HomeMy WebLinkAboutCDP 96-05; Jensen Stairway; Coastal Development Permit (CDP) (5)City of Carlsbad
Planning Department
March 11, 1998
Mr. Bill Ponder
California Coastal Commission
Suite 200
3111 Camino del Rio North
San Diego CA 92108-1725
SUBJECT: JENSEN PUBLIC ACCESS STAIRWAY (CDP 96-05)
Dear Bill:
In May of 1997, the City approved a Coastal Development Permit for the
construction of a public access stairway, from Carlsbad Boulevard to the beach, just
south of the Terramar single family neighborhood. One of the conditions of approval
required the property owner (Jon Jensen) to guarantee private maintenance
responsibilities and public access through a mechanism consistent with the Coastal
Zone regulations.
In August of 1997, Mr. Jensen provided to the City Attorney's office a Deed of
Easement document that stipulated a limit to the timing of public use during natural
daylight periods only. According to this Deed, which was approved by the City
Attorney's office and recorded with the County Recorder, the only way to require the
continual, 24 hour public access is through a written request from the Coastal
Commission.
It is my understanding that public beach accesses are typically open to the public 24
hours per day. With this understanding, I have drafted a sample letter for your
review and use. Should you concur with the Planning Department's opinion that the
public beach access should be open to the public throughout the day and night,
please respond with the sample letter, revised to your liking. According to the Deed
of Easement, this written request from the Coastal Commission must be received
prior to April 1, 1998. Please feel free to contact me at (760) 438-1161, extension
4499 if you have any questions. Thank you for your consideration.
Sincere
MICHAEL GRII
Associate Planni
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2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-O894
March XX, 1998
Mr. Michael Grim
City of Carlsbad Planning Department
2075 Las Palmas Dr
Carlsbad CA 92009
SUBJECT: HOURS OF PUBLIC USE FOR THE JENSEN PUBLIC BEACH
ACCESS STAIRWAY (CARLSBAD CDP 96-05)
Dear Mike:
The Coastal Commission staff has received and reviewed the Deed of Easement
describing the restrictions on the non-exclusive easement for the purposes of
pedestrian ingress and egress foot access between Carlsbad Boulevard and the
Pacific Ocean over the Jensen property.
Public beach accesses are intended to serve the beach at all times of the day and
night and should not be restricted to natural daylight periods. According to the Deed
of Easement, the extension of public access hours can only be accomplished by
written request of the Coastal Commission. Please consider this correspondence as
such a written request, thereby requiring the amendment of the easement and
describing the hours of permissible public use of the easement as continuous,
throughout the day and night.
Thank you for the opportunity to comment on the public beach access hours. Please
feel free to contact me at (619) 521-8036, if you have any questions.
Sincerely,
BILL PONDER
Coastal Planner
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Boulevard bearing south 30° 38' 50" East, to a point 160.00 feet from the
most easterly corner of Lot 1 of Terramar Unit No. 1, according to Map
thereof No. 2696, filed in the Office of the County Recorder of San Diego
County, said point also being the true point of beginning; thence continuing
south 30° 38' 50" East, 200.00 feet; to the northerly corner of Lot 2 of said
Map 3897; thence leaving said southwesterly right-of-way line, along the
northwesterly boundary line of said Lot 2, south 59° 21' 10" west, to the
mean high tide line of the Pacific Ocean; thence northwesterly along said
mean high tide line, to a line which bears South 59° 2V 10" west from the
ooint of beginning; thence North 59° 2V 10" east to the true point of
' tfng.
7The easement as described above shall be limited to natural daylight periods
5n dawn to dusk. Notwithstanding the above restriction, and prior to April 1 ,-->.
1e Grantee, pursuant to a written request from the Coastal Commission, shall have /
the unilateral right, but not the duty, to extend the periods of daily use of the easement Q
between any portions of time between dusk to dawn. Should Grantee desire to extend the
periods of use of the easement as provided herein, Grantor agrees to sign, and provide
forthwith to Grantee a document in a form and substance attached as Exhibit "A" hereto,
which document, upon recordation by Grantee, shall amend the provisions of this
easement agreement as to periods of daily use of the easement only.
3. In addition to the above, the easement shall not interfere, at any time, with
the free use and enjoyment of the property by the title owner of the property.
4. The title owner to the above described property, is providing the access
described herein for "recreational purposes" at the request of Grantee, pursuant to the
provisions of California Civil Code § 846 and nothing in this agreement shall create any
liability or duty in contradiction to or inconsistent with the provisions of California Civil
Code § 846.
5. The title owner to the above described property shall assume the defense of,
pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad, and
its officers and employees, from all claims, loss, damage, injury, and liability arising from
or in connection with the on site use of the access, or drainage failures, or geological
failure of the stairway development.
6. The above indemnity and hold harmless is for the liability and/or acts or
omissions arising from or in connection with claims for this project only and does not
include liability, damage, acts or omissions which are arising from or in connection with or
occasioned by other projects.
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