Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-9272-5 - East Coast Highway, 201 - Certificate of Acceptance Irrevocable Offer to Dedicate Vertical Public Access Easement and Declartion of Restrictions 2024 (Balboa Marina West - Public Docks)
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 455 Market St,, Suite 300 San Francisco, CA 94105 ATTN: Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation (Pursuant to Government Code §27383) Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I[ � � 11 II III 1111 [ II NO FEE *$ R 0 0 1 4 8 6 8 1 9 9 $ * 202400007928411:16 am 03/29/24 440 CR-SC05 C15 40 0.00 0.00 0.00 0.00 117.00 0.00 0.000.000.00 0.00 CDP: 05-15-0087, Irvine Co & City of Newport Beach APNs: 050-451-01, 050-451-02, 050-451-03, 050-451-060, 050-451-10, 050-451-55, 440-132-39, 440-132-51 CERTIFICATE OF ACCEPTANCE IRREVOCABLE OFFER TO DEDICATE VERTICAL PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS This is to certify that the City of Newport Beach, a municipal corporation and charter city of the State of California ("Grantee"), hereby accepts the Irrevocable Offer to Dedicate Vertical Public Access Easement and Declaration of Restrictions executed by the Irvine Company LLC, a Delaware limited liability company on January 5, 2024 and recorded on January 18, 2024, as Instrument Number 2024000011710, of the Official Records in the Office of the Recorder of Orange County, attached hereto as Exhibit A and incorporated herein by reference, on the date of recording, pursuant to City Council Resolution No. 1992-82, adopted on July 27, 1992, and Grantee consents to recordation hereof by its duly authorized officer. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 27 Aa C. Har City Attorney ATTEST: Date: " 0`111111041" City Clerk CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: By: - Grac ung Ci anager RECOMMENDED FOR ACCEPTANCE: COMMUNITY DEVELOPMENT DEPARTMENT Date: 2/4,i/ �,0-L `/ By . Seimone Jurjis Community Develo Manager Director, Assistant City UIFOVt RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 455 Market St., Suite 300 San Francisco, CA 94105 ATTN: Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation (Pursuant to Government Code §27383) CDP: 05-15-0087, Irvine Co & City of Newport Beach APNs: 050-451-01, 050-451-02, 050-451-03, 050-451-060, 050-451-10, 050-451-55, 440-132-39, 440-132-51 CERTIFICATE OF ACCEPTANCE IRREVOCABLE OFFER TO DEDICATE VERTICAL PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS This is to certify that the City of Newport Beach, a municipal corporation and charter city of the State of California ("Grantee"), hereby accepts the Irrevocable Offer to Dedicate Vertical Public Access Easement and Declaration of Restrictions executed by the Irvine Company LLC, a Delaware limited liability company on January 5, 2024 and recorded on January 18, 2024, as Instrument Number 2024000011710, of the Official Records in the Office of the Recorder of Orange County, attached hereto as Exhibit A and incorporated herein by reference, on the date of recording, pursuant to City Council Resolution No. 1992-82, adopted on July 27, 1992, and Grantee consents to recordation hereof by its duly authorized officer. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: B Z", A . Hat City Attorney ATTEST: Date: A By: Leilani L Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: By: Grac ung Ci anager RECOMMENDED FOR ACCEPTANCE: COMMUNITY DEVELOPMENT DEPARTMENT Date: 2 /o .S", By: ✓� Seimone Jur is Community Devel Manager 7- y Director, Assistant City �+...�� cscIF: 0 1 2 ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION 3 OF ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE VERTICAL PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS 4 5 This is to acknowledge that the CITY OF NEWPORT BEACH, a municipal corporation and 6 charter city of the State of California, is acceptable to the Executive Director of the California 7 Coastal Commission to be Grantee under the Irrevocable Offer to Dedicate Vertical Public Acce 8 9 Easement and Declaration of Restrictions executed by the Irvine Company, on January 5, 2024 10 recorded on January 18, 2024, as Instrument Number 202400001 t 710, of the Official Records it 11 the Office of the Recorder of Orange County, in the office of the County Recorder of Orange 12 County. 13 14 15 Dated: CALIFORNIA COASTAL COMMISSION 16 17 Louise Warren, General Counsel 18 19 20 21 22 23 24 25 26 27 ACKNOWLEDGEMENT - 2 28 ALL-PURPOSECALIFORNIA • •. 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 DQK1r4&C— ) On MAQC14 'S 1ZC)XLI beforeme, cJENNIF�KZ AN" VVI%jWE—1 1 NOTK1rL—1 N6c kC. Date Here Insert Name and Title of the Officer personally appeared C-le 14 LE IC - C.ey 1,J V Name(s) of Signer(s) 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. 00.1-My JENNIFER ANN MULVEY Notary Public - California OrangeCounty Commission # 2375299 Comm. Expires Oct 12, 2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my In Signature OPTIONAL and official seal. of Motary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Irrevocable Offer to Dedicate Vertical Public Access Easement and Declaration of Restrictions dated January 5, 2024 IACKNOWLEDGEMENT -3 Recorded in Official Huyen, yiem-Recorcier III IIIIIIEII III II INlllll I II III IIIIEIIIII llllllllllll llll 11126HO $ R 20240000117101,20 On 01/18124 371 NC-5 D03 D05 34 1 RECORDING REQUESTED BY .AND 0,00 0.00 0.00 0.00 99.00 0.00 0.000.00150.00 6.00 2 3 WHEN RECORDED RETURN TO: California Coastal Commission 4 455 Market Street, Suite 300 San Francisco,, CA 94105 5 Attn: Legal Division 6 l?N(s):050-45 1 -0 1, 0.50-451-02, 0507451-03, 050-451-060, 050-451-10, 7 050-451-.55, 440-132-39, 440-132�51 S 9 10 12 13 14 15 16 17 18 19 20 .21 22 23 24 25 26 27 IRREVOCABLE OFFER TO DEDICATE VERTICAL PUBLIC ACCESS EASEMENT AND - DECLARATION -OF =RES-T-RICT-IONS T141S IRREVOCABLE OFFER TO DEDICATE VEW11CAL.PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS. (this "Offer") is made as of the date set forth on the signature page hereto by The Irvine Company LLC; a Delaware limited liability company ("Grantor".). .1. WHEREAS,. Grantor is the legal owner of a fee interest of certain real property located in Orange. County, State of California, described in EXHIBIT A, attached hereto and incorporated herein by this reference (the "Property"); and II. WHEREAS, the California Coastal Act of 1976 (the "Act"), which is Codified in Division 20 of the California Public Resources Code (" PRC"}, PRC Sections 30000 to 30900, defines a "Coastal Zone" for the State of California to which most of the Act"s provisions apply (PRC Section.30103) and all of the Property is located within that. Coastal Zone; and Ill. WHEREAS, the Act created the California Coastal Commission (the "Commission') and requires that any development approved by the Commission must be consistent with the policies of the Act; and IV. WHEREAS, on February 9, 2017,. the Commission coridiitionally approved Coastal Development Permit No. Q5-15-0087, and on April 1.2.3 2023, approved an amendment to First ArnericanTifle►nsumnca ITIPM Natior ai commercial Services 1 1850Q van Kamtan Ave, suite 6W Irvine. CA 92612 File Na: NOS. a ument Number. 2.024000011710 Page: 1 of 35 10 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 coastal development permit number 05-15-00$7, and on May 12,. 2023, issued Amended Coastal Development Permit No 5-15-0087-A2 (collectively, the. "Permit"), attached hereto as EXHIBIT B, in accordance with the staff recommendations and findings report (which report is on file and available for review at the Commissions office and is incorporated herein by this reference) (the "Staff Report'), subject to, among other conditions, the conditions listed under the heading "Special Conditions" and incorporated herein by this reference, including, but not limited to, the following. conditions (the "Conditions''); 15. Offer to Dedicate for Public Access Easement for Vertical Access A. PRIOR TO :ISSUANCE OF THE CERTIFICATE OR USE AND OCCUPANCY FOR THE and record. a document(s) in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private entity, approved by the Executive Director, a public access easement for public access and.recreational uses.. The easement shall be an. Moot wide public walkway for vertical public access to the public boat dock and .Newport Bay. Such easement shall he located from the northeast comer ofthe [at adjacent to E. Coast .Highway then along. the northern apportion of the site as it travels west. to the public dock and Newport Bay, as generally, depicted in Exhibit No. 2, page 2. The recorded documents) shall include a legal description andcorresponding graphic depiction of the legal .pareel(s) subject to this permit and a metes and bounds legal description and a corresponding graphic depiction, drawn to scale, ofthe easement area prepared by a licensed surveyor based on an on -site inspection of the casenieni' or dedicated area. The public access easement shall be ambulatory, and the easement boundaries and amenities (e.g., path, trail, benches; etc) shall move inland within. the permittee's property, ifrelocation and/or reconstruction of access -amenities in the easement. area are necessary to retain their continuity and/or utility, No development except for construction of the public walkway, including paving hardscape, landscape, utilities, public access amenities, and signage as necessary, shall occur within the above identified easement. B. The irrevocable offer to dedicate shall be recorded free of prior liens and any other encumbrances that the Executive Director determines may. affect th e. interest being: conveyed. The document shall provide that the offer of dedication shall not be used or construed to allow anyone to interfere with any rights of public access acquired through use which may exist on the property. C. The irrevocable offer to dedicate shall run with the land in favor -of the People of the State of California, binding successors and assigns of the applicants or landowner in perpetuity, and shall be irrevocable for a period of 21 years, such period running from the date of recording, and indicate that the restrictions on the use of the land shall be in effect upon recording and remain as Document Number: 20240.00011710 Page: 2 of 35 covenants, conditions andrestrictions running with the land in perpetuity, notwithstanding any 1 revocation of the offer. 2 V. WHEREAS, the. Property is a parcellocated between the first public road and 3 the shoreline; and 4 VI.. WHEREAS, under the policies of Sections 30210 through 30212 of the PRC, 5 public access through the Coastal Zane is to be maximized; and 6 VII. WHEREAS, the Commission found that but for the imposition of the 7 Conditions, the proposed development could not be found consistent with the public access. 8 policies of Sections 302I0 through 30223 ofthe.Act and that, therefozr, in the absence of such 9 Conditions, the Permit could. not have been granted; and 10 Vill. WHj3REAS, Grantor -has elected to comply with the Conditions and execute 25 26 27 NOW AND THEREFOR, in consideration of granting. of the Permit to Grantor by the Commission and for. other good and valuable.consideration, receipt of which is hereby adknovwledged, the Grantor hereby irrevocably agrees and covenants with the Co.mmissiori that there be and hereby is created the following restrictions on the use and enjoyment of the Property, to be attached to and become a part of the deed to the Property.; binding successors and: assigns in perpetuity, and irrevocably offer to dedicate to the People of the State of California avertical public access easement in gross and in perpetuity over the portion of'the Property as described below. 1. DESCRIPTION. The easement offered hereby (the "Easement".) shall be an 8-foot wide public walkway for vertical public access to the public boat dodk and. Newport Bay, as generally depicted in Exhibit N�Io. 2, page 2 of the Staff report, and as specifically described and depicted in EXHIBIT C,attached hereto and incorporated herein by this reference; provided, however, that the public access easement area shall beambulatory, and the..easement boundaries and amenities (e.g,, path, trail, benches, etc,) shall move inland within the Property if relocation and/or roconstruction.ofaccess amenities in the easement area are necessary to retain Choir contlhuity and/or utility (the. "Easement Area"). 3 Document Number; .2024000011710 Page: 3 of 35 I 2 2. PURPOSE, The Easement is for the purpose of public access and recreational uses. 3 3. DECLAtiA.TLON OF RESTRICTIONS. 4 (a) No development, as defined in Section 30106 of the Coastal Act, shall occur S. within the Easement Area except for construction of the public walkway, including paving 6 landscape, landscape, utilities, public access amenities, and signage as necessary. 7 (b) This Offer shall not be used or.construed to allow anyone to interfere with any 8 rights of public access acquired through use which may exist on the property; Grantor shall not 9 interfere with the public's use of the Easement Area nor take any action inconsistent with such 10 use, including,. without limitation, constructing or improving the Property in a manner 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 17' may temporarily relocate the vertical public access required hereunder.if necessary during the construction or maintenance within the Easement Area so long as an 8-foot.wide public walkway for vertical public access to the public boat dock and Newport .Bay is provided at all times, the duration. ofthe .temporary interference is reasonably necessary, and the temporary 8-foot wide public walkway complies with all other material permit conditions. Grantor shall retain all normal rights. and incidents of ownership of the underlying fee interest in the Property not inconsistent with the Easement. (c) The restrictions onthe use of the Property set forth in this Offer shall be in effect upon recording this document and shall remain as covenants,. conditions and restrictions running with the land, binding Grantor and its successors and assigns in. perpetuity, notwithstanding the acceptance. or any revocation of the offer. 4. MAINT.ENANCE. Grantee (defined below) .shalt be responsible fot maintenance of the vertical access pathway;. provided; however, that Grantor: may maintain the.vertical access pathway with. Grantee's written consent. Grantor or the succeeding owners of the Property shall be responsible for the implementation, development, maintenance and relocation of the public 4 Document plumber: 202400.0011710, Page: 4 of 35 access development, including all trait sigaage and trail amenities described in Section 3 above, 2 3 5. DURATION, ACCEPTANCE AND TRANSFERABILITY. This Offer shall be. 4 irrevocable for a period of21 years from the date of recordation hereof: This Offer may be .5 accepted by a public agency or a private entity acceptable to the Executive Director of the 6 Commission ("Grantee"). Such acceptance shall be effectuated by recordation by Grantee 'of an 7 acceptance of this Offer in the form attached hereto as EXHIBIT D. Upon such recordation of S acceptance, this Offer and its terms, conditions and restrictions shall have the effectof a grant of 9 vertical public access easement in gross and in perpetuity that shall run with the land and be 10 binding on the heirs, assigns, and successors.ofthe Grantors, After. acceptance, the Easement 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 hereinabove stated. Acceptance of the Offer is subject to a covenant which runs with the land providing that Grantee may not abandon the Easement until such time as Grantee effectively transfers the Easement to an entity which qualifies as a. Grantee under the criteria hereinabove stated. No merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent -deed, grant, or assignment of an interest. or estate in the Property, or any portion .thereof, to Grantee, or its successors or assigns. Grantor, for itself and its assigns and successors in interest; covenants and agrees that the use ofthe.Property is hereby restricted .as set forth in this Offer and that such restrictions shall remain in full force and effect in perpetuity. It is the express intent of the parties that the. Easement or the restrictions hereof not be extinguished by, merged into, modified, or otherwise deemed affected by any other interest or estate in the Property now or hereafter held by the Geantee.or its .successors or assigns. 6. REMEDIES. Any act, conveyance, contract, or authorization by the Grantor, whether written or oral, which uses or. would cause to be used, or would permit use of the Property in a manner contrary to the terms of this Offer, will be deemed a violation and a breach hereof. The Grantor, any Grantee accepting this Offer, any offeree of this Offer and the Commission may pursue 'any and all available legal and/or equitable remedies to enforce the terms and conditions of s Document Number: 2024000011710 Page: 5 of 35 I the Offer and the. Easement and their respective interests in the. Property. In the event.of a breach, 2 any forbearance on the part of any such party to enforce the terms and provisions hereof shall not 3 be deemed a waiver of enforcement rights regarding any subsequent breach. 4 7. TAXES AND ASSESSMENTS. Grantor agrees. to pay or cause to be paid all real 5 property taxes and assessments levied or assessed against the .Property. It is intended that this 6 Offer and the use.restrictions contained herein shall constitute enforceablerestrictions within the 7 meaning of (a) Article XII I, Section 8; of the California Constitution; and (b) Section 462.1 of the 8 California Revenue and T"atior Code or successor statute. Furthermore, this Offer, the 9 Easement, and its restrictions shall be deemed to constitute a servitude upon and burden to the 10 Property within the meaning of Section 3712(d) of the California Revenue. and Taxation Code, or 12 13 14 1S 16 17 18 19 20 21 23 24 25 26 27 8. RIGHTOF ENTRY. The Commission or its agents may enter onto the Property at times reasonably acceptable to the Grantor to ascertain whether the restrictions set forth in this Offer are: being observed. 9. SUCCESSORS AND ASSIGNS, The terms, covenants, conditions, exceptions, obligations and reservations contained in this Offer shall be deemed to be covenants, conditions and restrictions running. with the land and shall be binding upon and inure to the benefit of the successors and assigns of both the Grantors and the Grantee, whether voluntary or involuntary. 10.. SEVERABILI`I'Y. If any provision of this Offer is held to be. invalid, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. Dated:_ SjAnUAM , 2023 � j 'he Irvine. LLC, a.DelaWare limited liability company iigned: _ A Signed: RO{IEIL P ,' , I' JUS`I'IN VICE PRESIDENT, FINANCL & HU SS PROPERTIES AAMIbnTRATION, CORPORATE BUSINESS PROPERTIES 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, Document Number: 2024000011710 Page: 6 of 35 2 4 S 6 7 9 10 12 13 14 1� 16 17 18 19 20 21 22 23 24 25 2G 27 A NOTARY PUBLIC OR HER OFFICER CaMPLETiNG THIS CERTIFICATE VERIFIES ONLYTNE I[iENTIrY D?HE INDIVIDUAL WHO SIGNED THE DO Cf1MLINTTo WHICH THIS CERTIFICATE (S A'I ACH,eo, A ' NOTrHE TRUTHFULNESS, ACCURACY, t7R V LIDITY OF STATE OF CALIFORNIA COUNTY OF Orange On.. January 52024 , before me, Kindra Chenier Gladish _-, a Notary Public, personally appeared. Roger Ploum -- _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aEe subscribed to the within instrument, and acknowledged to me that he/sheer executed the same in his/t t i� authorized eapacity(ies), and that by his/heAheir 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. RINDRA CHBNIER�Z!"DISN -YY l.-,4A\J�AK7V-A Li,'-11[A11Ki Chihli-V.CKAITLAt JVQ:1. � u!a(S�p-t�oUtl:y Contmisilon,19 {-.., My Comm, Exstrei'Aar s'Mat 25, 20 2015 SignatU]' �r .. (,.Feat). A notary public or tither officer completing this certificate verifies only the identity of the individual ~ who signed the document to which this certificate is attacbecl, and not the truthfulness, accuracy, or validity of that document, STATE OF CALIFORNIA COUNTY OF Orange On January5, 2024 , be ore me, Kindra Chenier-Gladish _ a Notary Public, personally appeared Justin Kim , who proved. to me on the basis of satisfactory evidence to be the persons) whose naxne(s) .is/a-m subscribed to the. withit' i instrument and acknowledged to 'me that liel&ha . executed the same in his/h#A4heir authorized capAcity(ies), and. that by his/hee�. 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. KINDRA MINIM GLAOISH WITNESS m han xd official seat. Nntary Pijbilc- Californl y seaOrange County �. Gommiailan tl 2352959 My Comm. {ra 1.45 rear 21. 2025 Signature (Seal) Document Number: 20240000117.10 Page: 7 of 35 1 The Irrevocable Offer to Dedicate Vertical Public Access Easement.and Declaration of 2 Restrictions set forth above is hereby acknowledged by the undersigned. on behalf of the 3 California Coastal Commission pursuant:to authority it conferred when it granted Coastal 4 Development Permit No. 05-15-0087 on February .9, 2017, and on April 12, 2023, approved an .5 amendment to coastal development permit number 05-15-0087,. and on May 12, 2023, issued Amended Coastal Development Permit No 5-15-0087-A:2;aba the California Coastal Commission 711 donsents. to recordation. thereof by its. duly authorized representative, E 12 13 14 15 1.-6 17 18 19 20 21 22 23. 24 25 26 27 Dated:. kr - '-�a >t W Karla 0lve Seni r Counsel 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 CQD�La= C-C�r On �� 27_ � G .'J ,Pefbre me; yC� l"l&A i5 . - - - - , a Notary Public, personally appeared '` ,who proved tome on the basis of satisfactory evidence to be the persono whose name is/,are"subscribed to the within instrument and.acknowledged tome that.k61she/tlpexecuted the same in [}usher/tW authorized capacity ' g, and that by 1 herf Ir signatureK6n the instrument the person�<br 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 hand and o f ci 1 seal. *my KAREN MCINNIS Signature (Seal) Notary Public -Cal orn1.aContra Costa county Comml 6n ii 2419116 Comm, Expire(i, 2026 Document Number: 2024000011710 Page: 8 of 35 EXHIBIT A. 2 3 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 4 The Land xefeffed to herein below is situated in the City of Newport Bcacb, County of Orange, 5 State of California, and is described as follows: 6, PARCELS I THROUGH 3 INCLUSIVE OF PARCEL MAP NO. 93-206, AS SHOWN ON A MAP FILED IN BOOK 289, PAGES I THROUGH 7 INCLUSIVE OF PARCEL MAPS, IN THE 7 OFFICE OF THE COUNTY RECORDER OF ORANGE. COUNTY, CALIFORNIA. 8 0N(s):05.0451.015 050-451-02,050-451-03,050-451.-060,050-451-10, 9 1-55,440-1:32-39,440-132-51 10 12 13 14 15 16 17 18 10 20 21 � 21 23 24 25 26 27 9 Document Number: 202400001-1710 Page: 9 of 35 I EXHIBIT B 2 3 AMENDED COASTAL DEVELOPMENT PERMIT NO. 5-1.5-0097-A2 .4 5 6 7 8 9 10 12 13 14 15 1.0 17 is 19 20 21 22 23 24 25 26 27 10 Documeht Number, 2024000011710 Page: 10 of 35 STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CA LIFOR.NIA COASTAL COMMISSION soutH COAST bImTRICT OFFICE 301 E. OCEAN BLVD., SUITE. 300 LONG BEACH, CALIFORNIA 005024830.. PH (562) 690'-5071 FAX (562) 590-5084 WWW.COASTAL..CA:GOV May 12, .2023 Perrhit.Application No.: 5-15-0087-A2 On February 9, 2017, the California Coastal Commission approved Coastal Development Permit No. 5-1.6-0087 and on April 12, 2023, the California Coastal Commission approved an amendment to Coastal Development Permit No. 5-15-0087 requested by the Irvine Companyand. the City of Newport Beach subject to the attached conditions, for development consisting of: the. following landside and waterside development: An the waterside, 9,600 cubic yards. of dredging is proposed. - and -the-existing-private;-marina-will-be-oxpanded- and -a-new-public dock system will be Installed. The existing riprap slope will be removed and replaced with a new riprap slope landward. On the. landward side, the existing surface parking area and an existing building will be: demolished and a new one-story,14, 252 square foot restaurant will be constructed. In addition, there will be grading, hardscape and landscape installed, the parking lot will be redesigned, a new restroom will be constructed, and a dedicated public walkway from E. Coast Highway to the new public dock system will be installed. at 201 B. Coast Highway, Newport Beach (Orange County) (APN(s): 050451-01, 050-451-02, 050-451-03, 060-461-060, 060-451,09, 050-451-10, 050-451-65, 44tf-132- 39, 4404 32-51) This amended coastal development permit will become effective upon return of a signed copy of this form to the Commission office.. Please note that the original permit conditions unaffected by this amendment are still in effect. cc: Commissioners/File Kate Huckeibridge, PhD Executive Director Fernie Sy Coastal Program Analyst Page 1 of 17 Document Number: 202400.0011710 Page: 11 of 35 Page 2 May'! 1, 2023 Derr ilt Application Number: 5-15-00374-A2 AMENDED COASTAL DEVELOPMENT PERMIT ACKNOWLEDGMENT: The -undersigned pormittee acknowledges- receipt of this permit, and -agrees to abide by all terms and conditions thereof. A. - The uridersigned permittee ackhowledges that Government Code Section 818.4 which states. in pertinent part" of that: 'k.A Pixblic entity is not lEable for injury caused by the Issuance... -of any permit;,;" applies to the issuance of this permit. IMPOETANT, THIS PERMIT IS NOT VALID UNLESS.AND UNTIL A COPY OF THE VERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS SEEN RETURNED TO ---THE. COMMISSION-OPF40E, 14 C3al-Admin-G �3'i 8 a); f�afii3: ,�� .� .. � SEgnattxre 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 perrnikkee or authorized agent, acknowledging receipt Qf the permit and acceptance of the terms and conditions; Is returned to thr: Corhinlsslori office. 2. Expiration. If development has not commenced, the -.permit will .expite two years from tha•date on which the Commission voted on the apl illation. Development shall be pursued In wdiligent mangler and completed in p reasonable,period of time. .Applicatibnextension of the permit must be made prior to the expiration date, 3. itlteroi etatlon. Any questions. of intent or interpretatiob of any condition will be resolved by,the• EYecutive Director or the Commission. 4. As6l9fifnent. The permit may- 'assl'gned to any qualified person, provided assignee files with the Commission an affldavlt acoapting gll'terms and conditions.of the permit. S. Terms and Condiflons Run with the Land. These terms and conditions shall be perpetual, and it is,the intention of the Commissionn and :the permittee to bind all fixture owners and possessors of the subject property, to ithe terms and conditions< Document Number: 20240000117-10 Page: 12 of 35 Page 3 May 11, 2023 Permit Application Number: 5-16-0087-A2 SPECIAL CONDITIONSI 1. Avoidance of Sensitive Species, A. Nesting Birds. Prior to commencement of any construction activities between February 15 through August 31, a qualified biologist shall conduct a breeding .behavior and nesting survey for birds, protected by the United States Fish and Wildlife Service, California Department of Fish and Wildlif6,. the Migratory Bird Treaty Act, and California species of special concern within 300 feet of the project site (500 feet for raptors and owls). If any occupied nests of any sensitive species are discovered, construction activities within 300-feet of the nest.(500- feet for raptors and owls) shall be monitored to ensure that construction noise levels do not exceed 65 dB peak within 100 feet of wlt ' he nest until the nest is J vacated -And' uvenlies have'fledgpd-and theraif�-o-n-g-e-r-evidence - of a second attempt at nesting. The applicants shall implement a larger buffer If the biologist recommends a larger buffer from the nest area. 13. Sensitive Species Monitoring. Prior to undertaking any development including, but not limited to, construction, grading, or excavation, a qualified biologist shall survey the project site to determine whether sensitive bird spec! . es, including but not, limited to Callfomia Least Tern- and/or the California Brown Pelican, are present within I 00-feet of the projectsite, and whether sensitive plant species, In , eluding but not limited to Sagebrush Scrub. Any Identified species shall be flagged for avoidance. C. An appropriately trained biologist shall monitor the proposed development for disturbance to. sensitive species or habitat area. At minimum, monitoring shall' occur once a week during the breeding season, and.once every two weeks during the nonbreeding season, during any week in which construction occurs. Daily monitoring shall occur during development which could significantly impact biological resources such as construction that could result, in disturbances to sensitive species. Based onfleld observations, the biologist shall advise the applicants regarding methods to avoid significant. impacts which could occur to sensitive species or habitat areas. . D. "Rarrip up" pile -driving activities (referred to as a "soft start") at the start of pile - driving activities (at the beginning of the day, and at restarting of construction after lunch breaks,. or other pile driving interruptions of longer tha'n'15 minutes). 2. Revised Ealgrass Mitigation ' PRIOR Plan. TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall Submit for review and written approval of the Executive Director, two (2) copies of a final eelgrass mitigation plan for the replacement of eelgrass adversely impacted by the project that shall be in substantial Document Number: 2024000011710 Page: 13 of 35 Page 4 May 11, 2023 Permit Application Number: 5-15,0087-A2 conformance with the Marine Biological Impact Assessment For The Balboa Marina West Project, Newport Bay, Orange County, California prepared by Coastal Resources Management, Inc. dated December 12, 2013 (Revised March 1.1, 2015) and April 28, 2016 (Revised May 17, 2016). The plan shall be prepared in consultation with the California Department of Fish and Game and the National Marine Fisheries Service. (NMFS). The plan shall be prepared consistent with the requirements identified below, and otherwise following the guidelines of the California Eelgrass Mitigation Policy and Implementing Guidelines dated October 2014 (CEMP). The latter includes but is not limited to those guidelPnes focused on: eelgrass mapping; surveying; impact determinations; mitigation site seledtion, size, and.methods; and; monitoring and success criteria. The plan shall provide that: 1. All direct impacts to eelgrass and indirect impacts to eelgrass (e.g;, shading -or-scou'r)-shall-be-mitigated-at a minimum final-ratio.W 1 38:1-(mitigation: --- impact); 2. Adverse Impacts to eelgrass shall be mitigated in -kind, on -site to the maximum extent feasible and, for any portion that cannot feasibly be mitigated on -site, off -site mitigation shall be required. The final location(s) of all on -site and off site mitigation shall be specifically identified; 3. Inventories of existing and historical information (including maps) shall accompany detailed descriptions for each of the following sites: I. Eelgrass beds within the approved construction site plus a 10m buffer area, including the areas identified as. susceptible to. potential eelgrass disturbance, and which should also be clearly indicated on the maps; H. Eelgrass beds, if any, within the mitigation site(s); iii. Eelgrass beds selected as the reference.site(s); 4. The proposed mitigation methods shall be described in detail, including specification of the mitigation approach. (e.g., recolonization, transplant via bare -root bundles, seed buoys, or transplant frames); whether the mitigation site requires any gort.of preparation; sources, quantities, spacing, etc. of donor eelgrass material; and, time estimates for recolonikation or transplant activities to be completed. 5. Prior to 'commencoment of construction of the portions of the approved project that would have unavoidable direct impacts on eelgrass, the eelgrass that would be directly impacted shall be transplanted to the mitigation site(s). Any additional mitigation necessary to achieve the milestones described in (8) Document Number: 2024000011710 Page: 14 of 35 Page 5 May 11, 2023 Permit Application Number: a-15-0087-A2 below should also be considered for. Implementation prior to the commencement of construction, In order to minimize temporal loss of eelgrass ecosystem function. 6. At minimum, a monitoring plan for the mitigation and reference sites shall follow CEMP guidelines, and specify: the criteria and process for reference site selection; sampling and/or census. methods to be used including frameworks, spatial resolutions, frequencies, and error; methods for statistical assessment; and, any other relevantdetails such that a specialist unfamiliar with the sites could readily interpret.and carryout the plan. Additional metrics (e.g., epifaunal load, blade: height or width, qualitative photography) may also be employed and should be thoroughly described. 7—Construction schedules -shall -be -provided, -including -specific -commencement and completion dates for all work, with attention to•the regional eelgrass growing seasons as described in the CEMP. 8. The CEMP-recommended annual performance milestones shall guide achievement towards the ininimuen final mitigation goal (i.e., attainment of 100 percent coverage of eefgrass and at least 85 percent density of reference site(s) over not less than 1.2 times the area of the impact site) within three years of completion of the initial mitigation activities, and sustain that goal for an additional two years thereafter. If achievement, of this performance milestone schedule is delayed for any reason, monitoring shall continue until the minimum. final mitigation goal has been sustained for an additional two years. 9. Reports shall be submitted to the Executive Director; as follows: Annually, with description of the results of the 0, 12, 24, 36, 48, and +60-month (post -planting) performance evaluations at the mitigation site(s), including the areal extent, percent coverage, and density of eelgrass at the mitigation and reference site(s;,.and any relevant observations,. recommended maintenance (including .replanting measures), or other adaptive management strategies recommendedfor consideration; ii. At the end of the proposed five-year period, a. comprehensive report -describing the results of the plan in detail, similar to that described above for the annual reports but with reference to the overall success of the mitigation effort; Document Number: 2024000011710 Page: 15 of 35 Page 6 May 11, 2023 Permit Application Number: 5-15-0087-A2 AMENDED COASTAL DEVELOPMENT PERMIT 10.A follow-up mitigation program shall be proposed if the original program is wholly or partially unsuccessful. Prior to implementation, this follow-up program shall be at least reviewed and approved by the Executive Director in writing, and may require an amendment to this permit. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally -required for any proposed minor deviations. 3. Eelgrass Survey(s). A. Pre -Construction Eelgrass Survey. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marl a)survey shall_ be_completed _during _the. period of active growth of eelgrass (typically March through October.). The pre - construction survey shall be completed within 60 days before the start of construction. The survey shall be prepared in full compliance with. the "California Eelgrass Mitigation Policy" dated October 2014 (except as modified by this special condition) adopted by the National Marine Fisheries Service.and shall be prepared in consultation with the California Department of Fish and Wildlife.. The applicant shall submit the eelgrass survey for the review and approval of the. Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen. (15) business days prior to commencement' of any development. If the eelgrass survey identities any eelgrass within the project area. which would be Impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post -Construction Eelgrass Survey, if any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within 30 days of completion of construction, or within the first 30 days of the next active growth period following completion of construction that occurs outside of the active growth period, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Califorria Eelgrass Mitigation Policy" dated October 2014 (except as modified by this special conditioh') adopted:.by the National Marine Fisheries Service and shall be prepared in consultation with 'the California Department of Fish and Wildlife. The applicant shall submit the post -construction eelgrass survey -for the review and approval of the Executive Director within thirty (30) days after.completlon of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass. at a minimum 1.38:1 ratio on -site, or at another location, in accordance with the California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of Document Number: 2024000011.710 Page: 16 of 35 Page 7 May 11, 2023 Permit Application Number: 5-1 5-0087-A2 1,38:1 (mitigation: impact). Any exceptions to the required 1.38:1 mitigation ratio found within CEMP shall not apply. Implementation of mitigation shall require an amendment to this pprmii or a new coastal development permit unless the Executive Director determines that no amendment or new permit Is required. 4. Pre-donstruction Caulerpa Tax1folia Survey. A. Not earlier than 90 days nor later than 30 days prior to commencement. or rip -commencement of any development authorized under this coastal development permit (the "project), the applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the.invaeive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B, The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California. Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of"the survey, the applicants shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommifte of the Southeirn California Caulerpa Action Team (SCCAT). The SCCAT Surveillance nce Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (5621980-4043.), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the. applicants- provides evidence ce to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complie's with all .applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the. applicants has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal. development permit unless the Executive Director determines that no amendment is legally required. Document. Number: 2024000011710 Page: 17 of 35 Page 8 May 11, 2023 Permit Application Number: 5-15-0087-A2 S. Construction Best Management Practices (IRMPs) During Landslide World. 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; G. Any and all debris resulting from demolition or construction activities shall be removed from the project site within 2.4 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 applicants shall provide adequate disposal facilities far 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; Hi 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; 1. Machinery and.equipmenf 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 shalt 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. Document Number: 2024000011110 Page: 18 of 35 Page. 9 May 11, 2023 Permit Application Number: 5-15-0087=A2 AMENDED COASTAL DEVELOPMENT PERMIT 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 onset of such activity; and M. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. G. Construction Best Management Practices (BMPs) During Waterside Work. The pen-nittee shall comply with the following construction related requirements? A. No demolition or-donstruction materials, equipment, 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. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project; C. 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; D. Machinery or construction materials not essential for project improvements will not be allowed at any. -time in the intertidal zone; E. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity; F. Floating booms will be Used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the .end of each day; G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss; H. All trash and debris shall be disposed'in'th6. proper trash and recycling receptacles at the end of every construction day. Document Number: 2024000011710 Page: 19 of-35 Page 10 May 11, 2023 Permit Application Number: 5-1.5-0087-A2 I. The applicants shall provideadequate disposal facilities for solid.waste, including excess concrete, produced during demolition or construction; J. 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; K. All stock piles- and construction materials shall be covered, enclosed dri.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; L. 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; M. The. discharge of any hazardous materials into any receiving waters shall be prohibited; N. 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; O. Best Management Practices (BMPs) and Good Housekeeping Practice6 (GHP's) 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 P. All BMP's shall be maintained.in a functional condition throughout the duration of construction activity.. 7. Construction Staging Plan, PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT the, permiftee shall submit for the review and approval of the Executive Director, two (2) full size sets of construction staging plans, which indicate that the construction staging area(s) and construction corridor($) will minimize public access impacts to the coast. 1. The plan shall demonstrate that: Document Number: 2024000011710 Page: 20 of 35 Page 11 May 11, 2023 Permit Application Number: 5-15-0087.A2 AMENDED COASTAL DEVELOPMENT PERMIT (a) Construction equipment, materials or activity shall not occur outside the staging area and construction corridor identified on the site plan required by this condition; (b) Construction equipment, materials, or activity shallnot be. placed within any habitat area or within 100-feet of any drainages; and (c) The. construction staging area will gradually be reduced as less materials and equipment are necessary. 2 The plan shall include, at a minimum, the following components: (aE) A site plan that depicts: (1) limits.of the staging area(s); (2) construction corridor(s); and (3) construction site; and (4) location of construction. fencing and temporary job trailer(s); and. (b) A narrative that describes and explains the plan The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes. to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that nol amendment is legally required. .8. Best Management Practices (8MPs) for the Long -Term Berthing of Boats. By acceptance o€.this permit the applicants agrees that the long-term water -borne berthing of boat(s) in the approved boat dock'andlor boat slip will be mana9ed in a manner that protects water quality pursuant to the implementation of the following E3MRSI. 1. Boat Cleaning and Maintenance Measures: - (a) In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris; (b) In -the -water hull scraping or any process that occurs under water that results in .the removal of paint from boat Malls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as Document Number: 2024000011710 Page: 21 .of 35 Page 12 May I I j 2023 Permit Application Number: &I 6-0087-A2 phosphate -free and biodegradable shall be used, and the amounts used minimized; and (c) The applicants shall minimize the use of detergents. and boat cleaning and maintenance products containing ammonia, sodium hypo0lorite, chlorinated solvents, petroleum distillates or lye. 2. Solid and Liquid Waste Management Measures: (a) All trash; recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline With water, absorbent materials, oily rags,. lead acid batteries, anti-freez6, waste diesel, kerosene and mineral -spirits shall not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations, 3. Petroleum Control Management Measures: (a) Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous Waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; (b) If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters. will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and (c) Bilge cleaners which contain detergents or emulsifiers will hot be used far bilge cleaning since they may be discharged to surface waters by the bilge pumps. 9. Native Landscaping, Drought Tolerant Non-invasive Plants. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and written approval of the Executive Director, two (2) full size sets of landscaping plans prepared by a qualified licensed professional.. The plan shad include the following- 1. Vegetated landscaped areas shall consist of native plants or non-native drought tolerant plants, which are non-InVasive. No plant species listed as problematic Document Number: 20240,00011710 Page: 22 of 35 Page 13 May-11, 2023 Permit Application Number: 5-15-0087-A2 FIX and/or invasive by the California Native Plant Society (http://www.CNP$.org/), the California Invasive Plant Council .(formerly. the California Exotic Pest Plant Council) (hfp:l/www.cal-ipc.org/), 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: http://www.water.ca.gov/wateruseefificienoy/docs/wucols00.pdf). 2. A map showing. the types, size, and locations of all plant materials that will be on the site, the temporary irrigation system, topography of the developed site, and all other landscape features; 3. A schedule for Installation of native plants/rem6val of non-native plants; and 4. The site shall be stabilized immediately with jute matting or other BMPs after any grading occurs to minimize erosion during the raining season (November 1 to March 31) if plantings have not been fully established; and 5. Use of reclaimed water for irrigation is encouraged. If using potable water for irrigation„ only drip or microspray irrigation systems may be used. Other water conservation measures shall be considered, such as weather based irrigation controllers. The permitteeshall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plans shall be reported to the Executive Director, No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally repaired. 10. County of Orange Approval. PRIOR TO ISSUANCE OF THE CERTIFICATE OF USE AND OCCUPANCY FOR THE PUBLIC DOCKS, the.applicants shall provide to the Executive Director a copy of a letter of permission or approval from the. County, of Orange regarding the proposed project, or evidence that no permit or permission is required; The applicants. shall inform the Executive Director of any changes to the -project required -by the-County-of-Orange.--Such-changes-shall not be Incorporated into the project until the applicants obtains a Commission amendment to this coastal development permit amendment, unless the. Executive Director determines that do amendment is legally required. 11. No Future Shoreline Protective Device. A. By acceptance of the permit, the applicants/landowner agrees, on behalf of itself and all successors and assignees, that no new shoreline protective device(s) Document Number: 2024000011710.Page: 23 of 35 Wage 14 May 11, 2023 Permit Application Number: 5-15-0087 A2 shall ever be constructed to protect the landside development approved pursuant to Coastal Development, Permit No.. 5-15-0087 including, but not limited to, the restaurant, private marina boater restroom and any other 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/landowner hereby waives, on behalf of itself and all successors and assigns, 'any rights to construct such devices for landsid.e development that may.exist under applicable law. B. By acceptance of this permit, the applicants/landowner further agrees, on behalf of itself and all successors and assigns, that the landowner shall remove the development authorized by this permit including, but. not limited to; the restaurant, private marina boater restroom, if any government agency has ordered that the structures are not to be occupied due to any of the hazards identified above, or if any public agency requires the. structure to. be removed, or if the .State Lands Commission requires the structures to be removed in the event that they encroach on to State tidelands. If any portion of the development at any time encroaches onto public property, the permittee shall either remove'the encroaching portion of the development or apply to retain it. Any .application to retain it must include proof of permissionfrom the owner of the public property. The permittee shall obtain. a coastal development permit for removal of approved development unless the Executive Director determines that no coastal development permit is legally required. 12. Assumption of Disk, Waiver of Liability and Indemnity. By acceptance of this permit, the applicants 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 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 Commisslon, its officers, agents., and employees with respect to the Commisslon'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. 13. Future Development. This permit is only for the development described in Coastal Development Permit No. 5-15-0087. Pursuant to Title 14 California Code of Regulations Section 13253(b)(6),'the exemptions otherwise provided in Public Resources Code Section 30610(b) shall not apply to the development governed by Coastal Development hermit No. 5-15-0087, Accordingly, any future improvements to Dbcument Number: 2024000011710 Page: 24 of 35 Page 15 May 1 l , 2023 Permit Application Number: 5-15-0087-A2 w the marina and restaurant or any changes to the parking managbment plan or use of the site 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 Coastal Development Permit No. 5-15-0087 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government.. 14. Final Updated Flans, A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit,. for the Executive Director's review and approval, two (2) full size sets of the following final updated plans, modified as required below: 1. Foundation plans with an included narrative ascribing the foundation system accompanied with a geotechnical analyst prepared by an enginner;, and 2. The coastal public access sign plan shall substantially conform with the plans received on March 1, 2016, 2016, except they shall be modified -as, required below: a. The coastal public access'sign plan shall show the location of the visitor-serving/coastal access directional sign(s) located In a conspicuous locations along E. Coast Highway,'In the adjacent parking lot and ,as near as possible to the proposed dock; and b. The proposed sign(s) shall be in compliance with the Coastal Access Sign Program that is a part of the City`s certified LCP. B. All final updated plans shall be prepared and certified by a licensed professional or professionals as applicable (e.g., architect, surveyor, geotechnical engineer), based on current information and professional standards, and shall be certified to ensure that they are consistent with the Commission's approval and with the. recommendations of any required technical reports. C.- The permittee. shall ,undertake_development_in conformance with the approved final updated plans unless the Commission amends this permit or the Executive. Director determines that no .amendment is legally required for any proposed minor deviations. 15. Offer to Dedicate for Public Access Easement for Vertical Access A. PRIOR TO ISSUANCE OF THE CERTIFICATE OF USE AND OCCUPANCY FOR THE PUBLIC DOCKS, and in order to implement the applicant's proposal, Document Number.: 2024000011710 Page: 25 of 35 Page 16 May 11,.2023 Permit Application Number: 5-15=0087-A2 the applicant shall execute and record a documents) "in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to. a public agency or private entity, approved by the Executive Director, a public access easement for public access and recreational uses. The easement shall be an 8� foot wide public walkway for vertical public access to the public boat dock and Newport: Say. Such easement:shall be located from the northeast corner of the lot adjacent to E. Coast Highway then along the northern apportion of the site as it travels west to the public dock and Newport Bay, as generally depicted in Exhibit No. 2, page 2. The recorded document(s) shall include a legal description and corresponding graphic depiction of the legal parcei(s) subject to this permit and a metes and bounds legal description and a corresponding graphic depiction, drawn to scale, of the easement area prepared by a licensed surveyor based on an on -site inspection of the easementor dedicated.area. The public access easement shall be ambulatory, and the easement boundaries and amenities (e.g., path, trail, benches, -etc.) shall move. inland within the perrnittee's property, if relocation and/or reconstruction of access amenities in the easement area are necessary to retain their continuity and/or utility. No development except for construction of the public walkway, 'including paving hadscape, landscape, utilities, public access amenities, and signage as necessary, shall occur within the above - identified easement. B.. The irrevocable offer to .dedicate shall be recorded free of prior liens and any other encumbrances that the Executive Director determines may affect the interest being conveyed. The document shall provide that the offer of dedication shall not be used or construed to allow anyone to interfere with any rights of public access acquired. through use which may exist on the property. C. The irrevocable offer to dedicate shall run with the land in favor of the People of the State of California, binding successors and assigns of the applicants or landowner in perpetuity, and shall be irrevocable for a period of 21 years, such period running from the date of recording, and indicate that the restrictions on the use of the land shall be in effect upon recording and remain as covenants, conditions and restrictions running with the land in perpetuity, notwithstanding any -revocation -of the offer. - - - -- - --- ---_ _ _ ---- - -- - 16. Off -Site Parking. The sixteen parking spaces located.at the 1000 Bayside .Drive off -site parking lot (as generally depicted on Exhibit No.1, page 1) must be provided for the life of the restaurant use located at the project site, 201 E. Coast Highway, Newport Beach. Any proposed changes to the parking shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission Document Number: 202400001171.0 Page: 26 of 35 Page 17 May 11, 2023 Permit Application Number, .6-16-0087-A2 amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 17. Deed Restriction. PRIOR TO ISSUANCE OF THE CERTIFICATE OF USE AND OCCUPANCY FOR THE PUBLIC DOCKS, the applicants shall submit to the Executive Director for review and approval documentation demonstrating that the landowners have 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 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 prop". Document. Number: 2024000011710 Pap: 27 of 35 14 6 10 11 12. 13 14 is 16 17 18 1:9 20 21 22 23 24 2s .26 27 5 � EXHIBIT C LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF VERTICAL PUBLIC ACCESS EASEMENT AREA 11' Document Number: 2024000011710 Page: 28 of 35 EXH113IT "B" LE= DESCR . IPTION ZASEMNT AREA THOSE PORTIONOF PARCELS 1, 2 AND 3 OF PARCEL MAI? NO. 93-206,. IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 289, PAGES I THROUGH 7, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DYING WI*TAIN A STRIP OF LAND R-00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: C0142NCINa AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE 'HAVING A .BEARING AND DISTANCE OF '!NORTH 01045146' WEST, 100.00 FEET" IN A WESTERLY LINE or SAID PARCEL 1; THENCE, ALONG A NORTHERLY .LINE OF SAID PARCEL 1, SOUTH 88*13"1A" WEST, 100.02 FEET; THENCE, LEAVING SAID NORTHERLY LINE OF PARCEL 3., SOUTH 01-46146" EAST, 7.72 FEET TO THE POINT OE` BEGINNING; THENCE, TRAVERSING THE INTERIOR OF SAID PARCELS 1, 2 AND.3, THE FOLLOWING COURSES: NORTH 86636'07'T EAST, 88.41 FEET; NORTH 88013'31411 EAST, 257.85 FEET TO THE BEGINNING ON A CURVE CONCAVE NORTHERLY HAVING A RADIU$.QF 17.00-FEET; EASTERLY 10'.72 FEET ALONG SAID CURVE THROUGff A CENTRAL ANGLE OF 36007'44" TO THE BEGINNING OF A RE -VERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 9.00 FEET AND TO WHICH. A RADIAL LINE BEARS NORTH 37*5413011 WEST; 'EASTERLY 5.6.8 FEET ALONG SAID REVERSE CURVE THROUGH A CENTRAL. ANGLE or 36007144.", NORTH 886.1-3114" LAST, 88.72 FEET TO THE MIMING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS or 9.00 FEET; EASTERLY 5.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE Or, 3.6007i44" TO THE BEGINNING NING OF A REVERSE CURVE CONCAVE- NO . RTHERLY HAVING .4, RADIUS Or, 17.00 FEET AND TO WHICH A RADIAL LINE BEARS SOUTH 34*20t58" WEST; EASTERLY 10.72 FEET ALONG SAID REVERSE CURVE THROUGH A. CENTRAL. ANGLE - OF. 36007'44"; NORTH 88013114" EAST,75.52 FEET TO THE BEGINNING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 6-4..00 FEET; V.VO421wliva120424312001SUTvVy.\Iogals\Public Access E . SML20220503.doo Document Number: 2024000011710 Page: 29 of 35 i OF 2 EXHIBIT 'B" LEGAL DESCRIPTION EASEMENT AREA EASTERLY 18.68 FEET ALONG SAID CURVE THROUGH A CENTRAL.ANGLE OF 16*48130n TO THE BEGINNING OF A REVERSE. CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1082.75 FEET AND TO WHICH A RADIAL LINE BEARS SOUTH 14056144" VEST, EASTERLY 33.89 FEET ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE Or 010-47137" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 94.00 -FEET AND TO WHICH A- RADIAL LINE BEARS NORTH*13'09'07" EAST, EASTERLY 22..28 FEET ALONG 'SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 13034'51" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A.. RADIUS OF 94.00 FEET AND TO WHICH A RADIAL LINE BEARS SOUTH-26043.T58:11 WEST; EASTERLY 46.78 FEET ALONG NG SAIL? REVERSE CURVE THROUGH A CENTRAL ANGLE OF!28130144"; NORTH. 88013'14" EAST, 28.60 FEET.; NORTH 30016158" WEST, 4.76 FEET TO T14E NORTHERLY BOUNDARY OF SAID PARCEL 3. THE SIDELINES OF SAID STRIP SHALL BE LENGHTENED OR SHORTENED TO END AT SAID NORTHERLY BOUNDARY OF PARCEL 3. ALSO AS SHOWN ON EXHIBIT "Cp ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, REUIRVATIONS, EASEKENTS, AND RIGHTS —'OF -WAY OF RECORD, IF ANY.. PREPARED BY: STANTEC CONSULTING UNDER THE DIRECTION OF: JAMES 0. STEINES, P.L.S. 6086 MAY 3., ' 2022 J.N. 204.2 431240 V.,%20421uctivoUO42431-200kstlrvcy\legqls\Pubiio.Access Esmt 2022050.3,duc Document Number: 202400.0011710 Page:- 30 of -35 2 OF 2 LO -j 4 CL C" :3 00 V) w z IN 0 �Al 60 z M. 0 1 0�j"` (}. to 00 V LO Z 14-th ba N01*45'46 W IrJ Ed COS BD� Crj C14 C3 z 2 Z-►A" Document Number: 2024000011710 Page: 31 of .35 q; di cd 44 �-4 Ui b 0 n — Do IN WOthOS Ot. ek z Kw-4�"laq 00 00 Nq L,J C) z Ld Ld w t2 W .z Z3 L43 im 80 =0 00 (Z; z 1 2 3 4 5 6 7 8 9 10 11 12 13- 14 15 16 17 18 19 21 22 23 24 25 26 27 10-114-001 FORM OF ACCEPTANCE Document Number: 2024000011710 Page: 32 of 35. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL. COMMISSION 45.5 MARKET STREET, SUITE 300 SANN FRANCISCO, CA 94105 ATTN: LEGAL DIVISION E, XHIDIT D PERMIT NO: ACCEPTANCE CERTIFICATE PAGB QNo (j OF TWO (2) CERTIFICATE OFACCEPTANCE This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate Vertical Public Access Basement and declaration of Restrictions dated executed by and recorded on as Instrument Number , attached hereto as Exhibit 1 and hereby incorporated by reference, is hereby accepted by , a public agency/private association. on pursuant to authority.. conferred by resolution of the. adopted on , and the grantee .consents to recordation thereof by its duly authorized officer. By: .For: A notary public or other officer completing this certificate verifies only the identity of the individual who. signed the documentto which this certificate is: attached, acid not the truthfulness; accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 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/het/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) I 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 _ (Seal) Document Number: 2024000011710 Page: 33 of 36 PAGE TWO (2) OF TWO (2) ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION OF ACCEPTANCE OF OFFER TO DEDICATE is a public agency/private association acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Irrevocable Offer to Dedicate Vertical Public Access Easement and Declaration ofRestfictions executed by and recorded on , in the office of the County Recorder of _ County as .Instrument Number Dated: Califi mia Coastal Commission A notary public or other off"rcer 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 On __--- -- , 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 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 (Seal) Document Number: 2024000011710 Page: 34 of 35 qX4 THIS IS A CERTIFIED COPY OF TF RECORD IF IT BEARS THE. SEAL, SIGNATURE OF THE ORANGE COUNTY CLERK -RECORDER. DATE: :112312024 - CERTIFICATION FEE: -3-6DO -COUNTY CLERK -RECORDER ME ORANGE COUNTY STATE OF CALIFORNIA Document Number:. 202400001171E Page: 35 of 35