RECORDING REQUESTED BY:
CITY OF LAGUNA BEACH
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF LAGUNA BEACH
505 FOREST AVENUE
LAGUNA BEACH, CA 92651
No fee due per Gov. Code § 27383
THIS SPACE RESERVED FOR RECORDING
DEED RESTRICTION AND AGREEMENT REGARDING THE USE OF
PROPERTY
This Deed Restriction And Agreement Regarding The Use Of Property (“Deed Restriction and Agreement”) is made this day of April, 2026 by the City of Laguna Beach (“Owner”) with respect to certain real property, title to which is held by Owner, consisting of the following onsite and off-site areas:
On-Site Mitigation Area is generally located adjacent to the Laguna Canyon Road, the Laguna Beach Animal Shelter and the Pacific Marine Mammal Center within Laguna Canyon, at 20612 Laguna Canyon Road, Laguna Beach, California, 92651. More specifically, the On-Site Mitigation Area is within Section 7, Township 7 South, and Range 8 West of the Laguna Beach, California United States Geological Survey 7.5- minute quadrangle, north of State Route (SR) 1 (Coast Highway), south of SR 73, and directly east of Laguna Canyon Road (SR 133), in the northern portion of Laguna Beach, Orange County, California on located on Assessor Parcel Numbers 629-061-04, 269-061- 03 and 629-031-27, more particularly described in Exhibit “A.” Off-Site Mitigation Area is generally located within Section 7, Township 7 South, and Range 9 West of the Laguna Beach, California United States Geological Survey 7.5- minute quadrangle, north of SR 1, south of SR 73, and directly west of Laguna Canyon Road (SR 133), in the western portion of Laguna Beach more particularly described in Exhibit “B.” The Off-Site Mitigation Area is located adjacent to Laguna Canyon Road, the Irvine Bowl Park at the Festival of Arts, and the Laguna Beach Police Department Firing Range within Laguna Canyon.
(“Subject Properties”).
Attachment 1
5 RECITALS
A. This Deed Restriction and Agreement is made pursuant to and in compliance with the provisions of the approval and permits for the Laguna Canyon Creek Erosion Protection Project - United States Army Corps of Engineers (USACE) Nationwide Permit 404 Authorization Number SPL-2014-00346, California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement Number 1600- 2014-0019-R5, California Coastal Commission (CCC) Coastal Development Permit Number 18-1686, and San Diego Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification R-2019-0017 (“Project”).
B. The Project, located along a section of Laguna Canyon Creek adjacent to the Laguna Beach Animal Shelter and Pacific Marine Mammal Center in the City with off-site mitigation area described above, was to increase channel capacity and reduce erosion.
Specifically, the Project consisted of the remove of emergent vegetation, excavation of 375 cubic yards of accumulated sediment from the channel bottom, replacement of existing grouted and ungrouted riprap with open cell, articulated concrete block (Armorflex) on the side slopes of the channel, incorporation of a high flow stream terrace and a concrete retaining wall on the west bank, removal of the existing pedestrian crossing and replacement with a new crossing adjacent to the existing box culvert, hydroseeding the Armorflex with native vegetation, widening of the streambed and establishment of stream bank terraces, installation of longitudinal peak stone toe protection along the east bank, incorporating three bendway weirs extending into the streambed, restoration of the east and west banks with native vegetation.
C. As part of the Project, a Habitat Mitigation Monitoring Plan and a Water Quality Certification were adopted/issued. These documents, among other things, require that the Subject Properties be maintained in perpetuity in such a way that any future development not reduce the functions and values of the sites for the variety of beneficial users of water of the Unites States and/or State that the Subject Properties support. Further, these documents require that a formal legal limitation must be provided to the San Diego Water Board that would prohibit any development that would not maintain or enhance the wetland and streambed functions and values of the sites.
D. This Deed Restriction and Agreement is meant to effectuate the requirements of the Habitat Mitigation Monitoring Plan and the Water Quality Certification and the City will have this Deed Restriction and Agreement recorded against the Subject Properties.
TERMS OF DEED RESTRICTION AND COVENANT
1. Incorporation of Recitals. The Recitals are true and correct and are incorporated into this Deed Restriction and Agreement in their entirety, by this reference.
2. Covenant. The undersigned hereby covenants, acknowledges and agrees that the Subject Properties will be maintained in such a way that protects all mitigation areas and their buffers in perpetuity. The Subject Properties will be maintained without future development or encroachments which could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the United States and/or State that the Subject Properties support. All residential, commercial, industrial, institutional, and 6 transportation development, and any other infrastructure development that would not maintain or enhance the wetland and streambed functions and values of the sites are prohibited. Any activities that would result in soil disturbance or vegetation removal, other than the removal of the non-native vegetation and fuel modification as described in the Fuel Modification Plan (Habitat Mitigation Monitoring Plan, Section 5.2, page 31) are prohibited. Other prohibited infrastructure development include utility lines, maintenance roads, and areas of maintained landscaping for recreation.
3. Recordation. This Deed Restriction and Agreement shall be recorded in the Office of the Recorder of Orange County, California and shall constitute notice to all successors and assigns of the title to the Subject Properties of the obligation herein set forth.
4. Running with Land. The terms and conditions of this Deed Restriction and Agreement shall constitute a covenant running with and binding the land in accordance with the provisions of California Civil Code section 1468. Accordingly, the Subject Properties shall be held, sold, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved subject to the aforementioned agreement and covenant, all of which shall run with the Subject Properties and shall be binding on all parties having any right, title or interest in the Subject Properties or any part thereof, or their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, and all of which are imposed on the Subject Properties and every portion thereof.
5. Variance. Any Owner of the Subject Properties may apply to the San Diego Regional Water Quality Control Board for a written variance from the provisions of this Deed Restriction and Agreement.
6. Termination. Any Owner may apply to the San Diego Regional Water Quality Control Board for a termination of the requirements of this Deed Restriction and Agreement as they apply to the Subject Properties.
7. Term. Unless terminated in accordance with this Deed Restriction and Agreement or otherwise by law, this Deed Restriction and Agreement shall continue in effect in perpetuity.
8. Partial Invalidity. If any portion of this Deed Restriction and Agreement or terms set forth herein are determined to be invalid for any reason, the remaining portion shall remain in full force and effect as if such portion had not been included herein.
In witness whereof, Owner has executed this Deed Restriction and Agreement as of the date first written above:
By:
City of Laguna Beach
Dave Kiff, City Manager
7 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 Orange } ss.
On this ___ day of ________________, 20__, before me, ________________________________, a Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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.
____________________________
Notary's Signature
8 EXHIBIT “A”
Legal Description Plus Site Map
That area within Section 7, Township 7 South, and Range 8 West of the Laguna Beach, California United States Geological Survey 7.5-minute quadrangle, north of State Route (SR) 1 (Coast Highway), south of SR 73, and directly east of Laguna Canyon Road (SR 133), in the northern portion of Laguna Beach, Orange County, California on located on Assessor Parcel Numbers 629-061-04, 269-061-03 and 629-031-27.
9 10
EXHIBIT “B”
Legal Description Plus Site Map
That area generally located within Section 7, Township 7 South, and Range 9 West of the Laguna Beach, California United States Geological Survey 7.5-minute quadrangle, north of SR 1, south of SR 73, and directly west of Laguna Canyon Road (SR 133), 11 12