like foliage and umbel of white flowers. CA native.

Boggy moist soil to full submersion. Grows 2-3" in height.

Habit: Bog Bloom Color: white Lighting: Sun or filtered USDA Zone; Iris douglasiana (cn)
Vigorous clumping iris with arching evergreen leaves. Non-bearded. CA native.

Douglas Iris
Grows 18"-36" tall. Will tolerate some drought.

Habit: Marginal Bloom Color: lavender-blue Lighting: Sun or filtered USDA Zone:

Iris longipetala (cn) Coast Iris
Uncommon CA native restricted to swales and moist areas in coastal grasslands from San Francisco to Monterey. Bluish-green leaves. CA native.

Prefers moist soil. Clumping, Grows 20" tall.

Habit: Bog Bloom Color: lavender-blue Lighting: Sun or filtered USDA Zone: 3 Juncus balticus (cn) Baltic Rush
Riparian clumping rush with dark green, narrow stems, numerous rhizomes. Good erosion control. CA native.

Grows to 3' tall. Tolerates sand, clay, no drainage and seasonal flooding, and brackish water.

Habit: Bog Bloom Color: dark brown Lighting: Sun or filtered USDA Zone:

Juncus effusus pacificus 'Quartz Creek' Quartz Creek Soft Rush (cn)
Dark green foliage with seedy flower clumps in spring. Evergreen with round stems & brown flowers in summer. Drought tolerant. CA native.

Grows 18"-30" tall. Keep soil moist. Clumping. Can be partially submerged.

Habit: Bog Bloom Color: dark brown Lighting: Sun or filtered USDA Zone:

Juncus lescurii (cn) Salt Rush
Dark green stemmed rush, grows in freshwater and salt marshes and near sand dunes. Can be found in clumps or single stems. CA native.

Grows 2'-3' tall. Keep soil moist. Clumping.

Habit: Bog Bloom Color: dark brown Lighting: Full-Sun USDA Zone:

Juncus patens (cn) California Gray Rush
Evergreen with blue-grey spines and brown seedy flower. Clumping. Native to U.S. west coast.

Clumping. CA native.

Tolerates most conditions. Can be submerged to 4". Sun for flowering. Height 18"-30".

Habit: Marginal Bloom Color: brown Lighting: Sun or filtered USDA Zone:
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Catalogue ofNative California Wetland and Riparian Plants Hydrocotyle verticillata (cn) Little Umbrellas Pennywort Creeping plant with round, deep green, umbrella-like foliage and umbel of white flowers. CA native.

Boggy moist soil to full submersion. Grows 2-3" in height.

Habit: Bog Bloom Color: white Lighting: Sun or filtered USDA Zone:

Iris douglasiana (cn) Douglas Iris
Vigorous clumping iris with arching evergreen leaves. Non-bearded. CA native.

Grows 18"-36" tall. Will tolerate some drought.

Habit: Marginal Bloom Color: lavender-blue Lighting: Sun or filtered USDA Zone:

Iris longipetala (cn) Coast Iris
Uncommon CA native restricted to swales and moist areas in coastal grasslands from San Francisco to Monterey. Bluish-green leaves. CA native.

Prefers moist soil. Clumping, Grows 20" tall.

Habit: Bog Bloom Color: lavender-blue Lighting: Sun or filtered USDA Zone: 3 Juncus balticus (cn)
Riparian clumping rush with dark green,
Baltic Rush
narrow stems, numerous rhizomes. Good erosion
control. CA native.

Grows to 3' tall. Tolerates sand, clay, no drainage and seasonal flooding, and brackish water.

Habit: Bog Bloom Color: dark brown Lighting: Sun or filtered USDA Zone:

Grows 18"-30" tall. Keep soil moist. Clumping. Can be partially submerged.

Habit: Bog Bloom Color: dark brown Lighting: Sun or filtered USDA Zone:

Juncus lescurii (cn)
Dark green stemmed rush, grows in freshwater and salt marshes found in clumps or single stems. CA native.

Salt Rush
and near sand dunes. Can be
Grows 2'-3' tall. Keep soil moist. Clumping.

Habit: Bog Bloom Color: dark brown Lighting: Full-Sun USDA Zone:

Juncus patens (cn) California Gray Rush
Evergreen with blue-grey spines and brown seedy flower. Clumping. Native to U.S. west coast.

Clumping. CA native.

Tolerates most conditions. Can be submerged to 4". Sun for flowering. Height 18"-30".

Habit: Marginal Bloom Color: brown Lighting: Sun or filtered USDA Zone. www. WatkerAvenueNursery.com [email protected] fax 707.341.5125 Page 7 of 13 233 of 262
Walker Avenue Nursery 2024
Catalogue of Native California We-flat-Kt and Riparian Plants Lemna minor (cn) Duckweed
Floating aquatic plant -one of the smallest of all flowering plants! Forms carpet of green on water surface. Good food source for wildlife. CA native.

Must be in water at all times.

Habit: Floating Bloom Color: Lighting: Full-Sun USDA Zone:

Lonicera involucrata (cn) Twinberry Honeysuckle
Riparian deciduous shrub with beautiful red, purple and yellow flowers followed by black shiny fruit, edible but bitter. CA native.

Keep moist. Grows 6-10' tall. Very shade tolerant.

Habit: Marginal Bloom Color: purple, red Lighting: Part-Sun USDA Zone: 4 Lupinus polyphyllus (cn) Stream Lupine
Perennial wet priairie plant with large clusters of purple flowers. Good pollinator plant for wetland garden. CA native.

Grows to 3'-5' tall, 2'-3' wide. Tolerates very wet soils.

Habit: Marginal Bloom Color: purple Lighting: Full-Sun USDA Zone: 4 Menyanthes trifoliata (cn) Bog Bean
Flowers stalks and leaves rise above water surface. Creeping rhizomes form colonies at pond edge. Star-shaped, hairy white flowers. CA native.

Prefers acidic, peaty soil. Grows to 12" tall. Submerge to 3".

Habit: Emerging Bloom Color: white Lighting: Sun or filtered USDA Zone: 3 Mimulus cardinalis (cn) Cardinal Monkeyflower
Robust perennial tubular red flowers attract hummingbirds and other pollinators. CA native.

Keep moist. Grows to 2' tall and wide. Trim after first bloom and will bloom again.

Habit: Marginal Bloom Color: red Lighting: Sun or filtered USDA Zone:

Mimulus guttatus (cn) Seep Monkey Flower
Riparian wildflower. Grows along streams. Forms mats of foliage topped with flowering stems of cheerful bright yellow tubular flowers. CA native.

Regular water to slightly submerged. Free flowering spring-summer. Grows from seed.

Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone: 6 Nasturtium officinale (cn)
Fast growing aquatic or semi-aquatic herb. Edible. CA native.

Water Cress
Keep moist. Can be partially submerged or used as ground cover.

Habit: Floating Bloom Color: white Lighting: Sun or filtered USDA Zone: 3 www.WalkerAvenueNursery.com orders@walkeravenuenursery. om fax 707.341.5125 Page 8 of 13 Walker Avenue Nursery 2024
Catalogue ofNative California Wetland and Riparian Plants Lemna minor (cn) Duckweed
Floating aquatic plant -one of the smallest of all flowering plants! Forms carpet of green on water surface. Good food source for wildlife. CA native.

Must be in water at all times.

Habit: Floating Bloom Color: Lighting: Full-Sun USDA Zone:

Lonicera involucrata (cn) Twinberry Honeysuckle
Riparian deciduous shrub with beautiful red, purple and yellow flowers followed by black shiny fruit, edible but bitter. CA native.

Keep moist. Grows 6-10' tall. Very shade tolerant.

Habit: Marginal Bloom Color: purple, red Lighting. Part-Sun USDA Zone: 4 Lupinus polyphyllus (cn) stream LuPine
Perennial wet priairie plant with large clusters of purple flowers. Good pollinator plant for wetland garden. CA native.

Grows to 3'-5' tall, 2'-3' wide. Tolerates very wet soils.

Prefers acidic, peaty soil. Grows to 12" tall. Submerge to 3 .

Keep moist. Grows to 2' tall and wide. Trim after first bloom and will bloom again.

Habit: Marginal Bloom Color: red Lighting: Sun or filtered USDA Zone.

Mimulus guttatus (cn) Seep Monkey Flower
Riparian wildflower. Grows along streams. Forms mats of foliage topped with flowering stems of cheerful bright yellow tubular flowers. CA native. Regular water to slightly submerged. Free flowering spring-summer. Grows from seed. Habit: Bog Bloom Color: yellow Lighting: Sun or filtered USDA Zone: 6 Nasturtium officinale (cn)
Fast growing aquatic or semi-aquatic herb. Edible. CA native.

Water Cress
Keep moist. Can be partially submerged or used as ground cover.

Habit: Floating Bloom Color: white Lighting: Sun or filtered USDA Zone. 3 yywvy. WalkerAvenueNursery.com [email protected] fax 707.341.5125 Page 8 of 13 234 of 262
Walker Avenue Nursery 2024
Catalogue of Native California Wetland and Riparian Plants Phyla nodiflora (cn) Texas Frog Fruit
Rambling ground cover. Tolerates drought and flooding. Soft green leaves, pinkish flowers.

Attracts butterflies. CA native.

Keep from frost. Usually found in wetlands. Sprawling.

Habit: Marginal Bloom Color: pink Lighting: Full-Sun USDA Zone:

Potentilla anserina (cn)
Yellow flowers in summer with serrated green foliage. CA native.

Low growing to 6" tall. Prefers boggy conditions. Spreads quickly by runners Habit: Bog Bloom Color: yellow Lighting: Full-Sun
Silverweed
USDA Zone:

Potentilla gracilis (cn) Fivefinger Marsh Cinquefoil
Multi-stemmed with dark gray-green leaves and silvery undersides. Flowers are pale to dark yellow. CA native.

Grows 1-2.5 ft. Intolerant of shade.

Habit: Marginal Bloom Color: yellow Lighting: Full-Sun USDA Zone:

Ranunculus flammula (cn) Creeping Buttercup
Shallow water plant. Creeping perennial, tiny yellow flowers, delicate foliage. Blooms throughout summer. Spread by runners. CA native.

Likes wet boggy soil. Grows to 1' height. Tolerates brackish water. Prefers cool climate.

Habit: Bog Bloom Color: yellow Lighting: Full-Sun USDA Zone:

Rhododendron occidentale (cn) Western Azalea
Deciduous shrub found in streambanks and moist areas. Fragrant flowers, white to pink with yellow-orange markings. Bright green foliage. CA native.

Needs light to bloom. Filtered shade. Acidic, moist soil; cool root zone. Slow-growing. 3-13' .

Habit: Marginal Bloom Color: white, pink, yell Lighting: Part-Sun USDA Zone:

Rosa californica (cn) California Wild Rose
Deciduous shrub with single fragrant pink blossoms and red fruits. Good living fence. CA native.

Keep moist. Grows 3-5' tall.

Habit: Marginal Bloom Color: pink Lighting: Full-Sun USDA Zone:

Rubus parviflorus Thimbleberry
Deciduous bramble with dense maple-like leaves and fragrant white flowers then scarlet berries.

Good hedgerow pollinator plant. CA native.

Grows 4'-8' tall. Dense. Prefers moist open sites, well drained soil, tolerates seasonal flooding.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone:
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Catalogue ofNative California Wetland an4 Riparian Plants Phyla nodiflora (cn) Texas Frog Fruit
Rambling ground cover. Tolerates drought and flooding. Soft green leaves, pinkish flowers.

Attracts butterflies. CA native.

Keep from frost. Usually found in wetlands. Sprawling.

Habit: Marginal Bloom Color: pink Lighting: Full-Sun USDA Zone:

Potentilla anserina (cn)
Yellow flowers in summer with serrated green foliage. CA native.

Silverweed
Low growing to 6" tall. Prefers boggy conditions. Spreads quickly by runners Habit: Bog Bloom Color: yellow Lighting: Full-Sun USDA Zone.

Potentilla gracilis (cn) Fivefinger Marsh Cinquefoil
Multi-stemmed with dark gray-green leaves and silvery undersides. Flowers are pale to dark yellow. CA native.

Grows 1-2.5 ft. Intolerant of shade.

Habit: Marginal Bloom Color: yellow Lighting: Full-Sun USDA Zone:

Ranunculus flammula (cn) Creeping Buttercup
Shallow water plant. Creeping perennial, tiny yellow flowers, delicate foliage. Blooms throughout summer. Spread by runners. CA native. Likes wet boggy soil. Grows to 1' height. Tolerates brackish water. Prefers cool climate.

Habit: Bog Bloom Color: yellow Lighting: Full-Sun USDA Zone.

Rhododendron occidentale (cn) Western Azalea
Deciduous shrub found in streambanks and moist areas. Fragrant flowers, white to pink with yellow-orange markings. Bright green foliage. CA native.

Needs light to bloom. Filtered shade. Acidic, moist soil; cool root zone. Slow-growing. 3-13 .

Habit: Marginal Bloom Color: white, pink, yell Lighting: Part-Sun USDA Zone.

Rosa californica (cn) California Wild Rose
Deciduous shrub with single fragrant pink blossoms and red fruits. Good living fence. CA native.

Keep moist. Grows 3-5' tall.

Habit: Marginal Bloom Color: pink Lighting: Full-Sun USDA Zone.

Rubus parvlflorus Thimbleberry
Deciduous bramble with dense maple-like leaves and fragrant white flowers then scarlet berries.

Good hedgerow pollinator plant. CA native. Grows 4'-8' tall. Dense. Prefers moist open sites, well drained soil, tolerates seasonal flooding.

Habit: Marginal Bloom Color: white Lighting: Sun or filtered USDA Zone:
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Walker Avenue Nursery 2024
Catalogue of Native California Wetland and Riparian Plants Rubus spectabilis Salmonberry
Deciduous bramble with pink flowers and raspberry-like fruits. Good hederow pollinator plant.

CA native.

Grows 3'-10' tall. Dense. Keep moist. Grows in streambanks, seasonal flooded areas, forest edge.

Habit: Marginal Bloom Color: pink Lighting: Sun or filtered USDA Zone:

Rubus ursinus (cn) California Blackberry
Native wild California blackberry. Evergreen. Excellent habitat plant. CA native.

Grows in patches up to 3' tall and 6' wide. Prefers moist soil but tolerates drought.

Habit: Bog Bloom Color: Lighting: Part-Sun USDA Zone:

Rudbeckia occidentalis Western Coneflower
Erect, clump-forming perernnial wildflower. Flower is a purplish brown cone ringed with yellow pollen. Great bee plant.

Grows 2'-6' tall. Keep moist. Drought tolerant when established.

Habit: Marginal Bloom Color: Lighting: Full-Sun USDA Zone:

Sagittaria cuneata (cn) Arum Leaf Arrowhead
Perennial marsh herb. Wide arrow shaped leaves, fleshy tuber like roots. Small white flowers grow on a single spike. CA native.

Grows best in calm, shallow water but can be submerged to 6". Height 1-2 ft. Dormant in winter.

Habit: Emerging Bloom Color: white Lighting: Sun or filtered USDA Zone:

Sagittaria latifolia (cn) Broadleaf Arrowhead
Perennial herb. Very narrow leaves in arrowhead shape. Marsh plant. Small white flowers grow on a single spike. CA native.

Grows best in calm, shallow water but can be submerged to 6". Height 1-2 ft. Dormant in winter.

Habit: Emerging Bloom Color: white Lighting: Sun or filtered USDA Zone:

Sagittaria montevidensis (cn) Giant Arrowhead
Aquatic freshwater herb found in shallow waters. Three white petal flowers with wine-red spots, grow on single stalk. CA native.

Grows best in calm, shallow water. Height 2'-3'. Hardy in mild winters. Can be submerged 12".

Habit: Emerging Bloom Color: white Lighting: Sun or filtered USDA Zone:

Salix exigua (cn) Sandbar Willow
Tall shrub with narrow silky-gray leaves and gray bark. Good nectar source. Used for wetland restoration. CA native.

Keep moist. Grows 4-15' tall.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone:
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Catalogue ofNative California Wetland and Riparian Plants Rubus spectabilis Salmonberry
Deciduous bramble with pink flowers and raspberry-like fruits. Good hederow pollinator plant.

CA native.

Grows 3'-10' tall. Dense. Keep moist. Grows ,
in streambanks, seasonal flooded areas, forest edge.

Habit: Marginal Bloom Color: pink
Rubus ursinus (cn)
Lighting: Sun or filtered USDA Zone:

California Blackberry
Native wild California blackberry. Evergreen. Excellent habitat plant. CA native.

Grows in patches up to 3' tall and 6' wide. Prefers moist soil but tolerates drought.

Habit: Bog Bloom Color: Lighting: Part-Sun USDA Zone:

Rudbeckia occidental* Western Coneflower
Erect, clump-forming perernnial wildflower. Flower is a purplish brown cone ringed with yellow pollen. Great bee plant.

Grows 2'-6' tall. Keep moist. Drought tolerant when established.

Habit: Marginal Bloom Color: Lighting: Full-Sun USDA Zone:

Sagittaria cuneata (cn)
Perennial marsh herb. Wide arrow
Arum Leaf Arrowhead
shaped leaves, fleshy tuber like roots. Small white flowers grow on a single spike. CA native. Grows best .
in calm, shallow water but can be submerged to 6". Height 1-2 ft. Dormant in winter. Habit: Emerging Bloom Color: white Lighting: Sun or filtered USDA Zone:

Sagittaria latifolia (cn) Broadleaf Arrowhead
Perennial herb. Very narrow leaves in arrowhead shape. Marsh plant. Small white flowers grow on a single spike. CA native. Grows best . .
in calm, shallow water but can be submerged to 6". Height 1-2 ft. Dormant in winter. Habit: Emerging Bloom Color: white Lighting: Sun or filtered USDA Zone:

Sagittaria montevidensis (cn)
Aquatic freshwater herb found in
Giant Arrowhead
shallow waters. Three white petal flowers with wine-red spots, grow on single stalk. CA native.

Grows best „
in calm, shallow water. Height 2'-3'. Hardy in mild winters. Can be submerged 12 .

Habit: Emerging Bloom Color: white Lighting: Sun or filtered USDA Zone:

Salix exlgua (cn) Sandbar Willow
Tall shrub with narrow silky-gray leaves and gray bark. Good nectar source. Used for wetland restoration. CA native.

Keep moist. Grows 4-15' tall.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone:
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Walker Avenue Nursery 2024
Catalogue of Native California Wetland and Riparian Plants Sambucus nigra ssp caerulea (cn) Blue Elderberry
Deciduous shrub or small tree. Grows along river and streams. Flat clusters of creamy yellow flowers then blue berries. CA native.

Grows 8-25' tall. Keep moist.

Habit: Marginal Bloom Color: creamy yellow Lighting: Sun or filtered USDA Zone:

Schoenoplectus acutus (cn) Giant Bulrush (Tule)
Thick, erect green stems. Ecologically important as wind & current buffer, reducing erosion.

Provides wildlife habitat. Used for baskets. CA native.

Grows to 3-10' tall. Prefers partial submersion or bog.

Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone: 3 Schoenoplectus americanus (cn) Three-Square Bulrush
Flowering rush with stiff three-angled stems. Food source for wildlife. CA native.

Keep moist. Grows to 2' tall.

Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone:

Scirpus cernuus (cn) Fiber Optic Grass
Bright green evergreen foilage with graceful, weeping stems. Good container plant. CA native.

Grows to 10"-14" tall. Prefers moist soil. Can be submerged to 2". Heat tolerant.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone:

Scrophularia californica (cn) Beeplant (Figwort)
Purplish-red new growth that turns green. Many small maroon-red flowers. Attracts pollinators.

CA native.

Forms large colonies in open spaces. Grows 2-3.5' tall.

Habit: Marginal Bloom Color: maroon-red Lighting: Full-Sun USDA Zone:

Sidalcea calycosa ssp. Rhizomata (cn) Point Reyes Checkerbloom Rare CA native groundcover for moist spots. Pink 1.5" blooms; round, glossy, scalloped leaves.

Vigorous. CA native.

May go dormant in drought conditions. Grows 6-12" tall.

Habit: Bog Bloom Color: pink Lighting: Sun or filtered USDA Zone: 9 Sisyrinchium bellum (cn) Blue Eyed Grass
Small clumping grass with iris-like leaves. Blue star flowers grow at tip of leaf. Evergreen. CA native.

Grows to 12" tall. Grows in wetlands and woodlands.

Habit: Marginal Bloom Color: blue Lighting: Sun or filtered USDA Zone:
www. WalkerA venueNursery. corn [email protected] fax 707.341.5125 Page 11 of 13 Walker Avenue Nursery 2024
Catalogue ofNative California Wetland and Riparian Plants Sambucus nigra ssp caerulea (cn) Blue Elderberry
Deciduous shrub or small tree. Grows along river and streams. Flat clusters of creamy yellow flowers then blue berries. CA native.

Grows 8-25' tall. Keep moist.

Habit: Marginal Bloom Color: creamy yellow Lighting: Sun or filtered USDA Zone:

Schoenoplectus acutus (cn) Gia"‘Bulrush <Tule>
Thick, erect green stems. Ecologically important as wind & current buffer, reducing erosion.

Provides wildlife habitat. Used for baskets. CA native.

Grows to 3-10' tall. Prefers partial submersion or bog. Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone: 3 Schoenoplectus americanus (cn) Three-Square Bulrush
Flowering rush with stiff three-angled stems. Food source for wildlife. CA native.

Keep moist. Grows to 2' tall.

Habit: Bog Bloom Color: Lighting: Full-Sun USDA Zone:
/ i
Scirpus cernuus (cn) Fiber Optic Grass
.

Bright green evergreen foilage with graceful, weeping stems. Good container plant. CA native.

Grows to 10"-14" tall. Prefers moist soil. Can be submerged to 2". Heat tolerant.

Habit: Bog Bloom Color: Lighting: Sun or filtered USDA Zone:

Scrophularia californica (cn) BeePlant <Fi8wort>
Purplish-red new growth that turns green. Many small maroon-red flowers. Attracts pollinators.

CA native.

Forms large colonies in open spaces. Grows 2-3.5 tall.

Habit: Marginal Bloom Color: maroon-red Lighting: Full-Sun USDA Zone:

Sidalcea calycosa ssp. Rhizomata (cn) Point Reyes Checkerbloom Rare CA native groundcover for moist spots. Pink 1.5" blooms; round, glossy, scalloped leaves.

Vigorous. CA native.

May go dormant in drought conditions. Grows 6-12" tall.

Habit: Bog Bloom Color: pink Lighting: Sun or filtered USDA Zone: 9 Sisyrinchium bellum (cn) B'ue Grass
Small clumping grass with iris-like leaves. Blue star flowers grow at tip of leaf. Evergreen. CA native.

Grows to 12" tall. Grows in wetlands and woodlands.

Habit: Marginal Bloom Color: blue Lighting: Sun or filtered USDA Zone:
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Walker Avenue Nursery 2024
Catalogue of Native California Wetland anci Riparian Plants Sisyrinchium californicum (cn) Yellow Eyed Grass
Small clumping grass with iris-like leaves. Yellow star flowers grow at tip of leaf. CA native.

Grows to 8" tall. Prefers moist soil. California native.

Habit: Marginal Bloom Color: yellow Lighting: Full-Sun USDA Zone:

Symphoricarpos albus v. laevigatus Snowberry
(cn)
Deciduous shrub with clusters of pinkish flowers then white berries. Understory plant, good bird habitat. CA native.

Grows 4' tall and spreading. Prefers part shade. Tolerates very moist and dry soil.

Habit: Marginal Bloom Color: pink, white Lighting: Part-Sun USDA Zone:

Tellima grandiflora (cn) Fringe Cups
Mounds of soft foliage with many small flowers blooming green and changing to pink. CA native.

Clumping shade plant. Grows 18-24" tall. Tolerates very moist to dry soils.

Habit: Marginal Bloom Color: green, pink Lighting: Shade USDA Zone:

Typha domingensis (cn) Southern Cattail Rush (Cumbungi) Aquatic perennial with long narrow leaves and catkins. Spreads by rhizome. Moderately salt tolerant. Edible. Invasive. CA native.

Grows 4'-12' tall. Moist soil or partially submerged. Good filtration plant. Invasive.

Habit: Emerging Bloom Color: Lighting: Part-Sun USDA Zone:

Typha latifolia (cn) Common Cattail Rush (Cumbungi)
Narrow-leafed tall plant with velvety brown flower head. Classic pond plant. Good bird habitat.

CA native.

Submerge. Dies back in winter. Likes brackish water. Grows 4'-8' tall.

Habit: Emerging Bloom Color: Lighting: Full-Sun USDA Zone: 4 Verbena lasiostachys Western Vervain
Sprawling perennial sub-shrub with a long blooming period of purple-blue flower spikes. Good pollinator plant and for erosion control. CA native.

Grows 2'-3' tall, 4'-5' wide. Can be aggressive grower. Tolerates seasonal flooding.

Habit: Marginal Bloom Color: purple-blue Lighting: Full-Sun USDA Zone:

Veronica americana (cn) American Speedwell
Dense patches of leafy stems with blue flowers. Perennial. Found in shallow water, vernal pools, swamps. Edible--like watercress. CA native.

Grows 4" tall, spreads 3'. Tolerates sandy and clay soils, cold, submergence. Spreads by seed.

Habit: Bog Bloom Color: blue Lighting: Sun or filtered USDA Zone:
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Catalogue of Native California Wetland 3nd Kiparian Plants Sisyrinchium californicum (cn) Yellow Eyed Grass
Small clumping grass with iris-like leaves. Yellow star flowers grow at tip of leaf. CA native.