HomeMy WebLinkAboutC-6243(C) - Beacon Bay, 62 - Deed and Lease Restriction 2016�.1
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RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO: Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
California Coastal Commission VIII I III I III IIID VIII IIII VIII VIII III I IIII III IIII III III 45.00
725 Front Street, Suite 300 Legal
Di
l Dvision
$ s o 0 o e 3 z 3 2 9 a$
Attn: Lega
Santa sono-4sos 201600017967611:30 am 04125/16
217 413 D12 F13 13
0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
WITH A COPY TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
APN(s):'A%-XB3 'rP
DEED AND LEASE RESTRICTION
I. WHEREAS, *M G W adA ,9 �� +�aVV1ia Mya1Ct on ,�1d►Q�a
-W%ktt ,&a ( (hereinafter referred to as "Owner/Lessor") is the record owner and
lessor of the real property described in Exhibit A, attached hereto and incorporated herein by reference
(hereinafter referred to as the "Property"); and
II. WHEREAS, on TMc/ ah ; k, ? , Owner/Lessor conveyed to WVCW 0k* �,qu,IkW euuipl
�.yc,YN�htf,SoE �t,t �dUUti�,Uv,�c,�( aud� j,Uu Li�(ty�G( (hereinafter referred to as
T�ruS-tdt>�trrdl bona ?fl' k1 t
"Lessee") a leasehold interest in the Property (hereinafter referred to as the "Lease; and
III. 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 California
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
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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
VI. WHEREAS, on M" VD , 20ASE, the Commission conditionally approved
coastal development permit number 5 —� 5 —1-4 3'2— (hereinafter referred to as the "Permit"),
subject to, among other conditions, the conditions listed under the heading "Special Conditions" in the
Notice of Intent to Issue Permit dated rl�W& g , 20 klo , 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
VII. 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
VIII. WHEREAS, Lessee has elected to comply with the Special Conditions, which require,
among other things, execution and recordation of this Deed 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 covenant(s) with the Commission that the Special Conditions
(shown in Exhibit B hereto) shall at all times on and after the date on which this Deed and 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 and lease to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed and Lease Restriction shall remain in full force and effect
and shall bind Owner/Lessor, Lessee, and all their assigns or successors -in -interest and other persons in
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possession of the Property during the period that either the development authorized by the Permit, or
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.
(b) Furthermore, in the event of a termination or extinguishment of this Deed and 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, Lessee their assigns or successors -in -interest and other persons in possession of the
Property, so long as either or both of the conditions described in paragraph 1(a) continue to exist on or
with respect to the Property.
2. TAXES AND ASSESSMENTS. It is intended that this Deed and 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 Deed and Lease Restriction shall be deemed to constitute a
servitude upon and burden to 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, Lessee
or other persons in possession of the Property, 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 Deed and Lease Restriction will bi
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 Deed
and Lease Restriction. In the event of a breach, any forbearance on the part of either party to enforce thi
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 this Deed and Lease Restriction is held to be
invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: M *UIt 2 q , 20 1 (*
OWNER/LESSOR:
C��► �� Nw►P�k• pat!rc�n
Signed:
PRINT/TYPE NAME & CAPACIABOVE
LESSEE:. _. 71'vS+ e
rvsfc�
Signed:
�d,>eee J LA,)L12P— LLS;
PRINT/TYPE NAME & CAPACITY OF
** NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE **
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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 —CSL//"�
On �i�g tbefore me, i ,,,o Mansour, Notary Pub!-, a Notary Public,
personally appeared PW K 1t 6LA_i WAME 1-..t OhA= who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) i4jiDubscribed to the within instrument and acknowledged to
me that he/shQQexecuted the same in his/h ei uthorized capacity(ies), and that by his/h ei ignature(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 rawhand and official
Commission # 2115355
Notary Public - California
Orange County
Comm. Expires Jul 11. 2019
signature 17, \ t/ AA-%[, V l (seal)
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
Countyof U !Z 1A+`_\ L_1 t
On RPIPL\L 1q0�lrbefore me, � tNNNN
t FtEtL. flk-lVt Va Notary Public,
personally appeared \L 1 FF , who proved to me on the basis
of satisfactory evidence to be the person(,&) whose name(&) is/are subscribed to the within instrument and acknowledged to
me that he/shefthey executed the same in his/heWfltei"uthorized capacity(ies), and that by his/h*vAkea• signature(s) on the
instrument the persons), 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 ha d official seal.E, _ JENNIFER ANN MULVEY
Commission # 2045029
C �+ Notary Public - CWonVa
Signature (Seal) Orange County
C ra 12 201
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(Legal Description of Property)
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LEGAL DESCRIPTION OF THE PROPERTY
That certain real property located in the City of Newport Beach, County of
Orange, California, described as follows:
Lot 1 of the eastside addition to Beacon Bay recorded on Official Maps Book 2, Page 30
in the Office of the County Recorder, County of Orange, State of California, sometimes
referred to as Beacon Bay Lot 62.
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EXHIBIT B
(Notice of Intent to Issue Permit)
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STATE OF CALIFORNIA - NATURAL RESOURCES AOe4CY EDMUND 0, BROWN, JR, QOI?JINOR
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
200 DCEANOATE,10TH FLOOR
LONO 6FACH, CALJPORMA 90/004/16
PH (562) SW5071 FAX (S62) MSM
W%y9 )A"hL CA aov
Page 1
March 21, 2016
Permit Application No.: 5-1S-1732
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
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 i1 IMIe l each of the "prior to issuance" Special Conditions. A list of all 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
Re s. tide 14 section 13169.
On March 10, 2016, the California Coastal Commission approved Coastal Development Permit No.
5-15-1732 requested by Drew & Linda Lawler subject to the attached conditions, for development
consisting of: Construction of a 3,997 square foot, three-story, single-family residence with a
458 square foot attached garage on a currently vacant, bayfronting lot. Grading will consist of
27 cubic yards of fill, more specifically described in the application filed 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 at: 62 Beacon Bay, Newport Beach (Orange County)
(APN(s): 050-212-10)
If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP
No. 5-15-1732, please contact the Coastal Program Analyst identified below.
Sincerely,
John Ainsworth
Acting Executive Director
U"I?ww
Mandy Rev
Coastal Program Analyst
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Page 2
March 18, 2016
Permit Application No.: 5-15-1732
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this Notice and fully understands its contents,
including all conditions imposed. :..--" _ -
Please sign and return one copy of this form to the Commission office at the above address.
STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging
receipt of the permit and acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, then permit will expire two years from the date
on which the Commission voted on the application. Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the
Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission and 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.
SPECIAL CONDITIONS:
1. Tree Trimming and Remova"ne week prior to any tree trimming or removal associated
with the proposed redevelopment plan, a survey shall be conducted by a qualified biologist to ensure
that no breeding or nesting birds are present in the subject trees. Should a nest site(s) be located, all
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Page 3
March 18, 2016
Permit Application No.: 5-15-1732
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
tree trimming and removal shall cease until the nest(s) is/are naturally vacated, and juveniles have
fledged without human or mechanical interference, and there is no longer evidence of any further
attempt(s) at nesting.
2. No Future Shoreline Protective Device.
A. By acceptance of this permit, the applicant 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. 5-15-1732
including, but not limited to, the residence and garage, foundations, patio and any future
improvements, in the event that the development is threatened with damage or destruction
from waves, erosion, storm conditions, flooding, sea level rise or other natural coastal
hazards in the future. By acceptance of this permit, the applicant hereby waive, on behalf
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 applicant further agrees, on behalf of themselves and all
successors and assigns, that the landowners shall remove the development authorized by this
permit, including the concrete slab, 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 wetland before they are removed, the landowner shall remove all
recoverable debris associated with the development from the wetland and lawfully dispose of
the material in an approved disposal site. Such removal shall require a coastal development
permit.
3. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit, the
applicant acknowledges and agrees (i) that the site may be subject to hazards from waves, erosion,
storm conditions, liquefaction, flooding, and sea level rise; (ii) to assume the risks to the applicant
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, and amounts paid in settlement arising from any injury or damage due to such hazards.
4. Future Development. This permit is only for the development described in Coastal
Development Permit No. 5-15-1732. 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. 5-15-1732.
Accordingly, any future improvements to the residence and garage, foundations and patio 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. 5-15-1732 from the Commission or shall require an
additional coastal development permit from the Commission or from the applicable certified local
government.
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Page 4
March 18, 2016
Permit Application No.: 5-15-1732
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
5. Storage of Construction Materials, Mechanized Equipment and Removal of Construction
Debris. The permittees shall comply with the following construction -related requirements:
A. No demolition or construction materials, debris, or waste shall be placed or stored where it
may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind,
rain, or tidal erosion and dispersion;
B. No demolition or construction equipment, materials, or activity shall be placed in or occur
in any location that would result in impacts to environmentally sensitive habitat areas,
streams, wetlands or their buffers;
C. Any and all debris resulting from demolition or construction activities shall be removed
from the project site within 24 hours of completion of the project;
D. Demolition or construction debris and sediment shall be removed from work areas each
day that demolition or construction occurs to prevent the accumulation of sediment and
other debris that may be discharged into coastal waters;
E. All trash and debris shall be disposed in the proper trash and recycling receptacles at the
end of every construction day;
F. The applicant shall provide adequate disposal facilities for solid waste, including excess
concrete, produced during demolition or construction;
G. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the
disposal site is located in the Coastal Zone, a coastal development permit or an
amendment to this permit shall be required before disposal can take place unless the
Executive Director determines that no amendment or new permit is legally required;
H. All stock piles and construction materials shall be covered, enclosed on all sides, shall be
located as far away as possible from drain inlets and any waterway, and shall not be stored
in contact with the soil;
I. Machinery and equipment shall be maintained and washed in confined areas specifically
designed to control runoff. Thinners or solvents shall not be discharged into sanitary or
storm sewer systems;
J. The discharge of any hazardous materials into any receiving waters shall be prohibited;
K. Spill prevention and control measures shall be implemented to ensure the proper handling
and storage of petroleum products and other construction materials. Measures shall
include a designated fueling and vehicle maintenance area with appropriate berms and
protection to prevent any spillage of gasoline or related petroleum products or contact
with runoff. The area shall be located as far away from the receiving waters and storm
drain inlets as possible;
L. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed
to prevent spillage and/or runoff of demolition or construction -related materials, and to
contain sediment or contaminants associated with demolition or construction
activity, shall be implemented prior to the on -set of such activity; and
M. All BMPs shall be maintained in a functional condition throughout the duration of
construction activity.
6. Conformance with the submitted Site and Drainage Plan. The applicant(s) shall conform to
the drainage and run-off control plan received on October 13, 2015 to the South Coast Region
office showing drains and associated piping designed to flow into filtration drains in the front and
back of the home. Any proposed changes to the approved plan shall be reported to the Executive
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Page 5
March 18, 2016
Permit Application No.: 5-15-1732
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
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
required.
7. Bird Strike Prevention. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the permittee shall submit, for the review and approval of the Executive Director, two (2)
sets of revised project plans showing the location, design, height and materials of glass doors,
fences, screen walls and gates. Said plans shall reflect the requirements of this special condition.
Bayfront glass doors, screen walls, fences and gates subject to this permit shall use materials
designed to minimize bird -strikes with the railing, screen wall, fence, or gate. Such materials may
consist, all or in part, of wood; metal; frosted or partially -frosted glass, Plexiglas or other visually
permeable barriers that are designed to prevent creation of a bird strike hazard. Clear glass or
Plexiglas shall not be installed unless an ultraviolet -light reflective coating specially designed to
reduce bird -strikes by reducing reflectivity and transparency is also used. Any coating shall be
installed to provide coverage consistent with manufacturer specifications and the recommendations
of the Executive Director. All materials and coatings shall be maintained throughout the life of the
development to ensure continued effectiveness at addressing bird strikes and shall be maintained at a
minimum in accordance with manufacturer specifications and as recommended by the Executive
Director.
8. Deed 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 deed restriction, in a form and content acceptable to the Executive Director: (1)
indicating that, pursuant to this permit, the California Coastal Commission has authorized
development on the subject property, subject to terms and conditions that restrict the use and
enjoyment of that property; and (2) imposing the Special Conditions of this permit as covenants,
conditions and restrictions on the use and enjoyment of the Property. The deed restriction shall
include a legal description of the entire parcel or parcels governed by this permit. The deed
restriction shall also indicate that, in the event of an extinguishment or termination of the deed
restriction for any reason, the terms and conditions of this permit shall continue to restrict the use
and 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). IF YOU HAVE ANY QUESTIONS, PLEASE CALL
THE DISTRICT OFFICE.
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