HomeMy WebLinkAboutCDP 96-05; Jensen Stairway; Coastal Development Permit (CDP)City of Carlsbad
Planning Department
March 26, 1998
Mr. Jon Jensen
451 S Escondido Blvd
Escondido CA 92026
SUBJECT: AMENDMENT OF PUBLIC ACCESS EASEMENT
Dear Jon:
Please find enclosed a copy of correspondence from the Coastal Commission,
detailing the requirement for unrestricted access for the beach access stairway
located on your property. Pursuant to item #2 of the Deed of Easement and
Agreement to Hold Harmless, and Indemnify, an amendment to the easement is
required. Please immediately sign, and provide forthwith to the City, a document
in a form and substance as the Exhibit "A", attached to the easement and copy
enclosed. Please contact me at (760) 438-1161, extension 4499 if you have any
questions.
Sincerely
MICHAEL GRINK"/
Associate Planner
MG:mg
Enclosures
c: Rich Rudolf
Dennis Turner
File Copy
2075 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 - FAX (76O) 438-O894
STATE OF CALIFORNIA-THE RESOURCES AGENCY^, PETE WILSON, Governor
CALIFORNIA COASTAL CC .MISSION
,SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE ZOO
SAN DIEGO, CA 92108-1725
(619) 521-8036
March 17, 1998
Mr. Michael Holzmiller
Planning Director
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
Re: Hours of Public Use for the Jensen Public Beach Access Stairway
(Carlsbad Coastal Development Permit No. 96-05)
Dear Mr. Holzmiller,
The Coastal Commission staff has received and reviewed the Deed of Easement that allows for
pedestrian access between Carlsbad Boulevard and the Pacific Ocean over the Jensen property. We
understand that the easement is being granted pursuant to conditions of the City's Coastal Development
Permit (CDP) No. 96-05 which authorized construction of a beach access stairway. One of the
conditions requires the applicant to guarantee public access requirements through an irrevocable offer
to dedicate an easement or fee interest to the City of Carlsbad.
The Deed of Easement as it is currently drafted would allow for public access over the easement and
stairway, but only from dawn to dusk. This restriction on the hours of public use is not consistent with
CDP No. 96-05 as approved by the City. The adopted conditions of approval do not include any
restriction on the hours of public use of the stairway. If such a restriction on public use had been
approved by the City originally, it may have been grounds for appeal of the City's permit decision to
the Coastal Commission. Any potential restriction on the hours of use should be subject to an
amendment to the permit, with appropriate public notice and hearing. The City decision on such an
amendment would also be appealable to the Coastal Commission. Historically, in reviewing such
requests, the Coastal Commission has been supportive of maintaining unrestricted public access to
State tidelands unless there are specific reasons why such access is inconsistent with public safety,
there are specific site conditions that warrant special consideration or other documented problems. In
addition, before restricting public access, the Commission generally prefers that a variety of
management measures be utilized first to address prospective issues.
Thank you for the opportunity to review the Deed of Easement. If you have any questions, or wish to
discuss this matter further, please don't hesitate to call Bill Ponder or myself at the above office.
Sincerely,
Deborah Lee
District Manager
cc: Gary Wayne
Richard Rudolph
Michael Grim
Bill Ponder
Amy Roach