San Clemente City Council
April 16, 2024

Final Conservation Easement Sites 2 and 3

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Clemente
Attn: City Clerk
910 Calle Negocio
San Clemente, CA 92673
Space Above This Line Reserved For Official Use Only

CONSERVATION EASEMENT DEED

AND MAINTENANCEAGREEMENT
(Including Third-Party Beneficiaries)
Shorecliffs Golf Course Sites 2 and 3
This CONSERVATION EASEMENT DEED AND MAINTENANCE AGREEMENT ("Conservation Easement") is made as of March 20, 2024, by and between GC-8, LLC, a California limited liability company (“Grantor”), OC RE-HAB 1, LLC, a California limited liability company (“Manager”) and the City of San Clemente, a California municipal corporation ("Grantee"), (collectively, the “Primary Parties”) with reference to the following facts:

RECITALS
A. Grantor is a limited liability company duly organized and existing under the laws of the State of California, is registered to do business in the State of California and is the owner in fee simple of certain real property located in the City of San Clemente, County of Orange, State of California, which is legally described in Exhibit A attached hereto and incorporated herein by this reference (the “Golf Course Property”). The Easement Property is located within the boundaries of the Golf Course Property described in Exhibit B attached hereto and incorporated herein by this reference (“the Easement Property”).

B. Manager is a limited liability company duly organized and existing under the laws of the State of California, is registered to do business in the State of California and consists of George Zeber as its sole member and manager. For the purpose of the work described below, Manager is an agent of Grantor.

C. Grantee is a municipal corporation in the State of California with jurisdiction over the Golf Course Property and the Easement Property, and responsibility for local permitting and approval of construction within the Golf Course Property and the Easement Property. Grantee holds existing easements for a box culvert in, under, and around Sites 2 & 3 that was built in Attachment 5
Final Conservation Easement Sites 2 and 3

1994-1995 known as MO1 (the “MO1 Culvert”).

D. Slopes bordering the Golf Course failed between 2006 and 2011, necessitating slope stabilization and repairs together with construction of a different culvert on Site 1 (“Culvert”) and other drainage improvements in and after 2018. The Site 1 Culvert is a 7-foot by 7-foot box culvert and associated transition structures connecting to property owned by the California Department of Transportation (“CalTrans") at the upstream point and connecting to existing drainage improvements at Via Cascadita at the downstream point. As mitigation for impacts from these repairs and improvements, the Easement Property has been required to be reserved in perpetuity for conservation purposes pursuant to California Coastal Commission’s April 16, 2021 approval with conditions of Grantor’s Coastal Development Permit application no. 5-20-0446.
1 E. The surface of the Easement Property is suitable for contouring and revegetation with native riparian and upland vegetation possessing environmental values of importance to Grantee, the Third Party Beneficiaries identified in Recitals I and J below, and the people of the State of California. Upon completion of revegetation, the Easement Property will provide high quality natural, restored and/or enhanced habitat for wetland species, an upland buffer of coastal bluff/saltbush scrub, as well as restored, created, enhanced and/or preserved jurisdictional waters of the United States. Individually and collectively, these wildlife and habitat values comprise the “Conservation Values” of the Easement Property.

F. The Primary Parties have entered into a settlement agreement (“Settlement Agreement”) governing repair of failed slopes, construction of the Culvert, and short-term revegetation and management of the Easement Property, as well as other property within the Golf Course, pursuant to a Restoration, Mitigation, Monitoring and Management Plan (“RMMMP”), a copy of which is attached hereto as Exhibit C and incorporated herein fully by this reference. Under the Settlement Agreement, Grantor states its intent to convey this Conservation Easement over the Easement Property to Grantee, and Manager will be responsible for implementation of the RMMMP, under the supervision of and with maximum not-to-exceed funding by Grantee as stated in section 7 below, as holder of this Conservation Easement, and any additional funding to be made by Grantor to the extent that necessary costs exceed the maximum not-to-exceed amount funded by Grantee. The Primary Parties have concurrently also entered into a separate conservation easement that applies to the Shorecliffs Golf Course Site 1, which is also deed restricted as required by the California Coastal Commission.2 The Primary Parties intend for the maximum not-to-exceed funding amount by Grantee as provided in section 7 below, to be the maximum collective contribution by Grantee for the Easement Areas described in both this Conservation Easement for Shorecliffs Golf Course Sites 2 and 3 and in the separate conservation easement entered into between City of San Clemente as Grantee and OC RE-HAB 1, LLC as Grantor for Shorecliffs Golf Course Site 1. 1 California Coastal Commission April 16, 2021 approval with conditions of Grantor’s Coastal Development Permit application no. 5-20-0446 (“CDP 5-20-0446”).
2 CDP 5-20-0446.

Final Conservation Easement Sites 2 and 3

G. In addition, the Settlement Agreement entered into by the Primary Parties also ensures permanent protection of the Conservation Values of the Easement Property through maintenance of the Easement Property in accordance with the Long-Term Habitat Management Plan for the Shorecliffs Wetland Conservation Area dated April 26, 2021 (the “Management Plan”), which is attached hereto as Exhibit D and incorporated herein fully by this reference.

Under the Management Plan, Grantee will provide maximum not-to-exceed funding for implementation of the Management Plan by Grantor through an endowment to be established and held in a restricted interest-bearing account by an eligible entity designated by Grantee (“Endowment Holder”) pursuant to the Management Plan. Grantee will continue to monitor implementation of the Management Plan by Grantor and ensure that Grantor cooperates with the long-term management of the Easement Property, and Grantor will provide additional funding to the extent necessary costs exceed the maximum not-to-exceed amount funded by Grantee.

H. Grantee is authorized to hold this Conservation Easement pursuant to California Civil Code section 815.3. Specifically, Grantee is a governmental entity identified in Civil Code section 815.3 subdivision (b) and otherwise authorized to acquire and hold title to real property.

I. The California Coastal Commission (“CCC”), the California Department of Fish and Wildlife ("CDFW"), the U.S. Army Corps of Engineers ("USACE") and the Santa Ana Regional Water Quality Control Board (“RWQCB”), and each of them, have jurisdiction to enforce this Conservation Easement as a condition of environmental permits issued for construction of the Culvert.

J. The Primary Parties acknowledge that CCC, CDFW, USACE, and RWQCB (collectively, the “Third-Party Beneficiaries”) are third-party beneficiaries of this Conservation Easement with right of access to the Easement Property and rights to enforce all of the obligations of Manager and Grantor including, but not limited to, Grantor’s and Manager’s duties under Sections 4 and 5, and all other rights and remedies of the Grantee under this Conservation Easement.

COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee this conservation easement in perpetuity over the Easement Property.

1. Purposes. The purposes of this Conservation Easement are to ensure that the surface of the Easement Property will be revegetated in accordance with the RMMMP and thereafter retained forever in its natural, restored, or enhanced condition as contemplated by the Management Plan, and to prevent any use of the Easement Property that will impair or interfere with its Conservation Values. Grantor intends that this Conservation Easement will confine the use of the surface of the Easement Property to activities that are consistent with such purposes, including, without limitation, those involving the preservation, restoration and enhancement of Final Conservation Easement Sites 2 and 3

native species and their habitats implemented in accordance with the Management Plan. To that end, Grantor agrees that upon recordation of this Conservation Easement, all present and future development rights appurtenant to, allocated, implied, reserved or inherent in the Easement Property are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Golf Course Property, the Easement Property, nor any other property adjacent or otherwise.

2. Grantee's Rights. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee, exercisable in the Grantee’s discretion:
(a) To preserve and protect the Conservation Values of the Easement Property.
(b) To enter the Easement Property at reasonable times, in order to monitor compliance with and otherwise enforce the terms of this Conservation Easement, the RMMMP and the Management Plan, to implement, at Grantee's sole discretion, any RMMMP or Management Plan activities that have not been implemented by Manager or Grantor, and to access, maintain, repair and replace the existing MO1 Culvert and associated City-owned facilities, all after reasonable notice and request by Grantee. In the event that the City finds it necessary to enter on and disturb the surface area of the Easement Area in order to maintain, repair, reconstruct, or enlarge the existing MO1 Culvert, the City shall be responsible only to restore any section of the flood control facility affected to the same load specifications as originally constructed and to backfill with compacted earth to grade off the surrounding property following completion of such flood control facility-related activities. The City shall not be responsible for replacing or restoring any landscaping, golf course improvements, golf cart paths, parking lots, or anything else removed or damaged during such work. The City agrees to use reasonable efforts to minimize any inconvenience to Grantor or Grantor’s adjoining property and to minimize the period of time that Easement Area will be disturbed; provided, however, the Grantee shall not be responsible under any circumstances for any loss of revenue, lost profits, consequential or other damages of any kind or nature that may occur or result from Grantee exercising its rights.
(c) To prevent any activity on or use of the Easement Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Easement Property that may be damaged by any act, failure to act, or any use or activity that is inconsistent with the purposes of this Conservation Easement. (d) To require that all mineral, air and water rights as Grantee deems necessary to preserve and protect the biological resources and Conservation Values of the Easement Property shall remain a part of and be put to beneficial use upon the Easement Property, consistent with the purposes of this Conservation Easement, provided that the exercise of such rights does not interfere with the design, maintenance, repair, replacement or functioning of the MO1 Culvert.

Final Conservation Easement Sites 2 and 3

3. Prohibited Uses.
(a) Any activity on or use of the Easement Property that is inconsistent with the purposes of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following uses and activities by Grantor, Grantor’s agents, and third parties are expressly prohibited:
(1) Unseasonable watering; use of fertilizers, pesticides, biocides, herbicides or other agricultural chemicals; weed abatement activities; incompatible fire protection activities; and any and all other activities and uses that may impair or interfere with the purposes of this Conservation Easement, except as specifically authorized on a short-term basis by the RMMMP or by the Management Plan for operation of the Golf Course or protection of adjacent properties.
(2) Use of off-road vehicles or use of any motorized vehicles except on existing roadways, except as specifically provided in the Management Plan. (3) Agricultural activity of any kind.
(4) Recreational activities of any kind, including, but not limited to, horseback riding, biking, hunting or fishing, except for minimal intrusions related to authorized uses of the adjacent Golf Course Property that do not adversely affect the Conservation Values of the Easement Property.
(5) Commercial, industrial, residential, or institutional uses. (6) Any legal or de facto division, subdivision or partitioning of the Easement Property, except as necessary or convenient to separate ownership of the Easement Property from the Golf Course Property for the purpose of implementing the RMMMP or Management Plan.
(7) Construction, reconstruction, erection or placement of any building, billboard or sign, or any other structure or improvement of any kind except as specifically provided in the RMMMP or Management Plan, which RMMMP and Management Plan include operation and maintenance of the Culvert.
(8) Deposition or accumulation of soil, trash, ashes, refuse, waste, biosolids or any other materials. (9) Intentional planting, introduction, or dispersal of any non-native or exotic plant or animal species.
(10) Filling, dumping, excavating, dredging, mining, drilling, removing or exploring for or extracting minerals, loam, soil, sand, gravel, rock or other material on or Final Conservation Easement Sites 2 and 3

below the surface of the Easement Property, or granting or authorizing surface entry for any of these purposes.
(11) Altering the surface or general topography of the Easement Property, including but not limited to any alterations to habitat, construction of new roads or trails, paving or otherwise covering the Easement Property with concrete, asphalt or any other impervious material except for those habitat management activities specified in the RMMMP or Management Plan.
(12) Subject to (b) below, removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for (i) fire breaks, (ii) maintenance of existing foot trails or roads, (iii) removal of invasive non-native vegetation in connection with authorized management activities, or (iv) prevention or treatment of disease. (13) Manipulating, impounding, or altering any natural water course, body of water or water circulation on the surface of the Easement Property, and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters, except for operation and maintenance of the Culvert as specifically provided in the RMMMP and Management Plan.
(14) Without the prior written consent of Grantee, which consent Grantee may withhold in its sole discretion, transferring, encumbering, selling, leasing, or otherwise separating the mineral, air or water rights for the Easement Property; changing the place or purpose of use of the water rights, except as set forth specifically in the Management Plan; abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Easement Property, including but not limited to: (i) riparian water rights; (ii) appropriative water rights; (iii) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the Easement Property; and (iv) any water from wells that are in existence or may be constructed in the future on the Easement Property. (15) Engaging in any use or activity that may violate, or fail to comply with, California Coastal Commission’s April 16, 2021 approval with conditions of Grantor’s Coastal Development Permit application no. 5-20-0446, relevant federal, state, or local laws, regulations, or policies applicable to Grantor, the Easement Property, or the use or activity in question.
(b) Notwithstanding anything else in this Conservation Easement, nothing in this Conservation Easement prevents Grantee from exercising all its rights under easements that are recorded prior in time to this Conservation Easement, e.g., its rights to access, maintain, repair and replace the MO1 Culvert. Any trees, shrubs, or other vegetation that Grantee removes or destroys in the exercise of its prior-in-time rights are not required to be replaced. In the event Final Conservation Easement Sites 2 and 3

that a third party governmental entity or applicable law requires any replacement, such replacement shall be the responsibility of the Grantor. Restoration of golf course improvements damaged during the Grantee’s exercising of its existing rights shall remain the responsibility of the Grantor. The Grantee shall not be responsible under any circumstances for any loss of revenue, lost profits, consequential or other damages of any kind or nature that may occur or result from Grantee exercising its rights

4. Grantor’s and Manager’s Temporary Duties and Obligations. Grantor and Manager, as agent of Grantor, shall undertake all necessary actions to install and temporarily manage the RMMMP for Sites 2 and 3 including, but not limited to, the following:
(a) Initial Construction and Temporary Maintenance. Implementation of the RMMMP for Sites 2 and 3 in the locations shown on Exhibits A and B and described in Exhibit C, will be supervised, installed, and completed by Grantor and Manager, as contemplated in that certain Agreement and Release of Claims entered into in settlement of Joseph A. Arriola, etc., et al. v. L.H.C.

Investments LLC, etc. et al., Orange County Superior Court Case No. 30- 2011-00450299-CU-CD-CXC.
(b) Grantor, through its Manager, will provide regular (annual) reports to Grantee on the status of RMMMP installation and satisfaction of success criteria in the RMMMP.
(c) Funding: Grantor and Manager’s management of the RMMMP for Sites 2 and 3 is conditional upon timely receipt of the funding described in section 7 below. Grantor and Manager shall have no obligation to fund its installation or management activities pursuant to the RMMMP, except for (1) advancing necessary costs pending timely receipt of reimbursement by Grantee and (2) necessary costs that exceed the maximum not-to-exceed amount funded by Grantee.

5. Grantor’s Long-Term Duties and Obligations. Grantor shall undertake all necessary actions to observe and carry out the obligations of Grantor under the RMMMP and Management Plan, including but not limited to, the following:
(a) Recordation of Easement. This Conservation Easement will be recorded in the official records of the Orange County Recorder immediately upon execution by all the Primary Parties.

(b) Long-Term (Permanent) Management: After written confirmation is received from the Third-Party Beneficiaries that success criteria set forth in the RMMMP have been met for the Initial (Temporary Management) period, Grantor will thereafter be responsible for all long-term maintenance monitoring and reporting in accordance with the Management Plan, with funding from an endowment established and held by Endowment Holder in a Final Conservation Easement Sites 2 and 3

restricted interest-bearing account as described in the Management Plan. The activities required by the Management Plan include but are not limited to, the following:
(1) Maintenance. As further described in the Management Plan, Grantor shall implement a maintenance program for the Easement Property. Tasks include weed control and, if necessary, erosion control. In addition, trash that enters the Easement Property will be removed. A qualified restoration ecologist will regularly monitor the Conservation Property to ensure that trash is removed on a timely basis and maintenance tasks are completed. (2) Monitoring and Reporting. Periodic monitoring will be necessary after the 5-year period has ended in order to support the “good health in perpetuity” goal for the Easement Property. A qualified biologist will monitor the Easement Property once annually for 10 years after the initial 5-year period during the peak of nesting season (generally April-May timeframe) to evaluate habitat conditions. Each monitoring visit will cover the entire Easement Property and will take no more than 2 days of 8 hours each, including travel time. Results will be summarized in an annual letter report to Grantee. Grantor shall provide the monitoring reports to the Grantee per the time schedules in the RMMMP and the Management Plan. (3) Restoration. Replacement of vegetation and habitats described in the Management Plan destroyed or degraded by any reason provided adequate and timely funding of Grantee, except that Grantee shall not be required to fund replacement of vegetation and habitats destroyed or degraded by Grantor’s negligence. (4) Funding: Grantor’s obligation to implement and monitor the Management Plan is conditional upon timely receipt of the maximum not-to-exceed funding in the amount of $748,000 by Grantee as described in section 7 below. Grantor shall advance necessary costs on a short-term basis pending quarterly receipt of reimbursement by Grantee from the not-to-exceed funding amount paid by Grantee for installation, implementation, oversight and monitoring under the RMMMP and Management Plan. Grantor shall fund any additional costs that are necessary for implementation of the RMMMP and Management Plan to the extent that such costs exceed the maximum not-to-exceed amount funded by Grantee.

Grantor accepts the possibility that Grantee’s maximum contribution to an endowment established and held in a restricted interest-bearing account by Endowment Holder may need to be supplemented by additional contributions from Grantor to cover changes in costs and management requirements that are unknown when the endowment is established pursuant to the Management Plan, and Grantor agrees to make any necessary contributions to maintain the endowment at adequate levels to generate sufficient funds to conduct monitoring and maintenance in accordance with the Management Plan. The Principal Parties and Third-Party Beneficiaries will consult to determine if additional funds are required at conclusion of the shortterm RMMMP to ensure that the Management Plan is fully funded as necessary by Grantor.

6. Grantor’s Reserved Rights. Grantor, upon completion of its management obligations, reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from Grantor's ownership of the Easement Property, including the right to Final Conservation Easement Sites 2 and 3

engage in or permit or invite others to engage in all uses of the Easement Property that are not prohibited or limited by, and are consistent with the purposes of, this Conservation Easement.

7. Grantee’s Duties. Grantee will be responsible for the maximum not-to-exceed contribution of $748,000 for endowment funding of Grantor’s obligations for installation, implementation, oversight and monitoring under the RMMMP and Management Plan and as provided therein and hereunder, which amount is the maximum collective contribution by Grantee for the Easement Areas described in both this Conservation Easement for Shorecliffs Golf Course Sites 2 and 3 and in the separate conservation easement concurrently entered into between City of San Clemente as Grantee and OC RE-HAB 1, LLC as Grantor for Shorecliffs Golf Course Site 1.
a) Initial (Temporary) Management: Subject to the maximum not-to-exceed collective endowment funding amount of $748,000 by Grantee, all reasonable costs of implementing the RMMMP will be paid by Grantee to Grantor in accordance with the RMMMP. Subject to the maximum not-to-exceed collective endowment funding amount of $748,000 by Grantee, Grantee will remain financially responsible for implementation of the RMMMP until written confirmation is received from the Third-Party Beneficiaries that success criteria set for the RMMMP have been met for the Initial (Temporary Management) period. Endowment Holder will timely reimburse Grantor and Manager for all costs advanced or expended in accordance with the RMMMP subject to the maximum not-to-exceed collective endowment funding amount of $748,000, with all costs exceeding that amount to be funded by Grantor.
b) Long-Term Permanent Management: Subject to the maximum not-to-exceed collective endowment funding amount of $748,000 by Grantee, all reasonable costs of implementing the Management Plan will be paid by Endowment Holder through quarterly disbursements by Endowment Holder to Grantor in accordance with the Management Plan. Grantee’s not-to-exceed maximum contribution to the endowment for long-term management of the Easement Property is $748,000, which amount is the maximum collective endowment funding contribution by Grantee for the Easement Areas described in both this Conservation Easement for Shorecliffs Golf Course Sites 2 and 3 and in the separate conservation easement concurrently entered into between City of San Clemente as Grantee and OC RE-HAB 1, LLC as Grantor for Shorecliffs Golf Course Site 1.

8. If Grantor and/or Manager fails to maintain the Easement Property as provided in Sections 4 and 5 above, Grantee, its employees, contractors and agents may, at their sole option and discretion, and after providing reasonable written notice, enter onto the Property for the purpose of implementing the RMMMP and Management Plan. In such event, Grantee may be reimbursed from the Endowment Holder and may recover any costs from Grantor that exceed those reasonably required to implement the RMMMP and Management Plan, including but not limited to any additional funding Grantor is obligated to pay to the extent that necessary costs exceed the maximum collective not-to-exceed endowment amount funded by Grantee.

Final Conservation Easement Sites 2 and 3

9. Grantee's Remedies.
(a) If Grantee determines that a violation of this Conservation Easement has occurred or is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation (“Notice of Violation”). (b) If Grantor fails to cure or require Manager, as its agent, to cure the violation within thirty (30) days after receipt of a Notice of Violation, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30)-day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction for any or all of the following: to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or for any injury to the Conservation Values of the Easement Property; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies and with the Grantor stipulating to the same hereby and waiving the right to challenge any legal or equitable remedy on such grounds; to pursue any other legal or equitable relief, including but not limited to, the restoration of the Easement Property to the condition in which it existed prior to any violation or injury; or to otherwise enforce this Conservation Easement.

Without limiting the liability of Grantor, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Easement Property. (c) If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate injury to the Conservation Values of the Easement Property, Grantee may pursue its remedies under this Conservation Easement without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee’s rights under this section apply equally to actual or threatened violations of this Conservation Easement. (d) Grantor agrees that Grantee’s remedies at law for any violation of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee’s remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to the remedies set forth in California Civil Code Section 815, et seq. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from taking such action at a later time.

10. Costs of Enforcement.
(a) Grantee: All costs incurred by Grantee, where Grantee is the prevailing party, in enforcing the terms of this Conservation Easement, the Management Plan or the RMMMP Final Conservation Easement Sites 2 and 3

against Grantor, including, but not limited to, costs of suit and attorneys' and experts' fees, and any costs of restoration necessitated by Grantor’s negligence or breach of this Conservation Easement, shall be borne by Grantor.
(b) Grantor: All costs incurred by Grantor or Manager, as its agent, when Grantor or Manager is the prevailing party, in enforcing the obligations of Grantee to fully and timely fund, subject to the Grantee’s not-to-exceed maximum collective endowment funding amount, implementation of the Management Plan, including, but not limited to, costs of suit and attorneys’ and experts’ fees, and any additional maintenance or management costs necessitated by Grantee’s breach of its funding obligations under this Conservation Easement, shall be borne by Grantee.

11. Grantee's Discretion. Enforcement of the terms of this Conservation Easement by Grantee shall be at the sole discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement shall not be deemed or construed to be a waiver of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any rights of Grantee under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver.

12. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Property resulting from (i) any natural cause beyond Grantor's control, including, without limitation, fire not caused by Grantor, flood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Property resulting from such causes; or (ii) acts by Grantee or its employees.

13. Third-Party Beneficiaries’ Right of Enforcement. All rights and remedies conveyed to Grantee under this Conservation Easement, except for those contained in Section 11, shall extend to and are enforceable by the Third-Party Beneficiaries (as defined in Recital J).

These enforcement rights are in addition to, and do not limit, the rights of enforcement under the Management Plan or any active governmental permit governing construction or maintenance of the Culvert or implementation of the RMMMP or Management Plan. If at any time in the future Grantor uses, allows the use, or threatens to use or allow use of, the Easement Property for any purpose that is inconsistent with or in violation of this Conservation Easement then, despite the provisions of California Civil Code Section 815.7, the California Attorney General and the Third-Party Beneficiaries each has standing as an interested party in any proceeding affecting this Conservation Easement.

14. Access. This Conservation Easement does not convey a general right of access to the public.

15. Taxes; No Liens. Grantor shall pay before delinquency all taxes, assessments Final Conservation Easement Sites 2 and 3

(general and special), fees, and charges of whatever description levied on or assessed against the Easement Property by a competent authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of this Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantor shall keep the Easement Property free from any liens (other than a security interest that is expressly subordinated to this Conservation Easement, as provided in Section 23(j)), including those arising out of any obligations incurred by Grantor for any labor or materials furnished or alleged to have been furnished to or for Grantor at or for use on the Easement Property.

16. Hold Harmless.
(a) Grantor shall hold harmless, protect and indemnify Grantee and its officials, officers, employees, agents, contractors, volunteers and representatives (each a “Grantee Indemnified Party” and collectively, “Grantee’s Indemnified Parties”) from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys’ fees and experts’ fees), causes of action, claims, demands, proceedings, orders, liens or judgments (each a “Claim” and, collectively, “Claims”), arising from or in any way connected with or related to: (1) the obligations specified herein or in the Management Plan or the RMMMP; (2) the existence or administration of this Conservation Easement or any action taken related thereto, including, without limitation, any environmental determination or permit issuance; and (3) the acts or omissions of Grantor or Manager, or their respective directors, officers, managers, members, affiliates, employees, agents, contractors, volunteers or representatives on or related to the Golf Course Property or the Easement Property. If any Claim is brought against any of the Grantee's Indemnified Parties, Grantor shall, at the election of and upon written notice from Grantee, defend such action or proceeding by counsel reasonably acceptable to the Grantee's Indemnified Party or reimburse Grantee for all reasonable charges incurred for services of the California Attorney General or other counsel in defending the action or proceeding.
(b) Grantor shall hold harmless, protect and indemnify Third-Party Beneficiaries (each a "Third-Party Beneficiary Indemnified Party" and collectively, "Third-Party Beneficiary Indemnified Parties") from and against any and all Claims arising from or in any way connected with or related to: (1) the Grantor’s obligations specified herein or in the Management Plan or the RMMMP; (2) the existence or administration of this Conservation Easement or any action taken related thereto, including, without limitation, any environmental determination or permit issuance; and (3) the acts or omissions of Grantor or Manager, or their respective directors, officers, managers, members, affiliates, employees, agents, contractors, volunteers or representatives on or related to the Golf Course Property or the Easement Property.

If any Claim is brought against any of the Third-Party Beneficiary Indemnified Parties by reason of any such Claim, then at the election of and upon written notice from the Third-Party Beneficiary Indemnified Party, Grantor shall, at the election of and upon written notice from Grantee, defend such action or proceeding by counsel reasonably acceptable to the applicable Third-Party Beneficiary Indemnified Party or reimburse the Third-Party Beneficiary Indemnified Party for all reasonable charges incurred for services of the California Attorney General or the Final Conservation Easement Sites 2 and 3

U.S. Department of Justice in defending the action or proceeding.

17. Extinguishment. If circumstances arise in the future that render the purposes of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction.

18. Condemnation. This Conservation Easement is a "wildlife conservation easement" required by a State agency, the condemnation of which is prohibited except as provided in California Fish and Game Code Section 1348.3. If the Conservation Easement is condemned, the net proceeds from the condemnation shall be used in compliance with California Government Code Section 65966(j).

19. Transfer of Easement. This Conservation Easement may be assigned or transferred by Grantee only to Third-Party Beneficiaries or another organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and Government Code Section 65967 (and any successor under other provision(s) then applicable), or the laws of the United States. Grantee shall require the assignee to record the assignment in the county where the Property is located. The failure of Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforcement in any way.

Grantee shall transfer all funds held in a restricted account pursuant to Section 6(c)(2) above concurrently with transfer of the Conservation Easement.

20. Transfer of Property. Grantor agrees to incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which Grantor divests itself of any interest in all or any portion of the Easement Property, including, without limitation, a leasehold interest, and an acknowledgment and agreement by the transferee to comply with the terms hereof. Grantor further agrees to give written notice to Grantee and the Third-Party Beneficiaries of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Grantee or Third-Party Beneficiaries shall have the right to prevent any transfers in which prospective subsequent claimants or transferees refuse to accept the terms, covenants, conditions and restrictions of this Conservation Easement. Notwithstanding any attempt to do so, nothing shall release Grantor from its obligations hereunder. The failure of Grantor, Grantee, or Third-Party Beneficiaries to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way.

21. Notices. Any notice, demand, request, consent, approval, or other communication that any party desires or is required to give to the other parties shall be in writing delivered by electronic mail and, additionally, shall be served personally or sent by recognized overnight courier that guarantees next-day delivery or by first class United States mail, postage fully prepaid, addressed as follows:

To Grantor: GC-8, LLC
C/O Law Office of Hon. James B. Copelan (Ret.)
Final Conservation Easement Sites 2 and 3

840 East Green Street, Suite 120
Pasadena, CA 91101
To Grantee: The City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Clerk
With CC to: The City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Manager
To Manager: OC RE-HAB 1, LLC
13101 Barrett Hill Circle
North Tustin, CA 92705
Attn: George Zeber
To CDFW: California Department of Fish and Wildlife
South Coast Region
3883 Ruffin Road
San Diego, CA 92123
Attn: Regional Manager
To USACE: U.S. Army Corps of Engineers
Los Angeles District
915 Wilshire Blvd.

Los Angeles, CA 90017
Attn: Chief, Regulatory Branch
To RWQCB: Regional Water Quality Control Board
San Diego Region
2375 Northside Drive, Suite 100
San Diego, CA 92108
Attn: Executive Officer
or to such other address as Grantor, Grantee, Manager or Third-Party Beneficiaries shall designate by written notice to the other parties. Notice shall be deemed effective upon confirmed receipt of electronic mail or, in the event that receipt cannot be confirmed, upon delivery in the case of personal delivery or delivery by overnight courier or, in the case of delivery by first class mail, three (3) days after deposit into the United States mail.

22. Amendment. This Conservation Easement may be amended only by mutual Final Conservation Easement Sites 2 and 3

written agreement of Grantor, Manager and Grantee and subject to the prior written consent of Third-Party Beneficiaries to comply with the requirements of any unexpired permit, which approval shall not be unreasonably withheld or delayed. Any such amendment shall be consistent with the purposes of this Conservation Easement and California law governing conservation easements and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of the County of Orange.

23. Additional Provisions.
(a) Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California, disregarding the conflicts of law principles of such state.
(b) Liberal Construction. Despite any general rule of construction to the contrary, this Conservation Easement shall be liberally construed to effectuate the purposes of this Conservation Easement and the policy and purpose of California Civil Code Section 815, et. seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to any other persons or circumstances. (d) Entire Agreement. This instrument and all documents incorporated by reference herein, sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements of the parties relating to the Conservation Easement. No alteration or variation of this Conservation Easement shall be valid or binding unless contained in an amendment in accordance with Section

22. (e) No Forfeiture. Nothing contained in this Conservation Easement will result in a forfeiture or reversion of Grantor's title in any respect. Notwithstanding the foregoing, if CDFW reasonably determines that this Conservation Easement is not being held, monitored, or stewarded for conservation purposes in accordance with the requirements of Government Code Section 65967(e), then pursuant to Government Code Section 65967(e) the Conservation Easement shall revert to CDFW or to another public agency, governmental entity, special district, or nonprofit organization approved in advance in writing by CDFW. (f) Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the Parties and their respective personal representatives, heirs, successors, and assigns, and shall constitute a Final Conservation Easement Sites 2 and 3

servitude running in perpetuity with the Easement Property. (g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement, except under Section 16 and Section 23(i), shall terminate upon transfer of the party's interest in the Conservation Easement or Easement Property to the extent such transfer is approved in writing in advance by the other parties, and except that liability for acts, omissions or breaches of said party occurring prior to transfer shall survive transfer.
(h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation.
(i) No Hazardous Materials Liability.
(1) Grantor and Manager, as its agent, represent and warrant that neither of them has any actual knowledge or notice of any Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Easement Property, or transported to or from or affecting the Easement Property.

Without limiting the obligations of Grantor under Section 16 of this Conservation Easement, Grantor hereby releases and agrees to indemnify, protect and hold harmless the Grantee’s Indemnified Parties and Third-Party Beneficiary Indemnified Parties from and against any and all Claims (defined in Section 15) arising from, related to or connected with any Hazardous Materials or underground storage tanks present, alleged to be present, released in, onto, from or about, or otherwise associated with the Easement Property at any time, except that (A) this indemnification shall be inapplicable to the Grantee’s Indemnified Parties with respect to any Hazardous Materials placed, disposed, or released by Grantee and (B) this indemnification shall be inapplicable to Third-Party Indemnified Parties with respect to any Hazardous Materials placed, disposed, or released by any one of the Third-Party Beneficiary Indemnified Party. This release and indemnification includes, without limitation, Claims involving the violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below). If any action or proceeding is brought against any of the Grantee’s Indemnified Parties Third-Party Beneficiary Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from the applicable Grantee Indemnified Party or the Third-Party Beneficiary Indemnified Parties, defend such action or proceeding by counsel reasonably acceptable to the Grantee Indemnified Party or the Third-Party Beneficiary Indemnified Party or reimburse Third-Party Beneficiary for all charges incurred for services of the California Attorney General in defending the action or proceeding.
(2) Despite any contrary provision of this Conservation Easement, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives to Grantee or any Third-Party Beneficiaries any of Final Conservation Easement Sites 2 and 3

the following:
(A) The obligations or liability of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, et seq.; hereinafter, "CERCLA"); or (B) The obligations or liabilities of a person described in 42 U.S.C. § 9607(a)(3) or (4); or
(C) The obligations of a responsible person under any
applicable Environmental Laws; or
(D) The right to investigate and remediate any Hazardous Materials associated with the Easement Property; or
(E) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Easement Property. (3) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including byproducts and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.; hereinafter, "RCRA"); the Hazardous Materials Transportation Act (49 U.S.C. Section5101, et seq.; hereinafter, "HTA"); the Hazardous Waste Control Law (California Health & Safety Code Section 25100, et seq.; hereinafter, "HCL"); the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health & Safety Code Section 25300, et seq.; hereinafter "HSA"), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable Environmental Laws now in effect or enacted after the date of this Conservation Easement.
(4) The term "Environmental Laws" includes, without limitation, CERCLA, RCRA, HTA, HCL, HSA, and any other federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials now existing or hereafter enacted, modified or amended. Grantor represents and warrants to Grantee and Third-Party Beneficiaries that activities upon and use of the Easement Property by Grantor, Manager and their respective agents, employees, invitees and contractors will comply with all Environmental Laws.
(j) Warranty. Grantor represents and warrants that Grantor is the sole owner of fee simple title to the Easement Property; that there are no other conservation easements; there are no outstanding mortgages, liens, encumbrances or other interests in the Easement Property (including, without limitation, mineral interests) that may conflict or are inconsistent with this Conservation Easement and that have not been expressly subordinated to this Conservation Final Conservation Easement Sites 2 and 3

Easement by a written, recorded Subordination Agreement approved by Grantee and Third-Party Beneficiaries.
(k) Additional Easements. Grantor shall not grant any additional easements, rights of way or other interests in the Easement Property (other than a security interest that is expressly subordinated to this Conservation Easement), or grant, transfer, abandon or relinquish (each a “Transfer”) any mineral, air, or water right or any water associated with the Easement Property, without first obtaining the written consent of Grantee and Third-Party Beneficiaries.

Such consent may be withheld if Grantee or Third-Party Beneficiaries determine(s) that the proposed interest or Transfer is inconsistent with the purposes of this Conservation Easement or will impair or interfere with the Conservation Values of the Easement Property. This provision shall not limit the provisions of Section 3(d) or 4(n), nor prohibit transfer of a fee or leasehold interest in the Easement Property that is subject to this Conservation Easement and complies with Section 19. Grantor shall provide a copy of any recorded or unrecorded grant or Transfer document to the Grantee and Third-Party Beneficiaries.
(l) Recording. Grantee shall record this Conservation Easement in the Official Records of the County of Orange and may re-record it at any time as Grantee deems necessary to preserve its rights in this Conservation Easement. (m) Exhibits. The following Exhibit(s) referenced in this Conservation Easement are attached to and incorporated by reference in this Conservation Easement.

Exhibit A – Legal Description of Grantor GC-8, LLC Golf Course Property
Exhibit B – Legal Description of Easement Property
Exhibit C – RMMMP
Exhibit D – Long Term Habitat Management Plan
IN WITNESS WHEREOF, Grantor, Manager and Grantee have executed this Conservation Easement as of the day and year first above written.

GRANTEE CITY OF SAN CLEMENTE Manager OC Re-Hab 1, LLC
By: _________________________________ By: _________________________________ Andy Hall
City Manager
George Zeber
Sole Managing Member
Date: ________________________________ Date: ________________________________ Attest:

By: _________________________________
Laura Campagnolo
City Clerk
Date: ________________________________
Approved as to form: Grantor GC-8, LLC
By: _________________________________ By: __________________________________ Elizabeth A. Mitchell
City Attorney
Fah Sean Leong
By: Hon. James B. Copelan (Ret.)
Attorney in Fact
Date: ________________________________ Date: ________________________________ Approved as to form:

By: ___________________________________
Hon. James B. Copelan (Ret.), Attorney in Fact
(Notarial Acknowledgement of execution by Grantor must be attached.)

ACKNOWLEDGMENT
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 )
On _________________, 2024, before me, ____________, 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)

EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR GC-8, LLC GOLF COURSE PROPERTY

EXHIBIT B

LEGAL DESCRIPTION OF EASEMENT PROPERTY

EXHIBIT C
RMMMP
Restoration, Mitigation, Monitoring, and Maintenance Plan Via Ballena-Shorecliffs Golf Course Landslide Repair
San Clemente, Orange County, California
April 26, 2021
Prepared For:

George Zeber
OC Re-Hab 1, LLC
13101 Barrett Hill Circle
North Tustin, CA 92705
Prepared By:

Edith Read, PhD
E Read and Associates, Inc.

Orange, CA
(714) 366-8857
RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair Page ii

TABLE OF CONTENTS
PURPOSE ................................................................................................................................................................................ 3 LOCATION.............................................................................................................................................................................. 3 PROJECT BACKGROUND...................................................................................................................................................... 3 PROJECT DESCRIPTION......................................................................................................................................................... 3 IMPACTS AND MITIGATION................................................................................................................................................. 4 RESTORATION AREA ......................................................................................................................................................................................... 4 OFF-SITE MITIGATION SITES 2 AND 3............................................................................................................................................................. 6 PLANT PALETTE NOTES ..................................................................................................................................................................................... 6 PRE-CONSTRUCTION PLAN IMPLEMENTATION ................................................................................................................. 7 NON-NATIVE SPECIES REMOVAL AND SITE CLEANUP...................................................................................................................................... 7 NATIVE SPECIES CUTTINGS, SALVAGE, & SOIL STOCKPILE ............................................................................................................................. 7 POST-CONSTRUCTION PLAN IMPLEMENTATION............................................................................................................... 7 IRRIGATION....................................................................................................................................................................................................... 7 PLANTING & SEEDING SCHEDULE .................................................................................................................................................................... 8 CONTAINER PLANTING ..................................................................................................................................................................................... 8 UPLAND HYDROSEEDING.................................................................................................................................................................................... 8 MAINTENANCE ...................................................................................................................................................................... 9 WEED CONTROL .............................................................................................................................................................................................. 9 EROSION CONTROL ......................................................................................................................................................................................... 9 MONITORING AND REPORTING....................................................................................................................................... 10 RESTORATION AREA .......................................................................................................................................................................................10 Completion Monitoring and Reporting.................................................................................................................................................10 Five-Year Monitoring and Reporting....................................................................................................................................................10 OFF-SITE MITIGATION SITES 2 AND 3...........................................................................................................................................................11 PERFORMANCE OBJECTIVES............................................................................................................................................. 11 RESTORATION AREA.........................................................................................................................................................................................11 Zones A, B, and C...................................................................................................................................................................................11 Zone D......................................................................................................................................................................................................11 OFF-SITE MITIGATION SITES 2 AND 3...........................................................................................................................................................11 ADAPTIVE MANAGEMENT ................................................................................................................................................ 12 LONG-TERM MANAGEMENT ............................................................................................................................................. 12 FINANCIAL ASSURANCES.................................................................................................................................................. 13

EXHIBITS
Exhibit A. Project and Mitigation Locations..................................................................................................................................................14

APPENDICES
A. Restoration Area Drawings
B. Off-Site Mitigation Area Drawings
RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

PURPOSE
The purpose of this Plan is to guide restoration, maintenance, and monitoring of habitat established and enhanced after repairs are made to a failed slope above the Shorecliffs Golf Course. The Plan includes performance standards to ensure that habitat objectives are met, and provides a process by which the restoration and enhancement sites are properly maintained over the short-term (5-year monitoring period) and in perpetuity by the Golf Club.

This document updates previous plans to reflect the current project description and mitigation measures, including comments and requests from staff of the California Coastal Commission.

LOCATION
The Shorecliffs Golf Course is located in the City of San Clemente, Orange County, California within the area covered by the U.S. Geological Survey’s 7.5-minute Dana Point Quadrangle. The proposed project is located at the 5th Hole. Exhibit A depicts the location of the project site (referred to in the plans as the Restoration Area) and areas where off-site mitigation is planned (Off-Site Mitigation Areas 1 and 2).

PROJECT BACKGROUND
Landslides occurred east and above the golf course in 2006 and in 2011, burying parts of a concrete channel that conveyed storm water run-off and nuisance waters within the unnamed creek. The landslides rendered four homes uninhabitable and are “red tagged” and another 7 homes were significantly affected. There is an unnamed creek located within the site. The landslides impounded water about 15 to 20 feet above the level of the concrete channel and compromised the drainage system. The impounded water saturated soils at the toe of the landslide area and on other parts of the slope that supports the numerous single-family residences located along Via Ballena and had potential to cause future landslides. It also saturated the toe of the slope that supports Interstate 5. In November 2015, the homeowners, the Shorecliffs Golf Club, and the City of San Clemente established a fund to implement necessary repairs. Following acquisition of emergency permits, repairs were initiated in 2018 to prevent further deterioration of the slope and property loss.

PROJECT DESCRIPTION
Appendices A and B provide copies of detailed drawings pertaining specifically to the Restoration Area and Off-Site Mitigation Areas 1 and 2. The complete set of drawings, including specifications for the box culvert and engineered slope, is provided to permitting agencies under separate cover. The primary components of the proposed slope restoration and stabilization project include: 1) installation of a 7 foot by 7 foot box culvert, from the I-5 Freeway to the Via Cascadita storm drain, to direct nuisance water and storm flows away from the bluff slope; 2) removal of a portion of the landslide debris and re- construction of the hillside with approximately 150,000 Cubic Yards of imported soil in a series of benches that will create a 2:1 slope with a gravity buttress that will anchor the toe of the slope; 3) installation of a series of back drains, terrace drains, down drains, and other surface and subsurface drainage improvements on the re-constructed slope; 4) restoration of the golf RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

course playing surface; 5) restoration of wetland and other native vegetation in a manner that continues to provide wildlife habitat while maintaining slope stability.

IMPACTS AND MITIGATION
Prior to the repairs initiated in 2018, there were approximately 1.11 acres of State jurisdictional wetlands within the area encompassed by the Shorecliffs Golf Course’s 5th and 6th Holes. The 1.11 acres included the unnamed creek, contiguous riparian canopy, and adjacent wetlands. Federal jurisdiction included 0.59 acres of wetlands and 0.52 acres of nonwetland waters.

Mitigation for impacts consists of: a) establishment of new on-site wetland and riparian habitat in the southern section of the golf course’s 6th hole, totaling no less than 2.53 acres (1.18 acres creek/riparian, 1.35 acres wetland) and referred to in the drawings as the Restoration Area; b) on-site establishment of 1.22 acres of upland slope habitat upstream of the Restoration Area to provide a buffer and wildlife foraging area; c) on-site establishment of 1.07 acres of upland habitat within the fuel modification zone on the restored, stabilized slope below the residences; d) off-site restoration and enhancement of 7.27 acres of existing riparian habitat and wetland that runs through Shorecliffs golf course Holes 1, 7, 10, 11, and 12 (hereafter referred to as Off-Site Mitigation Sites 1 and 2). This enhancement will consist of channel modification to create an additional 2500 feet of channel with more natural-looking meander (see Appendix B), removal of invasive non-native vegetation and replacement of this vegetation with native species.

In summary for mitigation of wetland impacts from the landslide repair, the combination of onsite replacement and off-site restoration/enhancement described above totals 12.09 acres, resulting in a mitigation ratio of about 10.9 to 1 for impacts to State and Federal jurisdictional wetlands/waters. The plant species listed in the tables in this section are based on plant lists compiled as part of the pre-restoration biological surveys and jurisdictional delineation.

Restoration Area
Objectives for the Restoration Area are: a) at least 75 percent cover of native species by the end of the 5-year monitoring period; b) absence of moderately to highly invasive nonnative species; c) survival in the absence of irrigation. A total of 2.53 acres of wetland/riparian habitat and 2.29 acres of upland habitat will be established. Native plant material will consist of cuttings, container stock, and seed. There will be four planting zones: Zone A, Zone B, Zone C, and Zone D (see drawing in Appendix A for details).

RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

Zone A includes 1.18 acres of channel and will consist of riparian species.

Table 1 – Plant List, Zone A
Common Name Scientific Name Life Form Size* Quantity
California Bulrush Schoenoplectus californicus Herb Salvage 10 Arroyo Willow Salix lasiolepis Tree Salvage 12
Arroyo Willow Salix lasiolepis Tree Cuttings 12
California Sycamore Platanus racemosa Tree 15 g 10
Fremont Cottonwood Populus fremontii Tree 15 g 10
Total 54
Zone B includes 1.35 acres adjacent to the replaced channel in the lower canyon and shall consist primarily of wetland species.

Table 2 – Plant List, Zone B
Common Name Scientific Name Life Form Size Quantity
Fringed Willow Herb Epilobium ciliatum Herb Salvage 10
Alkali Heath Frankenia salina Herb Salvage 25
Yerba Mansa Anemopsis californica Herb 1 - 5 g 25
San Diego Sedge Carex spissa Herb 1 - 5 g 25
Wild Rhubarb Rumex hymenosepalus Herb Salvage 25
Pickleweed Salicornia pacifica Herb Salvage 30
Salt marsh fleabane Pluchea odorata Herb Salvage 10
California Sealavender Limonium californicum Herb Salvage 25 Saltbush Atriplex lentiformia Shrub Salvage/1 g 15
Total 205
Zone C consists of 1.22 acres of upland buffer/transitional habitat on a slope in the northwest side of the Restoration Area (labeled as Upland Buffer B in Exhibit A).

Table 3 – Plant List, Zone C
Common Name Scientific Name Life Form Quantity
California Poppy Eschscholzia californica Annual Herb 2.5 lb Arroyo Lupine Lupine succulentus Annual Herb 2.5 lb
Deerweed Acmispon glaber Perennial Herb 2.5 lb
Foothill Needlegrass Stipa lepida Perennial Grass 2.5 lb Purple Needlegrass Stipa pulchra Perennial Grass 2.5 lb Bush Sunflower Encelia californica Shrub 2.5 lb
Golden Yarrow Eriophyllum confertiflorum Shrub 2.5 lb
Goldenbush Isocoma menziesii Shrub 2.5 lb
California Buckwheat Eriogonum fasciculatum var. fasciculatum Shrub 15 lb Total 35 lb
RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

Zone D consists of 1.07 acres located within the fuel modification zones of adjacent singlefamily residences and therefore subject to thinning (labeled as Upland Buffer A in Exhibit A. So-called “ladder” fuels that worsen potential for fire, such as subshrubs and grasses, must be avoided. Therefore, only the evergreen species in Table 4 will be planted in this zone.

Table 4 – Plant List, Zone D
Common Name Scientific Name Life Form Size Quantity
Saltbush Atriplex lentiformia Shrub 5 - 15 g 20
Toyon Heteromeles arbutifolia Shrub 5 - 15 g 20
Total 40
Off-Site Mitigation Sites 1 and 2
Before beginning the slope repairs at the Restoration Area or in conjunction with them, the applicant’s contractor shall remove all invasive non-native trees, shrubs, and herbaceous species from Off-Site Mitigation Sites 1 and 2. The applicant’s contractor shall then modify the channel to create a more natural-appearing meander and plant the exposed soil with native trees, shrubs, and herbaceous species to replace the invasive exotics. The project restoration ecologist will advise as to placement of riparian, wetland, and upland species depending on localized conditions (e.g. in-channel vs. banks).

Table 5 – Plant List, Off-Site Mitigation Sites 1 and 2 Common Name Scientific Name Habitat/Life Form Size Quantity Arroyo Willow Salix lasiolepis Riparian Tree Cuttings 40 Cattail Typha domingensis Wetland Herb Transplant 200
Mulefat Baccharis salicifolia Transition Zone Shrub Cuttings 20 Fremont Cottonwood Populus fremontii Riparian Tree 5 - 15 g 10 Total 270
Plant Palette Notes
Cultivars or varieties shall not be used. Species shall not be substituted without consultation and approval by the project’s restoration ecologist. Quantities may be adjusted depending on availability at the time of planting. The container stock and seed shall be inspected to ensure that it is free of non-native ants and other pests immediately before being transported to the site. The project’s restoration ecologist shall inspect the stock again immediately upon arrival at the site. If non-native ants are found, delivery of the stock and/or seed in which they occur shall be refused and taken back to the nursery.

RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

PRE-CONSTRUCTION PLAN IMPLEMENTATION
Non-Native Species Removal and Site Cleanup
The California Invasive Plant Council (Cal-IPC) considers numerous non-native plant species as moderately to highly invasive. Examples include arundo, castor bean, fennel, thistle, tree tobacco, pampas grass, and ice plant. Under the supervision of the project’s restoration ecologist, the applicant’s contractor shall remove all moderately to highly invasive species. Removal shall be conducted before beginning, or in conjunction with, the proposed landslide repair activities.

The contractor shall also remove all debris left from golf course operations such as pieces of concrete, asphalt, and fencing.

Native Species Cuttings, Salvage, & Soil Stockpile
The following measures shall be implemented under the supervision of the project’s restoration ecologist:

1. The applicant’s contractor shall take cuttings of arroyo willow (Salix lasiolepis) from the individuals that occur within the unnamed creek at the Restoration Area so that they can be used for restoration. The cuttings shall be 2-inch diameter and at least 2 feet long and shall be treated with rooting compound, planted in 15-gallon containers filled with saturated soils taken from within the creek, and shall be grown and maintained on-site by the applicant’s contractor or by a local nursery.

2. The applicant’s contractor shall use heavy machinery to salvage the remainder of the arroyo willow after taking the cuttings and shall plant it immediately adjacent to the parts of the creek that are not to be disturbed or shall be stockpiled in a low depression capable of holding water. If stockpiled, it shall be watered and maintained on-site by the applicant’s contractor as necessary until it can be planted.

3. The applicant’s contractor shall also stockpile soil from the creek and use it to line the channel and parts of the restoration site.

POST-CONSTRUCTION PLAN IMPLEMENTATION
Irrigation
The water conveyance and capture system that will be installed as part of the proposed project will capture nuisance flows and convey them to the Restoration Area via gravity flow. The amount of water available is adequate to support wetland habitat but the upland container stock and seed must be temporarily irrigated in order to grow and establish it. Temporary irrigation may also be needed at Off-Site Mitigation Sites 1 and 2 in order to establish and grow plants.

1. After the landslide repairs have been completed a temporary above ground irrigation system shall be installed that has the ability to soak all areas within the RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

upland areas of Zone C and shall install a permanent system in Zone D (for any necessary fire suppression).

2. The irrigation system shall consist of PVC pipe staked on grade at approximately ten feet on-center and at all corners, providing 100 percent coverage of the upland areas using spray and/or rotor heads as appropriate.

3. Irrigation heads may need to be raised up on staked risers to reach above developing plants to avoid blockage.

4. The irrigation system will only be used in the early fall and late spring seasons for the first three growing seasons to help establish the plants such that they can survive on their own from seasonal rainfall in Years 4 and 5.

5. Irrigation shall be phased out in Zones A, B, and C near the end of Year 3 prior to the rainy season per the direction the project’s restoration ecologist.

6. The permanent irrigation system in Zone D shall remain in place for any necessary fire suppression.

7. It is anticipated that the amount of water that is currently conveyed to the drainage at Off-Site Mitigation Sites 1 and 2 is sufficient to enhance and create additional habitat but temporary irrigation may initially be required in order to grow and establish plants. Installation of temporary irrigation at these sites shall be at the discretion of the projects restoration ecologist and if installed shall be phased out per the conditions for the Restoration Area.

Planting & Seeding Schedule
The applicant’s contractor shall prepare, plant, and seed the Restoration Area immediately after the repairs have been completed or in conjunction with them if possible and shall prepare and plant Off-Site Mitigation Sites 1 and 2 before or in conjunction with the repairs.

Container Planting
With the exception of Zone D in the Restoration Area (see below), plants shall be installed in a natural-appearing pattern, i.e. not in rows. Holes for container stock should be dug at least twice as wide as the root ball, with the crown of the plant left about 0.25 inch above grade for proper drainage. If the soil is dry it shall be irrigated and allowed to drain before the plant is installed. Plants shall be irrigated after installation to ensure good soilto-root contact.

In Zone D, plants shall be installed in a natural-appearing pattern but spaced at least 15 feet apart (as measured on center) per fire department specifications for fuel modification zones adjacent to residences.

Upland Hydroseeding
The hydroseed slurry shall include a mix of the upland species listed for Zone C in Table 3, clean wood fiber or cellulose mulch, and binder (tackifier) as recommended by the project’s restoration ecologist.

RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

MAINTENANCE
Weed Control

1. Weeds shall be removed during late winter through early summer, as necessary, before they set seed and/or before they reach approximately 12 inches in height under the direction and on-site supervision by the project’s restoration ecologist.

2. At least two weeding events should occur Year 1 - 5 during season of normal rainfall, with more or less as dictated by actual amount and rainfall intervals.

3. Weed control shall mainly employ hand pulling, mechanical methods. Spot spraying of herbicides will be employed only as a last resort, if deemed necessary by the project’s restoration ecologist. Per recommendations of the water quality staff of the California Coastal Commission, spray of landscaping chemicals in or within 25 feet of any drainage swale be avoided, and use of landscaping chemicals within the project area should be minimized to the extent feasible.

4. All weed control activities shall be conducted with on-site supervision provided by the project’s restoration ecologist. Per recommendations of water quality staff of the California Coastal Commission, an Integrated Pest Management (IPM) approach shall be employed to the extent feasible, to minimize the use of landscaping chemicals and to prevent the degradation of coastal water quality.

Erosion Control
Erosion control measures specified in the drawings submitted to permitting agencies shall be used. However, if the project’s restoration ecologist determines that installation of additional erosion control measures and BMP’s are necessary, they shall be installed per their direction. Erosion control measures may include use of sandbags, fiber rolls, silt fencing, and/or matting. If fiber rolls are used, they shall be certified weed free. In addition, the following specification shall be included per request of water quality staff of the California Coastal Commission:
“The use of temporary erosion and sediment control products (such as fiber rolls, erosion control blankets, mulch control netting, and silt fences) that incorporate plastic netting shall be prohibited, to minimize wildlife entanglement and plastic debris pollution. Only 100% biodegradable (not photodegradable) natural fiber netting shall be allowed.”
If any erosion control measures and BMP’s are installed, they shall remain in place and be maintained until the project’s restoration ecologist determines that the plants have become established and that seed has germinated and growing, and that ground cover is adequate.

Additional maintenance activities may include, but are not limited to, pest control, disease control, the installation of erosion control measures and BMP’s, additional planting and seeding, and irrigation repair and/or adjustments as necessary.

RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

MONITORING AND REPORTING
Restoration Area

COMPLETION MONITORING AND REPORTING
The project’s restoration ecologist will visit the restoration site twice per month (or as necessary) during the first 120-days, after planting and seeding, to monitor site conditions.

They will determine if the salvaged species, cuttings, and the container stock are becoming adequately established, verify that seed application and germination has been successful, check that irrigation is adequate, and identify any problems or potential problems with regards to plan implementation. During this period, the restoration ecologist will provide recommendations in writing to the applicant’s contractor regarding any necessary remedial actions. The applicant’s contractor shall be responsible for ensuring that all remedial actions are taken and completed in a timely manner.

The project’s restoration ecologist will provide a Completion Report to the applicant for submittal to permitting agencies within 30 days of completion of the 120-day postrestoration monitoring period. The report will include details and maps as necessary with regards to site preparation, irrigation, the number and names of plants salvaged and replanted, the species names and amount of container stock used, the species names and amount of seed applied, and any deviations from the plant palettes.

FIVE-YEAR MONITORING AND REPORTING
The project’s restoration ecologist will visit the restoration site once during May and once during September for a period of 5 years or until they determine that the performance standards are met (see below).

The restoration ecologist will establish photo points at a minimum of 4 locations within the restoration site for comparative analysis between years.

The restoration ecologist will determine percentage survival of salvaged species and container stock used in the restoration, relative cover of native species and non-native species, and will identify and mark non-native species so that they can be removed by the maintenance crew.

The data will be compared to performance standards are being met and shall be included in annual reports (see below). The focus of all efforts shall be the eradication of species identified by Cal-IPC as being moderately to highly invasive.

An annual monitoring report shall be provided to the applicant for submittal to permitting agencies no later than December 31 of each monitoring year. Each report will include the following:

1. Comparisons to performance criteria;

2. Photographs from established reference points;
RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

3. Description of maintenance activities including the use of any replacement container stock and seed and methods used for control of non-native species;

4. Recommendations for remedial actions necessary to ensure success of the restoration. The property owner shall be responsible for ensuring that all remedial actions are taken and completed in a timely manner.

Off-Site Mitigation Sites 1 and 2
All monitoring and reporting activities described above for the Restoration Area shall also be required for Off-Site Mitigation Sites 1 and 2, including but not limited to: site visits twice a year, establishment of locations for comparative photograph analysis, evaluation using specific performance objectives, and preparation of an annual monitoring report to be submitted no later than December 31 of each monitoring year.

PERFORMANCE OBJECTIVES
Restoration Area

ZONES A, B, AND C

1. Target values for relative cover in Year 1 is 20 percent, Year 2, 30 percent, and Year 3, 40 percent;

2. Survival of the container stock shall be 75 percent in Years 1, 2, and 3;

3. Cover of native species is at least 75 percent by the end of the 5-year reporting period;

4. Absence of moderately to highly invasive non-native species;

5. Vegetation must survive at least 2 years without irrigation (i.e. phase out irrigation at the end of Year 3).

ZONE D
Due to the fact that this zone will be maintained according to the fire department’s fuel modification requirements, the only objective for this zone is to ensure that it is free of moderately to highly invasive plant species that could eventually invade native communities in the other zones. The irrigation system will remain in place for fire prevention and suppression purposes.

Off-Site Mitigation Sites 1 and 2
All performance objectives listed above for Zones A, B, and C of the Restoration Area shall be adopted for Off-Site Mitigation Sites 1 and 2, including but not limited to: at least 75 percent native cover by the end of the initial five-year monitoring period, absence of moderately to highly invasive species, and survival in the absence of irrigation.

It should be noted that the golf course has no control over what adjacent residential land owners plant, therefore it is possible that removal of invasive exotics will need to continue periodically for an indefinite period of time.

RMMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

ADAPTIVE MANAGEMENT
While the intent of this RMMMP is to create, establish, and enhance wetland and upland habitats there is always a risk that the mitigation fails or partially fails due to unforeseen circumstances. The project’s restoration ecologist will visit the Restoration Area and OffSite Mitigation Sites 1 and 2 twice per year to monitor and compare to performance objectives. If the performance objectives are not met, the restoration ecologist will identify the problems during the scheduled site visits, determine the cause(s) of the problems, and provide the property owner or their representative recommendations that will correct them. The property owner shall be responsible for ensuring that all remedial action is taken and completed in a timely manner so that the performance standards can be met.

The project’s consultant shall continue the monitoring and reporting measures summarized in this five-year RMMMP until all performance objectives are met. Any proposed changes to this RMMMP will be submitted to permitting agencies for approval prior to implementation.

LONG-TERM MANAGEMENT
A detailed long-term management plan is provided under separate cover. In summary, the Shorecliffs Golf Club and the City of San Clemente completed an identical project in 1995 in a different location at the Shorecliffs Golf Course and entered into a long-term management agreement. The arrangement that was agreed upon by the parties provided for a recorded Conservation and Management Easement, whereby the City of San Clemente would maintain the storm pipe and Shorecliffs Golf Club would maintain the wetlands and non-wetland waters. There is a mechanism provided for in the agreement that allows the City of San Clemente to have oversight over its long-term management maintenance of the other project and it provides for a tax lien to be implemented in the event that Shorecliffs Golf Club fails to adequately maintain the wetlands and nonwetlands so that the City of San Clemente can take over the maintenance. It is the intention of the applicant to enter into a similar agreement with the City of San Clemente. A copy of the agreement is provided separately.

Zone D in the Restoration Area is located within the fuel modification zones of the singlefamily residences along Via Ballena. As such, the vegetation planted in Zone D may be subject to fuel modification as it starts reaching maturity. If the home owners are mandated by the Fire Department to fuel-modify/weed-abate Zone D, they shall do so by removing and reducing the amount of cover of non-native species, by removing all species that are moderately and highly invasive, and if necessary shall trim the native woody vegetation per fire department requirements. Native herbaceous species shall be mowed to no less than 6 inches in height but only after it has set seed. The best time to fuel- modify/weed-abate is within the 2 weeks before the date that the activity must be completed as mandated by the Fire Department.

RMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

FINANCIAL ASSURANCES
The applicant anticipates that it will cost approximately $592,000 to implement this RMMMP and monitor the restoration sites for 5-years and includes an additional $118,400 as a contingency. The cost breakdown is as follows:

Engineering $8,500
Permits $3,500
Installation of low flow pipe $25,000
Grading (includes Geo and Rip Rap) $15,000
Dredge 2500 linear feet of channel $25,000
Planting (includes nursery stock) $235,000
Maintenance (5 years includes re-planting) $240,000
Monitoring (5 years) $40,000
Contingency (20% of costs) $118,400
TOTAL $710,400
The applicant will provide a Financial Assurance Instrument as a contingency for failed mitigation, naming the agencies as beneficiary in the Format and Amount as requested by each individual Agency.

RMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

Exhibit A. Project and Mitigation Locations
RMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

APPENDIX A

RESTORATION AREA PLANS
Note: these pertain to habitat areas only. Engineering details of the culvert, slope repair, and other specifications are provided in the full set of drawings under separate cover.

RMMP: Via Ballena-Shorecliffs Golf Course Landslide Repair

APPENDIX B

OFF-SITE MITIGATION AREA PLANS

EXHIBIT D

LONG TERM HABITAT MANAGEMENT PLAN
Long Term Habitat Management Plan
for the Shorecliffs Wetland Conservation Area
April 26, 2021
Prepared For:

George Zeber
OC Re-Hab 1, LLC
13101 Barrett Hill Circle
North Tustin, CA 92705
Prepared By:

Edith Read, PhD
E Read and Associates, Inc.

Orange, CA
(714) 366-8857

TABLE OF CONTENTS
PROJECT BACKGROUND AND PROPOSED MITIGATION................................................................................. 3 RESPONSIBLE PARTIES....................................................................................................................................... 4 FINANCIAL SUMMARY ...................................................................................................................................... 4 INITIAL CONSTRUCTION, MAINTENANCE, AND MONITORING COSTS........................................................................................... 4 LONG-TERM ONGOING COSTS (AFTER 5 YEARS) ....................................................................................................................... 5 RESTORATION AND ENHANCEMENT METHODS .............................................................................................. 6 RESTORATION AREA.................................................................................................................................................................... 6 OFF-SITE MITIGATION SITES 2 AND 3 ........................................................................................................................................ 6 RESTORATION GOALS, OBJECTIVES, AND SUCCESS CRITERIA ....................................................................... 6 MONITORING AND REPORTING PROGRAM.................................................................................................... 7 MAINTENANCE PROGRAM............................................................................................................................... 7 CONTINGENCY MEASURES AND ADAPTIVE MANAGEMENT .......................................................................... 7 REFERENCES ....................................................................................................................................................... 7 Exhibits
Exhibit A. Site Locations within the Conservation Area………………………………………9 LTHMP - Shorecliffs
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PROJECT BACKGROUND AND PROPOSED MITIGATION
In 2006 and 2011, slope sections above the Shorecliffs Golf Course in San Clemente, California failed, resulting in loss of residences, damaging others, and threatening additional residences. Engineering studies indicated that the primary cause of slope failure was perennial water flow that undermined the toe of the slope. The volume of this water increased over many years as runoff from off-site developments and roads was directed into a single drainage. Analyses indicate that this drainage probably had only seasonal flow historically but it became perennial over time, eventually resulting in establishment of riparian and freshwater wetland vegetation along its length (FBC 2016a,b). This vegetation consisted of willows and emergent vegetation such as cattails and bulrushes. Prior to the repairs initiated in 2018, there were approximately 1.11 acres of State jurisdictional wetlands within the area encompassed by the Shorecliffs Golf Course’s 5th and 6th Holes. The 1.11 acres included the unnamed creek, contiguous riparian canopy, and adjacent wetlands. Federal jurisdiction included 0.59 acres of wetlands and 0.52 acres of non-wetland waters.

In order to mitigate impacts from slope repair and stabilization, the project applicant proposed wetland restoration and enhancement at the three locations shown in Exhibit A and described as follows: a) a new on-site wetland in the southern section of the golf course’s 6th hole, totaling 2.53 acres and referred to as the Restoration Area; b) on-site establishment of 1.22 acres of upland slope habitat upstream of the Restoration Area to provide a buffer and wildlife foraging area; c) on-site establishment of 1.07 acres of upland habitat within the fuel modification zone on the restored, stabilized slope below the residences; d) off-site restoration and enhancement of existing 7.27 acres of riparian habitat and wetland that runs through Shorecliffs golf course Holes 1, 7,10, 11, and 12, referred to as Off-Site Mitigation Sites 1 and

2. Collectively, these areas will be protected and maintained in perpetuity as the Shorecliffs Wetland Conservation Area (SWCA). An Endowment will fund long-term maintenance of the SWCA.

Details of restoration and maintenance during the first five years after slope repairs are completed are described in a Restoration, Mitigation, Monitoring, and Maintenance Plan (RMMMP) provided under separate cover and summarized here. The rest of this Plan updates the July 27, 2020 version to comply with requirements of the California Coastal Commission and addresses long-term management and maintenance beyond the first five years.

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RESPONSIBLE PARTIES
OC Re-Hab 1, LLC will be responsible for all long-term maintenance of the Restoration Area. The Golf Course will be responsible for Off-Site Mitigation Sites 1 and 2 upon acceptance of the initial Improvements by the Agencies at year 5 or longer. The costs associated with the maintenance will be paid out of an endowment. The Golf Course, OC Re-Hab 1, LLC and the City of San Clemente have entered into an agreement which is incorporated into the Conservation Easement whereby the City will maintain oversight authority over the maintenance operations in perpetuity. The City will not be responsible for conducting maintenance activities, but will enforce compliance with the LTHMP through the implementation of a Tax Lien to ensure payment of services to outside vendors or contractors in the event the Golf Course fails to meet the requirements contained within the LTHMP.

The following parties will take the lead on the indicated tasks and hire contractors as needed to provide specialized expertise, such as biological monitoring.

Initial installation, maintenance, and monitoring of all sites for the first five years:

OC Rehab 1, LLC. Contact: George Zeber, President, Western Pacific Construction Services, 13101 Barrett Hill Circle, North Tustin, CA 92705. Telephone: 714-734-8224. Email:

[email protected].

Long-term maintenance and monitoring of the Restoration Area after five years:

OC Rehab 1, LLC. Contact: George Zeber, President, Western Pacific Construction Services, 13101 Barrett Hill Circle, North Tustin, CA 92705. Telephone: 714-734-8224. Email:

[email protected].

Long-term maintenance and monitoring of Off-Site Mitigation Sites 2 and 3 after five years:

Shorecliffs Golf Course. Contact: Jim Vaughn, 501 Avenida Vaquero, San Clemente, CA.

Telephone: 949-492-1178. Email: [email protected].

FINANCIAL SUMMARY
Initial Construction, Maintenance, and Monitoring Costs Table 1 summarizes initial costs listed in the RMMMP. These costs cover construction plus five years of compliance with permit conditions, including maintenance and monitoring after construction and restoration tasks are completed. OC Rehab will be responsible for ensuring that the 5-year success criteria are met. If, in the view of the permitting agencies, the success criteria are not met, OC Rehab will continue to be responsible for maintenance and monitoring until the success criteria are met.

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Table 1. Estimated Initial Costs
Component Cost
Engineering $8,500
Permits $3,500
Installation of Low Flow Pipe $25,000
Grading (includes Geo and Rip Rap) $15,000
Dredge 2500 lf of channel $25,000
Planting (includes nursery stock) $235,000
Maintenance (5 years includes re-planting) $240,000
Monitoring (5 years) $40,000
Contingency (20% of costs) $118,400
Total $710,400
The applicant will provide a Financial Assurance Instrument as a contingency for failed mitigation, naming the agencies as beneficiary in the Format and Amount as requested by each individual Agency.

Long-Term Ongoing Costs (after 5 years)
After the 5-year success criteria are met, the long-term maintenance and monitoring period will begin.

The long-term financial analysis prepared for this Plan is based on the following assumptions over a period of 10 years:
• Long-term maintenance will be performed by a half-time (0.5 FTE) position at a rate of $20/hr, including benefits and other overhead;
• Monitoring for long-term health and to identify maintenance issues (if any) will be conducted by a biologist once annually (see Section 6), and will include a report identifying issues (if any) and recommendations.

It is expected that the applicant and agencies will review the estimated costs periodically and update the 10-year estimate as needed depending on site conditions.

Long-term costs will be funded through interest on principal from an Endowment dedicated to the Conservation Area. For example, based on a capitalization rate of 4.5 percent and an estimated yearly maintenance and monitoring cost of $40,000 for a period of 10 years, a principal of $888,900 would be required to support maintenance and monitoring. This is only an example. The principal and capitalization rate could change depending on future site maintenance needs and market conditions, respectively.

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RESTORATION AND ENHANCEMENT METHODS
The RMMMP provides details of how the habitat areas will be restored and enhanced, as well as plant palettes and planting zones for each site. Methods are summarized in the following sections.

Restoration Area
The wetland and riparian habitats consist of planting Zones A and B as described in the RMMMP. As slope repairs are completed or in conjunction with them, flows will be from the north (below Interstate 5) to the Restoration Area through a 7 ft. x 7 ft. box culvert via gravity flow.

The upland habitat consists of Zones C and D as described in the RMMMP, and is located on slopes at the north end of the Restoration Area. Non-native species will be removed and replaced with native seed and container stock. Zone D is in a fuel modification zone below residences, therefore the plant palette is necessarily restricted to species approved by the Fire Department and it is expected that some fuel modification (thinning, trimming) may be required as vegetation matures.

Off-Site Mitigation Sites 1 and 2
Restoration and enhancement activities at Sites 1 and 2 will consist primarily of removing invasive species, establishing a meandering channel braided with the existing channel, and planting native riparian vegetation. Existing non-native trees with a trunk diameter of more than 8 inches will be removed if, in the judgment of the project’s restoration biologist, the tree is invasive or otherwise poses a threat to the native ecosystem.

RESTORATION GOALS, OBJECTIVES, AND SUCCESS CRITERIA
Long-term maintenance of the Conservation Area has three goals: 1) long-term health of the ecosystem; 2) self-sustainability, as much as possible in an urbanized watershed; 3) co-existence with surrounding communities in terms of preventing conditions that could lead to health or safety problems. Attaining these goals all three sites in the Conservation Area will involve a maintenance approach that balances habitat values with human health and safety issues. For example, it is expected that emergent vegetation will require periodic thinning for mosquito abatement and flood control, but this will need to be done in consultation with a qualified biologist and outside of the bird nesting season to avoid violation of Federal and State laws that protect nesting birds.

Specific long-term objectives are as follows:

1. Regarding non-native invasive species, same objectives as the five-year criteria:
a. Average cover by non-native species with an invasive threat status of “Low” (as listed in California Invasive Plants Council’s most recent database) is 10 percent or less of the area of each site.
b. Absence of high or moderately invasive species as listed in the Cal-IPC database.

Examples include fennel and pampas grass.

2. With regard to native wetland vegetation, and riparian vegetation where surface water is present, cover will be maintained in the range of 70 to 80 percent; 100 percent cover and high density of marsh vegetation, especially bulrushes and cattails, is to be avoided in order to prevent clogging of drain inlets/outlets, facilitate mosquito abatement, and avoid potential for flooding.

3. Native cover in the upland buffer area in the Restoration Area, outside of fuel modification zones below the residences, will be at least 75 percent.

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MONITORING AND REPORTING PROGRAM
Periodic monitoring will be necessary after the 5-year period has ended in order to support the “good health in perpetuity” goal for the ecosystem. However, the frequency and intensity of such monitoring will depend on conditions at the end of the 5-year period. While annual monitoring indefinitely cannot be required of the project applicant, it is possible that special status plant and/or wildlife species may colonize the restored habitat areas, and the presence of such species could affect maintenance methods and schedules. Birds may establish nests, further affecting when and how maintenance is conducted.

Ideally, because of these variables, a long-term monitoring and reporting program would be prepared by a qualified biologist as part of their report submitted at the end of the fifth monitoring year.

However, estimation of long-term costs requires that some assumptions be made. For the purpose of this Plan we have assumed a maximum of once-annual monitoring for 10 years after the initial 5-year period by a qualified biologist during the peak of nesting season (generally April-May timeframe) to evaluate habitat conditions. Each monitoring visit to cover the entire Conservation Area would take no more than 2 days of 8 hrs each, including travel time. Results will be summarized in an annual letter report. Copies of all reports will be submitted to the City of San Clemente.

MAINTENANCE PROGRAM
The RMMMP provides details of a maintenance program for the Conservation Area for the first five years. Tasks include (but are not necessarily limited to) weed control, erosion control, trash removal, and inspection and cleaning of inlets and culverts. A qualified restoration ecologist will monitor the Conservation Area to ensure that maintenance tasks are completed as needed for health of the system.

CONTINGENCY MEASURES AND ADAPTIVE MANAGEMENT
The RMMMP specifies that if survivorship of container stock falls below 75 percent during the interim monitoring period, the plants will be replaced. However, recommendations for remedial planting will be based on data and observations of the monitoring biologist. For example, it is possible that factors outside of the control of the permittee, such as excessive damage by rodents or trampling from human intrusion, will contribute to plant mortality. If so, remedial planting would not be a viable solution and the monitoring biologist will be tasked with recommending alternative solutions.

Additional factors outside of the control of the permittee, such as vandalism, a spill of oil or other hazardous material, or fire could substantially affect habitat conservation goals and ability to achieve success criteria within a specified timeframe. For the purpose of this plan, “substantial effect” is defined as a factor or event that reduces average cover or survivorship of planted native vegetation by more than 20 percent of the success criterion in a given year OR reduces the probability of reaching the 5- year success criteria.

If any of the above occurs, the permittee will consult with a qualified biologist on developing measures to address the problems in a manner that will still achieve the overall goals for the Conservation Area: longterm health, self-sustainability as much as possible in an urban watershed, and co-existence with surrounding communities such that public health and safety are not compromised.

REFERENCES
Forde Biological Consultants (FBC), 2016a. Jurisdictional Delineation, Via Ballena Shorecliffs Golf Course Landslide Repair. Prepared for OC Re-Hab 1, North Tustin, CA.

Forde Biological Consultants, 2016b. Biological Assessment, Via Ballena Shorecliffs Golf Course Landslide Repair. Prepared for OC Re-Hab 1, North Tustin, CA.

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Forde Biological Consultants, 2016c. Restoration, Mitigation, Monitoring, & Maintenance Plan, Via Ballena Shorecliffs Golf Course Landslide Repair. Prepared for OC Re-Hab 1, North Tustin, CA.

Forde Biological Consultants, 2016d. California Gnatcatcher (Polioptila californica) Survey. Via Ballena Shorecliffs Golf Course Landslide Repair. Prepared for OC Re-Hab 1, North Tustin, CA.

Forde Biological Consultants, 2016e. Least Bell’s Vireo (Vireo bellii pusillus) Survey, Via Ballena Shorecliffs Golf Course Landslide Repair. Prepared for OC Re-Hab 1, North Tustin, CA.

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Exhibit A. Site Locations within the Conservation Area