HomeMy WebLinkAboutC-7410-19 - Beacon Bay, 1 - Lease Restriction 20122
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Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
RECORDING REQUESTED BY: 11111111111011111111111111 42.00
*$ R 0 0 0 4 9 4 9 8 8 0$
WHEN RECORDED MAIL TO: 2012000382801 08:00am 07106/12
California Coastal Commission 66 401 R29 13
725 Front Street, Suite 300 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
Santa Cruz, CA 95060-4508
Attn: Legal Division
LEASE RESTRICTION
1. WHEREAS, j V e_ CAA O
(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
ON
Il. WHEREAS, on�`.�d ��d1� Owner/Lessor, cpnveyed to u�Yl�
0,V\aS1r.o.w,^ v� bare 0.n�w,t�
(hereinafter referred to as "Lessbe') 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
V. WHEREAS, pursuant to section 30600(a) of the PRC, Lessee applied to the Commissior
for a coastal development permit to undertake development, as defined in the Act (PRC § 30106), on thi
Property; and
V1. WHEREAS, on J -ane 3}" , 20_\A, the Commission conditionally approved
coastal development permit number '" - U (hereinafter referred to as the "Permit"),
1 This document filled for record
as an accommodation only. If
has not been examined as to it's
execution or as to It's effect
upon the title.
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subject to, among other conditions, the conditions listed under the heading "Special Conditions" in the
Notice of Intent to Issue Permit dated July 3, 2012, 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
i
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.
I . 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 eit
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) Furthermore, 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 paragraph
(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 t(
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.
Dated: 20
C 1 << t r
LESSOR/ LESSEE (:L u no I (a Ky)
Signed: G. Signed: b
1. 1 Cl! �C O V�+1�✓i ' LQsScQ .
PRINi/fYPE N &CAP CITY OFq fVE PWNTn YPE NAME & CAPACrIY OF ABOVE
*** NOTARY ACKNOWLEDGMENT ON THE FOLLOWING PAGE***
PTO . FORM:
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City Av6m6y
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On July 3, 2012 before me, M Locey, Notary Public, personally appeared Dave Kiff who
proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
M. LOCEY
jAni�Commission #► 16644751
WITNESS my hand and official seal. Notary Public - untC&l
Oran" Cowry
my Comm. Expires Oct 7, 2013
At bffjA4 (SEAL)
Notary Public in and for yld_�
OPTIONAL INFORMATION
Title or Type of Document:
Lease Restriction
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STATE OF CALIFORNIA
COUNTY OF n . k6r 3 CAZ
Anna Mansour Notary Nblic-
On S '2O f before me, , Notary Public,
personally appeared C u N N t CHOI h • who proved to me on the basis of
satisfactory evidence to be the person(} whose name( i am -subscribed to the within instrument
and acknowledged to me that s1Ehey executed the same i>is�)herfthtir authorized eapacity(iesj,
and that b�herfth signature(j 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.
Signature ('cal)
STATE OF CALIFORNIA
ANNE MANSOUR
Commission # 1940873
c "s Notary Public -California z
Z '��y " orange County
My Comm. Expires Jul 11, 2015
COUNTY OF C*2 NQ C
{��e��cxfr �IritaCY �ts�'iics
On ,� S 20 before me, . Anne , Notary Public,
personally appeared U ' 1._A\JG-ff*fl. who proved to me on the basis of
satisfactory evidence to be tho person ) whose name( t ubscribed to the within instrument
and acknowledged to me that h s ey executed the same in hi42 epi their authorized capacity(ies3 ,
and that by hi etheir signature( on the instrument the person(, or the entity upon behalf of
which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ANNE MANSOU�
Commission # 1940873
-=u Notary Public - California z
Signature Seal) x �' Orange County
My Comm. Expires Jul 11, 24015
5
EXHIBIT A
(Legal Description of Property)
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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, suite 1000 Date: July 3, 2012
Lang Beach, CA 90802-4302 Permit Application No 5-12-024
t�s2) 59"071PP
Page 1 of 5
REVISED
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 aoblicant 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 specifically 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.
NOTICE OF INTENT TO ISSUE. PERMIT
(Upon satisfaction of special conditions)
Date:773/2012
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,
CHARLES LESTER
Exe/cuutive Director
17 ���G"
By: John Del Arron
Coastal Program Analyst
The undersi ned permittee acknowledges receipt of this Notice. nd fully understands its
contents, in ,.Iu 'ng all conditions imposed. 014 r
.'7 �Z
Date Permittee
Please sign and return one copy of this form to the Commission office at the above
address..
STANDARD CONDITIONS
Notice of Receipt and Acknowledument. 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, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the expiration
date.
3. interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to bind
all future owners and possessors of the subject property to the terms and
conditions.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date:7/3/2012
Permit Application No 5-12-024:
Page 3of5
SPECIAL CONDITIONS
This permit is granted subject to the following special conditions:
1. Public Access Slanage 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"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. 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, and amounts paid
in settlement arising from any injury or damage due to such hazards.
3. No Future Shoreline Protective Device
A. By acceptance of this permit, the applicants agree, 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 hereby waive, 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 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 structure
is not to be occupied due to any of the hazards identified above. In the event that
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date:7/3/2012
Permit Application No 5-12-024:
Page 4 of 5
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 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. Landscapina - Drouaht 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.org/), the California
Invasive Plant Council (formerly the California Exotic Pest Plant Council)
(http://www.cal-ipe.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 utilized within the property. All plants shall be low
water use plants as identified by California Department of Water Resources
(See: www.water.ca.govtwateruseefficiency/docs/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 applicantllessee
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
that restrict the use and enjoyment of that property; and (2) imposing the Special
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date:7/3/2012
Permit Application No 5-12-024:
Page 5of5
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:2012NOI JDA,nr