HomeMy WebLinkAbout13 - One Beacon Bay - Authorization to Execute Lease RestrictionaEWP °R> — CITY OF
NEWPORT BEACH
City Council Staff Report Agenda Item No. 13
June 26. 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
F R C ' : City Manager's Office
Dave Kiff, City Manager
949 -644 -3001, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
APPROVED:
TITLE: One Beacon Bay: Authorization to Execute Lease Restriction
ABSTRACT:
Staff seeks Council approval to execute an atypical lease restriction on the City's behalf
involving a residential parcel at Beacon Bay. The California Coastal Commission
requires the City to execute the lease restriction as well as the homeowner. Staff does
not believe that we should execute this on our own without Council review, as it Includes
pledges by the City to, among other things, not construct a "shoreline protective device'
around the premises to protect the property against beach erosion or sea level rise.
RECOMMENDATION:
Authorize the City Manager to execute the attached Lease Restriction for One Beacon
Bay.
DISCUSSION:
On June 13, 2012, the California Coastal Commission ( "Commission ") approved an
application by the Scott and Shawn Cunningham Family to construct a single family
residence at One Beacon Bay. The City of Newport Beach ( "City ") leases the 72
residential properties within Beacon Bay, including this property. In approving the
Cunningham's application the Commission imposed seven "Special Conditions." A list
of the Special Conditions is attached to this Staff Report.
Among the Special Conditions, is a requirement that the City, as Lessor, sign and
record a lease restriction against the property agreeing to be bound by the Special
Conditions. A copy of the lease restriction is attached to this Staff Report. The lease
restriction would remain in effect for as long as any improvements or benefits authorized
by the Commission's permit remain upon the property. The City was not a party to the
One Beacon Bay: Authorization to Execute Lease Restriction
June 26, 2012
Page 2
Cunningham's application and is not required to sign the lease restriction. However, if
the City does not sign and record the lease restriction the Cunningham Family will be
required to return to the Corrimission to seek an amendment of their permit conditions.
This is a challenging issue for the City. We would like to allow the Cunningham family
to construct a home at One Beacon Bay. The Coastal Commission, however, has put
us in the uncomfortable position of choosing between precluding the homeowner's
ability to build a home or agreeing to conditions about shoreline protective devices that
we might not otherwise agree to.
We could also take the position of agreeing now to the conditions but returning to the
Commission in the future to amend one or more of the conditions should an emergency
or other critical situation exist that obligated us to better protect nearby public property
(noting that the Commission's condition re: shoreline protective devices appears to
specifically waive the property owner's right to install one under Public Resources Code
Section 30235's ability to "protect existing structures... ")
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQX) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Dave Kiff, City Manager
o�-
One Beacon Bey: Authorization to Execute Lease Restriction
June 26, 2072
Page 3
Attachments: A. Lease Restriction
B. Special Conditions
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RECORDING REQUESTED BY:
WHEN RECORDED MAfL TO:
California Coastal Commission
725 Front Street, Suite 300
Santa Cruz, CA 95060 -4508
Attn: Legal Division
LEASE RESTRICTION
Attachment A
WHEREAS, rtte /Ve, Qe + 3Qarj G C.�ri -PAe A ,V\aniciPall Cori
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(hereinafter referred to as "Owner / Lessor ") is the record owner of the real property described in
Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the
"Property "); and
H. WHEREAS, on 0JAPn I O��olf11 0wnerfLessor conveyed to Sc6- C) �a r�
arQ S1 c Cvn. ;�.�1w 1�vsb��cQ CL. & UvJe
(hereinafter referred to as "Lessee ") a reasehold interest in the Property (hereinafter referred to as the
"Lease "); and
Ill. WHEREAS, the California Coastal Commission (hereinafter referred to as the
"Commission ") is a public agency created and existing under the authority of section 30300 of the
California Public Resources Code (hereinafter referred to as the "PRC "), a section of the Califomia
Coastal Act of 1976 (Division 20 of the PRC; hereinafter referred to as the "Act "); and
IV. WHEREAS, the Property is located within the coastal zone as defined in the Act (PRC
§ 30103); and
V. WHEREAS, pursuant to section 30600(a) of the PRC, Lessee applied to the Commission
for a coastal development permit to undertake development, as defined in the Act (PRC § 30106), on the
Property; and
V1. W HCREAS, on .Tv n C 1 3 rh , 20 i a, the Commission conditionally approved
coastal development permit number S- 1 Day (hereinafter referred to as the "Permit "),
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I subject to, among other conditions, the conditions listed under the heading "Special Conditions" in the
Notice of Intent to Issue Permit dated
20 ,attached hereto as
EXHIBIT B and incorporated herein by reference (hereinafter referred to as the "Special Conditions "),
for the reasons stated in the "Findings and Declarations" adopted by the Commission in support of its
action, which findings and declarations (along with any other documents that the Permit required to be
submitted to the Commission and with which the Permit requires compliance) are available from the
Commission upon request; and
VI. WHEREAS, the Commission found that, but for the imposition of the Special
Conditions, the proposed development could not be found consistent with the provisions of the Act and
that a permit could therefore not have been granted; and
VII. WHEREAS, Lessee has elected to comply with the Special Conditions, which require,
among other things, execution and recordation of this Lease Restriction, so as to enable Lessee to
undertake the development authorized by the Permit;
NOW, THEREFORE, in consideration of the issuance of the Permit to Lessee by the
Commission, the undersigned Owner/Lessor and Lessee, for themselves and for their heirs, assigns, and
successors - in- interest, hereby irrevocably covenants with the Commission that the Special Conditions
(shown in Exhibit B hereto) shall at all times on and after the date on which this Lease Restriction is
recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of
the Property that are hereby attached to the deed to the Property as fully effective components thereof.
DURATION. (a) This Lease Restriction shall remain in full force and effect and shall
bind Owner /Lessor and Lessee and all their assigns or successors -in- interest during the period that <
the development authorized by the Permit, or any part or modification thereof, or the Permit, or any
modification or amendment thereof, remains in existence on or with respect to, and thereby confers
benefit upon, the Property.
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(b) Furthenmore, in the event of a termination or extinguishment of this Lease Restriction
other than pursuant to a Commission- approved amendment to the Permit, the Special Conditions shall,
notwithstanding any such termination or extinguishment, continue to restrict the use and enjoyment of
the Property as they did prior to that termination or extinguishment and to bind Owner /Lessor and
Lessee and their successors -in- interest, so long as either or both of the conditions described in paragral
(a) continue to exist on or with respect to the Property.
2. TAXES AND ASSESSMENTS. It is intended that this Lease Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Lease Restriction shall be deemed to constitute a servitude upon and burden ti
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statute, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. The Commission or its agent may enter onto the Property at times
reasonably acceptable to Owner /Lessor and Lessee to ascertain whether the use restrictions set forth
above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner /Lessor and
Lessee, whether written or oral, which uses or would cause to be used or would permit use of the
Property contrary to the terms of this Lease Restriction will be. deemed a violation and a breach hereof.
The Commission and Owner /Lessor and Lessee may pursue any and all available legal and/or equitable
remedies to enforce the terms and conditions of this Lease Restriction. In the event of a breach, any
forbearance on the part of either party to enforce the terms and provisions hereof shall not be deemed a
waiver of enforcement rights regarding any subsequent breach.
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5. SEVERABILITY. if any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Signed:
Dated: 20
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Piave k1A Oily MOVJuaPR
PRINT /TYPE NAME & CA'PACITY OP OVE
LESSEE
Signed:;
PRINTrrYPE NAME & CAPACrFY OP ABOVE
I * ** NOTARY ACKNOWLEDGMENT ON THE FOLLOWING PAGE * **
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STATE OF CALIFORNIA
COUNTY OF r�i -Q s Cif
On,, Ct)o -P 1S
Anne iVtansour. Notary Pu51ic
, Notary Public,
personally appeared —r� SC��T-T C 9U D (9 who proved to me on the basis of
satisfactory evidence to be the person() whose name(] is a{esubscribed to the within instrument
and acknowledged to me ft e keftfrcy executed the same i u ee/theT authorized capacity(ies,-),
and that b I s r signature() on the instrument the person(, or the entity upon behalf of
which the personO 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.
f/ \�1 �d �� �'i�y� ANNE MANSOUR
Signatur 1-/ I`"""`�� "" `— (Seal) commission # 1940873
Notary Pu611c - California z
Z -` Orange County
My Comm. Expires Jul 11, 2015
STATE OF CALIFORNIA
• • l� �r ii�l� '
On -� Lu-,2Q. IS 2ol2rbefore me, Anne Mansour. �lotarV °tab'' otary Public,
personally appeared S Pno t3 0 1 K) f}(ftn , who proved to me on the basis of
satisfactory evidence to be the person(j) whose name( is re- subscribed to the within instrument
and acknowledged to me that heOEGkhey executed the same in hi ter heir authorized capacity(aes -),
and that by hi er heir signatureO on the instrument the person( p, or the entity upon behalf of
which the person() 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.
ANNE MANSOUR
Cammisslon # 1940873
Signature 7 — (Seal) -d'' Notary Public - calllornia
z orange county
)my Comm. Expires Jul It. 2015
c.�
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On June 21, 2012 before me, M Locey, Notary Public, personally appeared Scott
Cunningham and Shawn Cunningham who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare 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 m hand and official seal. _ Mon # 1
y Commission # 1864461
Z , -s Notary Public • California n
z - Orange County
/
My Comm. Expires Oct 7,203
(SEAL)
Notary Public in and for said Staje,_,_�
f
OPTIONAL INFORMATION
Title or Type of Document: Lease Restriction
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EXHIBIT A
{Legal Description of Property}
Lo _T / a 5 dowri 0v\ -jt� ("c,f ti id rn bOD1C 9
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U csi O' N"t W n e C o- G� 2
cJ�0.t� 0� CCj (m'f\,\k eXCe�A %one SoL4\Oct's
EXHIBIT B
(Notice of Intent to Issue Permit)
STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN JR. GOVERNOR.
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 oceangate, sulte 1000 Date: June 20, 2012
Long Beach, CA 90802 -4302
(562) 5904071 pp
Permit Application No 5 -12 -024
�
Page 1 of 5
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)-
THIS IS NOT A COASTAL DEVELOPMENT PERMIT
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE
STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL
DEVELOPMENT PERMIT ( "CDP "). A Coastal Development Permit for the development
described below has been approved but is not yet effective. • Development on the site
cannot commence until the CDP is effective. In order for the CDP to be effective, .
Commission staff must Issue the CDP to the applicant, and the applicant must sign and
return the CDP. Commission staff cannot issue the CDP until the applicant has
fulfilled each of the "prior to issuance" Special Conditions. A list of all of the
Special Conditions for this permit is attached.
The Commission's approval of the CDP is valid for two years from the date of approval.
To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special
Conditions, obtain and sign the CDP, and commence development within two years of
the. approval date specified below. You may apply for an extension of the permit
pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169.
On June 13, 2012, the California Coastal Commission approved Coastal Development
Permit No. 5- 12 -024, requested by Scott-and Shawn Cunningham subject to the
attached conditions, for development consisting of: Construction of a 4375 sq.ft., 28 foot
high single family residence on a vacant bayfront lot„ . More speciflcally described in the
application file in the Commission offices. Commission staff will not issue the CDP
until the "prior to issuance" special conditions have been satisfied.
The development is within the coastal zone in Orange County located at 1 Beacon Bay,
Newport Beach.
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NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date;6120 /2012
Permit Application No 5 -12 -024:
Page 2 of 5
If you have any questions regarding how to fulfill the "prior to issuance" Special
Conditions.for CDP No. 5 -12 -024, please contact the Coastal Program Analyst identified
below.
Sincerely,
CHARLESLE'STER
Executive Director
U
John Del Arroz
Coastal Program Analyst
The undersigned permittee acknowledges receipt of this Notice and fully understands its
contents, including all conditions imposed.
Date
Permitee
Please sign and return one copy of this form to the Commission office at the above
address.
STANDARD CONDITIONS
Notice of Receipt and,Acknowiedgment The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or allthoiized'agent, acknowledging receipt of the permit and
acceptance of the terms;and conditions, Is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on vWch the Commission . voted on the application. Development
shall be pursued in a diljgent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the expiration
date.
Interpretation. Any questions of Intent or interpretation of any condition will be
resolved by the Executive Direct& or the Commission.
Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the. permittee to bind
all future owners and possessors of the subject property to the terms and
conditions.
jy
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date:6/20/2012
Permit Application No 5 -12 -024:
Page 3 of_5
SPECIAL CONDITIONS
This permit Is granted subject to the following special conditions:
1. Public Access Sianage As proposed by the applicant, signage indicating the
availability of public access within the Beacon Bay area of Newport Beach shall
be installed.by the applicant. The public access signage shall be a minimum size
of 85"x11 ", shall state "Public Beach Access ", and shall be of similar format to
Exhibit 4 of the staff report but shall be altered to indicate the appropriate
direction of beach access. The public access signage shall be erected either: a)
on the applicants lease area in a location visible from the intersection of Harbor
Island Road and Beacon Bay Drive, or b) upon approval and agreement of the
City of Newport Beach, in the City Right of Way In a location visible from the
intersection of Harbor Island Road and Beacon Bay Drive.,
2. Assumption of Risk, Walver of Liablllty and Indemnity By acceptance of this
permit, the applicants acknowledge and agree (i) that the site may be subject to
hazards from erosion, liquefaction, waves, flooding, and sea level rise; (ii) to
assume the risks to the applicants and the property that is the subject of this
permit of injury and damage from such hazards in connection with this permitted
development; (iii) to unconditionally waive any claim of damage or liability against
the Commission, its officers, agents, and employees for injury or damage from
such hazards; and (iv) to Indemnify and hold harmless the Commission, its
officers, agents, and employees with respect to the Commission's approval of the
project agalnst'any and all liability, claims, demands, damages, costs (including.
costs and fees incurred 'ih defense of such claims), expenses, and amounts paid
in settlement arising from'any injury or damage due to such hazards.
No Future Shoreline Protective Device
A. By acceptance of this permit, the applicants and landowner agrees, on behalf
of themselves and all other successors and assigns, that no shoreline protective
device(s) shall ever be constructed to protect the development approved
pursuant to Coastal Development Permit No. 5-12 -024 including, but not limited
to, the residence, garage, foundations, and patio, and any future improvements,
in the event that the development is threatened with damage or destruction from
waves, erosion, storm conditions, liquefaction, sea level rise, or any other coastal
hazards in the future. By acceptance of this permit, the applicants and landowner
hereby waives, on behalf of themselves and all successors and assigns, any
rights to construct such devices that may exist under Public Resources Code
Section 30235.
B. By acceptance of this permit, the applicants and landowner further agree, on
behalf of themselves and all.successors and assigns, that the landowner(s) shall
remove the development authorized by this permit, including the residence,' .
garage, foundations, and patio, if any government agency has ordered that the
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date:6/20/2012
Permit Application No 5 -12 -024:
Page 4 of 5
structure is not to be occupied due to any of the hazards identified above. In the
event that portions of the development fall to the beach before they are removed,
the landowners) shall remove all recoverable debris associated with the
development from the beach and ocean and lawfully dispose of the material in an
approved disposal site: Such removal shall require a coastal development permit.
4. Future Development. This permit is only for the development described in
Coastal- Development Permit No. 5 -12 -024. Pursuant to Title 14 California Code
of Regulations Section 13250(b) (6), the exemptions otherwise provided in Public
Resources Code Section 30610(a) shall not apply to the development governed
by Coastal Development Permit No. 5 -12 -024. Accordingly, any future
Improvements to the single - family house authorized by this permit, Including but
not limited to repair and maintenance identified as requiring a permit in Public
Resources Section 30610(d) and Title 14 California Code of Regulations
Sections 13252(a) -(b), shall require an amendment to Permit No. 5 -12 -024 from
the Commission or shall require an additional coastal development permit from
the Commission or from the applicable certified local government.
5. Drainage Plan. The applicants shall conform with the Drainage Plan received on
March 7, 2012 showing roof drainage and runoff from all impervious areas
directed to trench drains and permeable pavement wherever possible. Any
proposed changes to the approved plan shall be reported to the Executive
Director. No changes to the approved plan shall occur without a Commission
amendment to this coastal development permit unless the Executive Director
determines that no amendment is legally required.
6. Landscaping - Drought Tolerant, Non Invasive Plants. Vegetated landscaped
areas shall only consist of native plants or non - native drought tolerant plants,
which are non - invasive. No plant species listed as problematic and /or invasive by
the California Native Plant Society (http: //www.CNPS.orgn, the California
Invasive Plant Council (formerly the Cafrfomia Exotic Pest Plant Council)
(http: / /www.cal- ipc.orgo, or as may be identified from time to time by the State of
California shall be employed or allowed to naturalize or persist on the site. No
plant species listed as 'a "noxious weed" by the State of California or the U.S.
Federal Government shall be utllized within the property. All plants shall be low
water use plants as Identified by California Department of Water Resources
(See: www. water. ca. g6v/ wateruseefficiency /docs /wurols00.pdf),
Generic Lease Restriction. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director
for review and approval documentation demonstrating that the applicant/lessee
has executed and recorded'against the parcel(s) governed by this permit a lease
restriction, in a form and content acceptable to the Executive Director: (1)
indicating that, pursuant to this permit, the California Coastal Commission has
authorized development on the subject property, subject to terms and conditions
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date:6l20l2012
Permit Application No 5 -12 -024:
Page 5 of 5
that restrict the use and enjoyment of that property; and (2) imposing the Special
Conditions of this permit as covenants, conditions and restrictions on the use and
enjoyment of the Property. The lease restriction shall include a legal description
of the entire parcel or parcels governed by this permit. The lease restriction shall
also indicate that, in the event of an extinguishment or termination of the lease
restriction for any reason, the terms and conditions of this permit shall continue to
restrict the use and enjoyment of the subject property so long as either this
permit or the development it authorizes, or any part, modification, or amendment
thereof, remains in existence on or with respect to the subject property.
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL
FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE LONG BEACH OFFICE,
ALONG WITH'THIS 'NOTICE OF INTENT TO ISSUE PERMIT' FORM. WHEN YOU
RECEIVE THE DOCUMENTS AND HAVE READ THE INSTRUCTIONS, IF YOU HAVE
ANY QUESTIONS, PLEASE CALL THE ANALYST YOU HAVE BEEN WORKING
WITH AT (562)590 -5071.
G:20r7N0IiDA,u I . i
/7
g
1
Attachment B
5 -12 -024 (Cunningham)
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all future
owners and possessors of the subject property to the terms and conditions.
""" III. SPECIAL CONDITIONS
This pen-nit is granted subject to the following special conditions:
Public Access Signage . As proposed by the applicant, signage indicating the availability
of public access within the Beacon Bay area of Newport Beach shall be installed by the
applicant. The public access signage shall be a minimum size of 8.5 "xl I ", shall state
"Public Beach Access ", and steal I be of similar format to Exhibit 3 of the staff report but
shall be altered to indicate the appropriate direction of beach access. The public access
signage shall be erected either: a) on the applicants lease area in a location visible from the
intersection of Harbor Island Road and Beacon Bay Drive, or b) upon approval and
agreement of the City of Newport Beach, in the City Right of Way in a location visible
from the intersection of Harbor Island Road and Beacon Bay Drive.
2. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit,
the applicants acknowledge and agree (i) that the site may be subject to hazards from
erosion, liquefaction, waves, flooding, and sea level rise; (ii) to assume the risks to the
applicants and the property that is the subject of this permit of injury and damage from
such hazards in connection with this permitted development; (iii) to unconditionally waive
any claim of damage or liability against the Commission, its officers, agents, and
employees for injury or damage from such hazards; and (iv) to indemnify and hold
harmless the Commission, its officers, agents, and employees with respect to the
Commission's approval of the project against any and all liability, claims, demands,
damages, costs (including costs and fees incurred in defense of such claims), expenses, anc
amounts paid in settlement arising from any injury or damage due to such hazards.
No Future Shoreline Protective Device
A. By acceptance of this permit, the applicants and landowner agrees, on behalf of
themselves and all other successors and assigns, that no shoreline protective
device(s) shall ever be constructed to protect the development approved pursuant
to Coastal Development Permit No. 5 -12 -024 including, but not limited to, the
residence, garage, foundations, and patio, and any future improvements, in the
event that the development is threatened with damage or destruction from waves,
erosion, storm conditions, liquefaction, sea level rise, or any other coastal hazards
in the future. By acceptance of this permit, the applicants and landowner hereby
waives, on behalf of themselves and all successors and assigns, any rights to
construct such devices that may exist under Public Resources Code Section
30235.
B. By acceptance of this permit, the applicants and landowner further agree, on
behalf of themselves and all successors and assigns, that the landowner(s) shalt
r�
5 -12 -024 (Cunningham)
remove the development authorized by this permit, including the residence,
garage, foundations, and patio, if any government agency has ordered that the
structure is not to be occupied due to any of the hazards identified above. In the
event that portions of the development fall to the beach before they are removed,
the landowner(s) shall remove all recoverable debris associated with the
development from the beach and ocean and lawfully dispose of the material in an
approved disposal site. Such removal shall require a coastal development permit.
4. Future Development. This permit is only for the development described in Coastal
Development Permit No. 5 -12 -024. Pursuant to Title 14 California Code of Regulations
Section I3250(b) (6), the exemptions otherwise provided in Public Resources Code Section
30610(a) shall not apply to the development governed by Coastal Development Permit No.
5 -12 -024. Accordingly, any future improvements to the single - family house authorized by
this permit, including but not limited to repair and maintenance identified as requiring a
permit in Public Resources Section 306t0(d) and Title 14 Califomia Code of Regulations
Sections 13252(a) -(b), shall require an amendment to Permit No. 5 -12 -024 from the
Commission or shall require an additional coastal development permit from the
Commission or from the applicable certified local government.
5. Drainage Plan. The applicants shall conform with the Drainage Plan received on March 7,
2012 showing roof drainage and runoff from all impervious areas directed to trench drains and
permeable pavement wherever possible. Any proposed changes to the approved plan shall be
reported to the Executive Director. No changes to the approved plan shall occur without a
Commission amendment to this coastal development permit unless the Executive Director
determines that no amendment is legally required.
6. Landscaping - Drought Tolerant, Non Invasive Plants. Vegetated landscaped areas shall
only consist of native plants or non - native drought tolerant plants, which are non - invasive.
No plant species listed as problematic and /or invasive by the California Native Plant Society
(http: / /www.CNPS.oro, the California Invasive Plant Council (formerly the California
Exotic Pest Plant Council) (http: / /www.cal- ipc.oro, or as may be identified from time to time
by the State of California shall be employed or allowed to naturalize or persist on the site. No
plant species listed as a "noxious weed" by the State of California or the U.S. Federal
Government shall be utilized within the property. All plants shall be low water use plants as
identified by California Department of Water Resources (See:
www. water .ca.gov /wateruseefficiency /does/ wucols00.pdf).
7. Generic Lease Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT'
PERMIT, the applicant shall submit to the Executive Director for review and approval
documentation demonstrating that the landowner(s) and lessor have executed and recorded
against the parcel(s) governed by this permit a lease restriction, in a form and content
acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California
Coastal Commission has authorized development on the subject property, subject to terms and
conditions that restrict the use and enjoyment of that property; and (2) imposing the Special
Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment
of the Property. The lease restriction shall include a legal description of the entire parcel or
;; v
5- 12- 024(Cunningham)
parcels governed by this permit. The lease restriction shalt also indicate that, in the event of an
extinguishment or termination of the lease restriction for any reason, the terms and conditions
of this permit shall continue to restrict the use and enjoyment of the subject property so long
as either this permit or the development it authorizes, or any part, modification, or amendment
thereof, remains in existence on or with respect to the subject property.
r; t
Jun 2412 04:45p MicrosoftBOYD MANAGEMENT 949 -215 -9040 1
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R Ell \ /EG
2012 JUiv 25 ,AM 10: 54
Beacon Bay Community Association
277:8 Santa Margarita Pkwy. X410, Mission Viejo, CA 92691 c ;a!
June 22, 2012
Dennis O'Neil
19900 MacArthur Blvd., #1050
Irvine, CA 92612
RE: Beacon Bay Community Association
Dear Mr. O eil:
This correspondence is to confirm the following for the Beacon Bay Community Association:
• The Board has approved the Lease Agreement as presented
• The Membership has approved the CC &Rs as presented
Please feel free to contact me if you have any questions or if you need any further information.
Thank you for your cooperation and assistance in this matter,
Sincerely,
ON BEHALF OF THE BOARD OF DIRECTORS
BEACON BAY COMMUNITY ASSOCIATION
Debbie Boyd, AM
Senior Association Manager
Boyd Management
27758 Santa - Margarita Pkwv. #410, Mission Viejo, CA 92691
(949) 215 -8485 (949) 215 -9040 Fax