HomeMy WebLinkAbout6-83-81; |COASTAL COMMISSION|Hamlin, LB|; 89-079292; Easementa 2, 2 -$ @:7'9:(1)4 r: EXHIBIT D
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Recording Requested by and When Recorded Hail To: 6760
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City Clerk -fi^ s> %"? .? 22 I 2 - 3 j:=< P. f 1 ' f-= z a
City of Carlsbad
1200 Elm Ave. ~ . -. L __ ~.- .- .. - . :. . - : .. .:. .. . r-
Carlsbad, CA 92008
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CERTIFICATE OF ACCEPTANCE NO FC
This is to certify that the Cjty of CarJsbad hereby
accepts the Offer to Dedicate for Permit No. 6-83-81 Executed by:
L.B. Hamlin on October 18 , 19%
and recorded on December 30, 1983 As Instrument No. 83-477999
of the Official Records in the Office of the Recorder of
San Dieso County.
February 9, 1989 BY k
Dated For The City of Carlsbad I
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO )
On February 9, 1989 , before the undersigned, a Notary Public,
personally appeared Metha L. Rautenkranz
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/X/ personally known to me
/ / proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as City Clerk
of the corporation/agency therein named and acknowledged to me that the
corporation/agency executed it.
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OFilCIAL SEAL z
:p .&&&&, KAREN R. KUNDTZ 2 T !ir ui 3,.'~ NOTARY PUZiLIC-CI\LIFORNIA $ $ * l&rg/ x.- SAN DlEGO COUNTY * * **Q*Q*~*P****8****~~*~~~*****~*
My Comm Exp Sept. 27, 1989 $
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." CI' F CARLSBAD - AGEN'hqILL -
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MTG. 2/7/89 ACCEPTANCE OF STATE COASTAL
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CONSERVANCY OPEN SPACE AND ACCESS EASEMENT/DEDICATIONS CITY MG- I I I
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RECOMMENDED ACTION:
Adopt Resolution No. f?-g/ formally accepting seven (7) access and two (2) open space easement dedications from the California Coastal Conservancy.
ITEM EXPLANATION:
On July 5 and August 23, 1988, the City Council approved an
agreement and subsequent amendment with the California State Coastal Conservancy to apply $100,000 of Conservancy funding toward two (2) beach access stairways. Both stairways are a part
of the Carlsbad Boulevard Blufftop Walkway project currently under construction. One stairway is opposite Hemlock Avenue; the other is opposite Maple Avenue.
One of the standard conditions of Coastal Conservancy grant funding is the requirement that the municipal recipient accept all outstanding easement dedications within its local jurisdiction. This condition fulfills a long standing Conservancy policy of transferring easements held by the State to a local governmental
agency. These easements are granted to the California Coastal
Commission by private property owners as a condition of receiving
Coastal Development Permits. The City's agreement with the
Coastal Conservancy identifies for acceptance the following seven
(7) access and two (2) open space easements:
Coastal Commission Local Street Type of Easement Permit No. Address Dedication
6-86-278/AB 5099 Shore Drive lateral beach access
6-86-492 3037 Ocean Street lateral beach access
6-85-492 3037 Ocean Street vertical beach access
6-83-81 2445 Ocean Street lateral beach access
6-87-36 '
5-77-81
4301, 4311, 4321 lateral lagoon access Brooks Way
2599, 2601, 2603 open space Ocean Street
6-83-613 4167 Harbor Drive lateral and vertical lagoon access
6-83-613 4167 Harbor Drive open space
F1045, 2590, 2875 2701 Ocean Street vertical beach access
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i MG /" IRREVBCA3LE OFFER TO DEDICATION
AFI D .1 DECLARATION OF RESTRICTIONS
6 THIS IRREVOCABLE OFFER AND DEDICATION OF P1IBLIC ACCESS EASEMENT AND
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of &&hh-. , 19 9 3 , by 12. B - Bamlin, a married ma= Y 8
DECLARATION OF RESTRICTTONS (hereinafter ~~o~~eri'~ is made. this ,/anyi: day
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9 l (hereinafter referred to as "Granter"). I 10
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1. WHEREAS 9 Grantor is the 1 egai owner of a fee interest of certain !r=" real properties 'located in the .County cf sa1 Diego -1 ~
State of California, and described in the attached I Exhibit A (hereinafter
referred to as the "Property"); and
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141 11. WHEREAS, a1 1 of the Propert,y is iocatcd wi-thin the coastal zone as
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15 :I code is hereinafter referred to as the "Pub? ic Resources Code"); and
defined in Section 30103 of the Californja Public Rescu~~es Code (which
1'7 1 X II I . WHEREAS ., the Zal i fornia Coastal Act of 1976 .) (hereinafter referred to
1-811 as the '8~ct11) creates the Ca7ifornia Coastal Comission (hereinafter
referred to as the "Comrrlission") and requires that any deve'laprn~~t approved 19 1
20 by the Commission must be consistent with the policies of the Act set forth
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in Chapter 3 of Division 23 of the Public Resources Code; a:?d
221 IV. WHEREAS > Pursuant to the Act, Grantor agpl ied to the Cornmission
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fGr a permit to undertake development as clef ined in the Act within the
I County (her9i nafter the
25 11 'I PermS t" ) ; and
29 // '1. MHEREAS, a ccrastzl development permit (Permit No. - 6-83-81 1
$7 ' was granted on J~PY 27 , 19 83 , by the Coni ssi 01: in
1 PAPER
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OF CALIFORNIA
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accordance with the provision of the Staff Recommendation and Findings,
Exhibit e, attached herrto and hereby incorporated by reference, subject to
the f01 lowing Condition: 1. Lateral Access. Prior to the transmittal of a
coastal development permit for this projecc,-the Executive Director shall certil 4 j! in writing that the following condition has been satisfrhed. The applicant shall
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execute and record a document, in a form and content approved in writing by the
Executive Director of the Canmission irrevocably offering to dedicate to a
ptib3.h agency or private a.ssociation approved by the Executive Director, an
easement for public access 2nd passive recreational use along.the shoreline. TI
document shall also restrict the applicant from interfering with present use by
the public of the areas subject to the easement prior tu acceptance of the offel
Such easement shall be for the area oceanward of a Line dram 2.7 feet seaward c
2nd parallel to the toe of the rock riprap. The document shall. incB.ude legal.
descriptions of both the applicant's eatire parcel and the easement area and
Ghaf ,.l. include an e:ihSbi.t prepared by a c-!unl.lf led proPcsubat1a2 :-;ilowing chr? hterr
access ease~nent area. Such easement shall be recorded free of prior liens excel
for tax liens and free of prior encumbrances which the Executive Director deter-
mines may affect the interest being conveyed. The offer shall run with the lanc
in favor of the People of the State QZ California, binding successors and assigr
of the applicant or landowner. The offer of dedica'c"aor.1 shall be irrevocable fox a period of 21 years, such period running from the date. of recording.
Nothing in this cocditlon shall be construed to coilstittrte a. waiver of any
sort or a determination on any issue of prescriptive ri-ghts which may exist
on the parcel itself or on the designated easement.
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171 VI. WHEREAS, the subject property is a parce'i located between the first
18 I pub1 ic road and the shorei ine; and
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VIII. CJHEREAS, the Commission found that but for the imposition of the 231
between the first public road and the shoreline shall be provided; and 22
the coast is to be maximized, and in all new development projects located 21
California Coastal Act of 1976, public access to th:? shoreline and along 20
VII. WHEREAS, under the policies of Sections 30210 through 30212 of the
24 I i above condition, the prcrposed development could not be found consistent
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condition J a permit coul d not have been granted; 27,
California Coastal Act of 1976 and that therefore in the absence of such a 28
with the public access policies of Section 30210 through 30212 of the
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j IREV. 8-72) - 2 h
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WHEREAS, it is intended that this Wfer 4s irrevocable and shall
stitute enforceable restrictions within the meaning sf Article XITI,
Lion 8 of the Caljfornia Constitution and that said Offer, when
epted % shal 'I thereby quat ify as an enforceable restri cti on under the
vision of the California Revenue and Taxation Code, Section 402.1;
NOW TWEREFORE, in consideration of the granting of Permit No. 6-83-81
the QWW~(S) by the Cammi ssion 3 the QWZ?F?~"() hereby ~ffer(s) to dedicate
the People of Cal ifarnia an easement in perpetuity for the purposes of
1i.c access and passive recreational. use along the shoreline "
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located on the subject property in the area oceanward of a line drawn
approximately 2.7 feet seaward of and parallel to the tow of the rock riprap.
and as specificaliy set forth by attached Exhibit C hereby incorporated by
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1. " BENEFIT AND BURDEN, This Offer shin1 7 run with and burden t.he
Property and al? obligations, terms, conditions, and restrictions hereby
imposed shall be deemed to be covenants and restrictions running with the
land and shall be effective 1 im'l tations or: the use of .the Property from the
date of recordation of this document and shall bind the Grantor and all
successors and assigns. This Offer shall benefit the State of California.
2. DECLARATION OF RESTRICTIONS. The Grantor ts restricted from
interfering with the use by the pub1 ic of the area sthject to the offeped
easement. for public access. This restriction shall he effective from the
time of recordation of this Offer and Declaration of Restrictions.
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P CALIFORNJI, PAPER
3 ,REV 0.72,
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3. ADDITIONAL TERFIS, C9ND!TIONS, AND LIMITATIONS. - Prior to the
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5 1 access is effectuated.
4 1 use af the subject property in arder ti; ass11re that this Offer, for psblic
may record additional reasonable tern~s, conditions, and 1 imitations on the 3
opening of the accessway9 the Grantee I) in consul tation with the Grantor,
6/ 4. CONSTRUCTION OF VALIDITY. If any pr-ovision GF these
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8 I no other provi sios? shall be thereby affected or impared.
restrictions is held to be i nval id or for any reason becomes unenforceable, I !I
9 11 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions,
10 1 exceptions, obligations, and reservations contained in this Offer shall be
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14 1 for a pcrjod of 21 years. tipan recordation of ari accep-hance of this Offer
6. TERM. ihis irrevocable offer of dedication shall be bindSnq 13
! the Grantor and the Grantee, whetnelt voluntary ai- involuntary. 12
I binding upon and itlure to the benefit of the successors and assigns QF both
15 1 by the Grantee 3 this Offer and terms 9 condjtions 5 and restric-cSons shall
16 have the effect of a grant of access easewnt in gross and perpetuity that
17 shall run with the land and be b’nding on the partjes, heirs, assjgns, and
1.8 1 successors e
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r PAPER
iiF CALIFORNIA t3 (REV. 6-72) !
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duration of the term of the original Offer ts Dedicate. 5
associations acceptabte to the Executjve Director of the Commission for the 4
it but must instead offer the easement to other public agencies or private 3
the I and, providing that any offeree to accept the easement may not abandon
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6 j Executed on this of ~ , at Carlsbad
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'f 1 5 California.
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Dated: Signed
1(3 // - L m Be Haml-in
Type or Print
l1 I1 Signed -
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1-4 1' y_D NOTE TO NOTARY PUBLIC: If you 2t-e notarizing the signatuu.es of persons
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the correct ~otary jurat (acknowledgment) as explained in ycur Notary 16
signing on behalf of a corporation, partnership, trust, etc., please use
17 I Pub1 ic Law Book.
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' state OB Ca1 ifornia I I 19
20 County of 1 ss
On thi s /gd day of &r/-
before me 1 a Notary Pub1 ic, personally
appeared
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; wridence) to be the person(s) ~d-mse name is svbsc.i5ed :? :8::;5= ~GS~~~JY~G~~ 3 5 '.
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.. X 'I This is to certify that the Offer to Dedicate set forth above is
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Coastal Commission when it granted Coastal Development Permit 4
Coastal Commission pursuant tu authority conferred by the California ., 1 hereby acknowledged by t.he undersigned officer cjr~ behalf of' ,tile Cal i fnrni a
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5 No. h ->32? 1 on - and the Cal ifornia '
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officer. 7
Coastal Commission consents to recordation thereof by its duly authorized
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/ /y/ c-9 / @rm(& & [$&&- s/-/?FJZ &?,,,/As&, . Cal iforn-ia 'Coastal Commission
STATE OF ,&gq,k;& ) t i! c/ )
- 1 COlhT'S OF z-->~b; -3 P -yi&&./Z.[,~~
on c:s~ p) Q$~~~~~~~~~ ~ before me zv*b;: c' ~~~~t~~~,;~~~\~~~j~~~~~
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a Notary Pub? ic, personal ly appeared a,t ,\y, ~.k/l--?~~ , personal ly - fl
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known to me to be (or proved to ne on the basis of sadisfactary evidence)
Lo be the person who executed this instrument as the :$${ j y&&&- k f
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' and authorized representative of the California Coastal k6rnrnission and
1 acknowledged to ne that the California Coastal Comission executed it.
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Notary ;P/kIjc in' a%*for sa-id Coyyity and GAW UY&ENCE HQtLOWAY State t~j l.1
y..rf c:$; +a I) !% ,fig ,, ,+ ~~-.),/+QJp>~~e:~.L~
Itti?Y''.DDi bllD1 io PAS IFnnb,,. raw1nn 2 rumwirnL~runwA ClTV Ih COUNTY I3 MR FRAMCISCIB I! ~~"~~;+&~/i$j" J ly Commissio!! Ixp::os October 24, 1335
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>.%PER
SALIPORNIA
REV. 8.721
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IRREVaLE OFFER TO DEDLCATIIHV W33LTC KCilSS FASl?ME-NT
Aiw
DKwwrmN OF RESTRICL' rws
"~" Legal Bescription of Property
The land referred to ~IQW is situated in +be State of California, County of San Diego, and is described as follows:
PrnCEL A:
bt l of GFWWIL,L,E PARKr in the City of &rlshd, Coilnty of San Diegot State of California, accordi.nq to the Map thereof No. 1.782, fiid in the Office o€
the Counkg Recorder of §an Dkego County, February 21, 1974"
EACEFT that portion lying klow the man high tide li.ne of the Pacific Ocean.
PARCEL B:
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An easerent for parking purposes over, i;tQderl along and across a strip of land
beirq more particularly described as fol?.ows:
Beginning at the lead ~?nd disc m;.,rked LS 4539 ak. the I\icrthear,ter.iy cu)rrler ot
Lot 2 approximately eight feet F six inches frm the curb; thence in a Westerly
direction a~ony the boundary 'uetween Lots 1 and 2 for a distance of 20 feet to a pir:t; thence in a Southerly direction perpendicular to the aforesaid
property 1-ine and first line for a distance of twenty-two Inc5es to a pint;
thence in an Easterly direction parallel to the first property line of fats 1
anad 2 for a distmce of twenty-three feetp six inches to a point; thence in a
Northerly direction perpendicular to the third lice for a distance of twenty-two inches to a ,point; thence in a Westerly direc'iion along the
property line between Lots I and 2 and paza.lie1 "io the third line for a
distance of three feet, six inches, mre or less, to the place of '&ginning e //
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I.;xtlki' : 3.- ri
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'p'o/ Calif ornid, Gcorgc? I:knCrin 49 th June 27, 1383
(waived by applica1 < , f'
, . ' CajifiPrnia Coastal Commission
" SAN DiECO C<h%J L3ISTKIC'f
6 154 Mission Gorge Road, Suite 220
San Diego, CA 92 120
(7 14) 280-6992 ' .. .. - , .
180th Day z Novcmf-Per 5, 1983
Staff : en: Ism
Staff Rc:port: Nay 31 I 1383
Hearing Bate: June 21-24, 3.983
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REGULAR CRTLENDAR "
STAFF REPORT AND PRELIMINARY IXECOPWNDATI0a;l ""
Application No. 5-83-81
Applicant: L. B, Mamlin 1.
Desckiption: Placement of rock riprap in Eront {seaward) of a storm dmrnqcd
seawall to protect ;?n cxis'cing single family rcsidcr~cc. Lineal
distance covered by t.hc rock riprap is approximately 75 feet;
seaward incmachment appk'~xi~~ately 20 feet.
Zoning
Plan designation
R-3
Residential
Ili.gh ~ensity (20-30 i?a/ac)
Site: 2445 Ocean Street, Carlsbad, San Dieqo County
EiPN 203-021-01
Su3seQifntj"vr: Filc-) h~ocumcnts: -- City of Carlsbad Mello IT .Scgmcnt Local C0asta.l Program - Coastal. Dcvclopment Pelrxnit Files: F5542, F6945, F795C
F9724, 6-82-153, 6-81-249, 5-31-5613, Appeal. Nos. 2-79 & 1.65-79. - California Coastal Commission Statewide Interpretive Guidelines
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STAFF IJBTES :
Summary of Staff's Preliminary Recommendation:
Staff is rcconuncndiny approval of the propo:;ed project with special conditions
addressing lateral access, subsequent approvals, State Lands Commission Review,
waiver oE public li.obili.dy, and maintenance of the rock riprap. ,
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PRELIMXNARY STAFF" RECOWNDATION " 2
.Staff recommends that the Conmission adopt the following resolut.iun,
X. Approval witP, Ccnditions.
EX^! i 15 ! 'f' i3
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G-03-81
Tf\c C'<J;~u\~j.~:;i~~; !\(:>:L!!J~ J" rl~:i>t:!.:; . . - . - .. ;L lwrmit CUI: t fi(: pr.<;i)o>:t':c'i ~CVC!I.O~XI\PII~, cut? jc.crt
to thc cbnditiox\s he3.ow, on t.1~ cjro~nr.t:; that, (A:: CCJIK.~~~~OIIC~, p.1~: (icvc1cq,lnc:nI: I
will I~U i.n s~nfoa'tnity with thr: ~wc)vi:~icx1s of Cl~~~l)tc:r 3 c>E thc C:iIj.Torlli;t COUSL~P
net of as?$,, ,an+ wi;f3h tfic provisions cf tho ccrt.i.ficd City of CcPrLsbacl Mcl3.o XI
Segment Local Coastal Program; andl will rmt ~lavo any significant adverso i.mlmcts
on the envirormerat within the meaning of the California Envirolmcntal Quality
Act.
XI. Standard Corrditions. . _"- ..
' : See attached page.
ILH. SpxiaZ Conclitions e
TIE permit is subject to thc following conditions:
1. Latxraf ACCCC;~. Prior to the transmlt.tal of' a co<lstal d,eTJclol>n\cl-it pcrmit """"" for this projcct, t.hc Exccutivc birc:ctor drill. cclrfrify in writing that thc following
coxadition huu been satisfied. ?'he ap~~l.ic;lnC sha1.1. t.xcc~zt;.c and record a dccunrcrst,
in a form and content approved in writing by tile exccutivc Dircctar of the Conmission
irrevocably offering to iacdicake to a public agcncy or prrivatc association appacoved
hy~the Executive Director, an easement for public access and passivc recreational
use along the shoreline. T'hc docuncnt shall also restrict khc applicant Prom
interfering with present use by the public of the arcas subject to the easemcnt
. prior to acceptance of the offer. Such easemeat sbll be fa%: $ha ax@& seawaxd ,
of %he toe uf the rack riprap. The documcnt shall incl.utKe leqal dcscripti.ons of
both the npplicqht's entire parcel. and the f'ascrncnt area and shall include an 826-
hibit prcpnrcd hy a qualified profcssiohal showing the lateral ac&s easement area.
Such cascmc~t shall be recorded free of prior lims ~xcept for tax Liens and free
oE prior c~~cunahrar~~s wh%cla ~IIC 1:xccutivc Dircct.or dctc!rmirres may affect the
interest $ci?cq conveyed * aha ofrfc,~ shall ru? with tkc; land in favor o€ the Pcople -
of the State of California, binding succe5surs and assig11s of &:he applicant ar Pand-
owner. The Dffcr 04: dedication sha.21 be irrevocable for a period of 21 yearsl suck
pcriod running from tlx date of rec,ording, I. \.
IJothing in this condition sllall be constmad to corrstitutx a woivcr of
any sort 01: a dctermhmtioii on a:iy issuc of: prcszrip"iive rights which may
. 1 exist on the pmccl itself or oh the dcsignaecd casesncnt,
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2. 2"- A plieant's ~ss~ption of ~isk. prior to the trwsmitta% of a coastal pa-mit;
the applicant shT1 submjt ts the ~xecutivo ~ircctor a daed rcs"i9l.ction for record-
ing frcc of prior liens except for. t.ax ?Lent;, that binds tkc. applicant; any succe~sors
th? review ana approval 02 the ~xccutivc Director, TIX [lccd rcf;tr.icti.on shall provide
{a) that thbs applicants a?r&rst;krid that t11c sit@ may I;C :;ubjcCk 1-0 cxtriiordin~arl
hazard from waves during storms and frain erosion,' and t.\-ic! nl)p.Li@mt:s assum the!
liability from th~:;e,,haza~ds; (h] the nppl.ieal;ts uneondi ti~nally waive any claim CPE
l~t~.~.ty QJ~ tho pari ~f t11c Conuninsion ox any .otl\c!r rcyla~at.ory 67iC,j(?ncy for azly
cianage from such I~ward~, as a conscyucrlcc OE approval of tlic projcct; and (e) the
applicants warderslrard thati consC:ruct:jon in the fact? of tlw;;e sCnow1.1 Imzards may makc
rchabildtat.lan of kilt: pgep.:~~~y in thc ovcllt cjf st^^^^^^
, in iaatcrcst. Thc form and content. of the dc:cd restriction shall LL~ subject: to
B-hcm incXigii~.ll~ fox: L>u'L>I..~c C~~SLIX~..C~ Et.R(I:; 02 loat~s POX XCLJ~~K~ ~c~):L~c:cI~cII~, ~r I.
I* ~ e. ,la?@
.i 6-433-81
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3, State Lands Commission Rcvicw. Prior to the tmtarlmittal. of a coastal
development, pcrmit for this projr~t, t.t~t a[)i!lj.cC~~lt ~f1,.lL1 ob.t..nin a writtan
detcmlnaciun Erorn .the State Lands Coxmi.ssio11 that:
a. ' NO Stat.e TJarld:; arc invol vc?d in tile dcve E oLmcant; c)i:
b. State lands arc? izlvolvcd in the dcVCIopnl(3r1t,v and itll l'crmi t.:; rc?quircd by
the State Lands Comiission have bccn oljtaincd; or
c. State lands may be hVCJlVCd in the dr:vc.lopmcnt, but pending a final.
detcrmirration a~1 agrecment ius beera msdc wi-tI1 tile State LaildI; ~0~nir;sion .
for the project to procc!cd without prc:judicc to t.llat c!ctcrminCx'C.ion.
f +. 9. Additional Shoreline Protc-ctivc wmkr.; ~ Sl~ould in tk: Euturc ac1ditio:lnl ""_ "_" shorefine protective works bc: nucc!u~;~ry to ~)rc>tc.ct ttw rcsi.ucncc f~un: :;t.usrrn wil\'cyp
such pQt@CtiVe works slta2.1 be designed no% t:s encroach furttwr ceaward than the
toe of the rack riprap apparovcd iil this pem1i.t.
5. Maintenance ~f Rock Riprar). ?hc applicant shall bc rcSpGIksibie fcx
maintenance of the rock riprap. Any rock which bccomes dislodgcd and impai.rs public
access shall be removed from the beach. The applicant shall conLact thc Coastal
Gomission office should major repairs to the rock riprap bc ncce~sary to datermine
if a permit is required.
-II_ -
Iv. Findings and DecBaratiQns. ."
The Cotmis$ion finds and declares as <ol~.o~:;:
1. I Project Dcscsi~tiun. '?he applicarit proposes to Ic;?\r&. rock riprap, which
was placed on the beach under emergency permit provisions of the Coastal Act
(ref. emergency permit 6-83-8l/EOO52), on a pcrmnncnt basis ir: order: to help protect
his residence Prom storm wave damrqc. The rock riprap was placed on the fxach in
mid February, 1983, against the seaward side of a dcteriorating concret.~ scnwdil;
the Executive Director issued t'hc onergency prmnit on February 10 r 3.383. As a
requirement of the emergency permit, the applicarrt was required to either arcmove
the rock within 250 days from thc date of issuance of the emergency !)ernsit, or
obtain a regular coastal. development permit to al.10~ .the .rock to ix kft: on a peman-
ent basis, On April. 27" 1983, the applicant. sub~nittcd a regular parnit application
requesting that the rock be allowed to r-ea;lin on the beach permanently.
The rock riprap, based on plans submitted by the contractor who 'performed the work
and based on Visual inspcction by staff, extends oceanwand of the old existing
concrete seawall approximately 2cI feet. Lineal distance covered by the riprap is .
approximately 75 geet. a
_I
..
' 2. Surrounding DcveJopment. The applicant's residence represents the nsrLt3ern
host existing residence on Ocean Street, in Carlsbad. Tu the narth of the applicant's
property is the so-called "Native Sons Property" ora which the, Comr~ission. bas approved
a 14 unit condominim project, and to the north of that subdivision tho mouth of the
Buuna Vista Lagoon; further north is the Sax1 Malo dcvelspnent with its extensive
rock nevet;me?nt. To the south is residential development, some of which includes
conkrete seawalls or rock riprap for protection from storm wave conditions. Immediately
south of the applicant's property is a condominium development with a concrete seawall
Which extend8 further seaward thzn the toe of the rock riprap which the aypli.cant: had .'
instal.lcd (ref. file I755421 e Further sc.uth is an spproxinlntcly one-third mile long
"
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expansive rock ruvctmcnt ~tli~l~ WLIS i.~l::Lal,l.t:d duri II~ t.hi.11 li~.;;t:. winkctr oll rlrl
t:~~~c.rge~~cy bisl.:) drlcl wl~bcil wF.i.1 1x1 t.iic YU~J,~C.:J~ of LI 1:nturc! r:cguJ.au: co;a:;~.dL lw;.rnit
appiicaticm:' - . .
3. il.istory of Shosclinc Erosion in NorCIl C:;irlst:ad Ar'c.ri. Whj.i.L? r!ut iI:,i dramaZ;ic
as the erosion problems in t!;e City of Oceansidc?, ncuerttleleSs, tk.: City of Cclrlsbad
kas for years bccn suffer:iny t:!?r: cffects of a c?.irni:lishin(~ i~ac!~ sariti rc!~~lunislmcrrt.
Sporadically over the last 5 or C years the Conunissior~ ha:; kc;n rt!quc:stxd to approve
individual. shorelinle 'protectivc devices of onc.? tyl~2 or anotl~ctr to [~r-oI:c~ct 1)r.iva.t~
duvclopnwnt on oceanfront properties in tho City of; C~rl:jI;nclt. Thcsc rcqucsts have
always raised the issues of balancing the nccd to protect private pxo~xrty and the
need t.0 protect the publ.ic's ri.gtlt to we sandy kach arr!as which llavc? historically
been used lciy the public. with good public access (both vertical ar;it .lateral. access),
the north CarLsbad beach arcas \rave been cxtc?nr;ivt:ly ti:<<?<l by tllc ;)~bl ic:.
Duriny the last wintor the north Carlsbad Ix~scI~t~~; wcbrc :.;cvc:rc-:ly c>ro(i(A during tl~c
hiyh tides and winter storm surf conditicns of J;tnl?ary and F'c~Jxu~L~;~ of 1.'.jB3. Many
of the properties fronting the wean in Carlsbacl expc:rienc(xl siqnificant. bItaff
recession this last winter, and decks and stairways were darnagcd or destroyed.
However, no residences were substantially damagcd or destroyed. Nevertheless, it
was recognized that. SORE emergency shoreline protection was required to protect the
residences from possible severe storm wave damnq.ed.
- ___""""_..l """ - ""._
4. Gculocjic Hazards. Thc North Carlsbad Oceanfront Area Ithat area north of
the moutk;of kgua Hedionda Lagoon) consists for the most part of bluff-top proportiw
with relatively gerltlc slopes leading downward to the bcach. Rcsidcntial development
has historicall.$ occurre3 in cascading fashion down the slopes. Some of the newer
deve1~opment.s have incorporated concrete seawalls into their design in order to afford
pratcction from storm waves {ref. files F5542, 6-82-153); many of the older develop-
ments have no shoreline protective works. Because of the gently sloping nature of
the bluffs, many of the residences include decksp stairxays and lanciscaping on the
lower portions of the bluffs. It is recognize? that th@ Carlsbad shorclim is an
eroding shoreline due the lack of sand rej.?lcniskmcnt. Thi s lack oE sand replenishrncnt
has resulted fron: CCKIS~TUC~~OII of the Cmp Pendleton Boat !{arbor in the 1940s which
blocks the southerly drift of sand in the littoral. ccl.1 and et?? darm;;ing of various
rivers which previously contributed ts sand deposition in the ,littoral cell.
Pursuant to Section 30171 of the Ccastal Act, t.1~ Com1issi.oi-i was required Lo prepare
and adopt the Local Coastal Program fLilP) .for the City sf Carisbsd. The legislatively
mandated LCP is comnonly referred to as the City of Carlsbad &€ello IT Segment. ECP
and was adopted by the Commission, consistent with Section 30171 of the Act, in
Sune of f9B1;4 Section 3053.9.1 of the Coastal Act; rcquircs the Corsnissbon to base all . permit decisions on the provisions of the adopted LCP. IncB.udc~3 in the KP aa part Q
of the implementLng ordinances is the '"Coastal shorclirrc ~aveloprnunt Overlay ~otle''
(,CR Overlay Zone) which coitains the following applicab)e prxwisions:
....
. .'
Revetments, breakwaters, groins, harbor chamclsI seawalls,, cliff
retaining walls, and other such construction that alters natural .
shoreline processes shall be.permittcd when required to serve coastal-
depencZent uses or to protect existing structures or public beaches in
danger from erssion, and when designed tu eliminate or mitigate adverse
impacts on local shoreline sand supply. As a condition. of approval,
permitted shoreline structures may be required to replenish the beach
with in-iported sand + Provisions for the maintenance of any pcrrnitted
seawalls shall be iH%&i~ded as a Gcmdition of project approval. As a %u%'$h@:?? %@&,fpkiqg of apiGQv;a&.r ptlrn?.&*k& skg~g&.$.nc ai:ruct\lres e:"la.Xl be
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required b provide public access. P~Q~EC~F; which crcatc d.r-~qc spoils
sha%l.bc required to deposit such spoils on the beaches if the mte-xhal
is ~~~i.i.t&l~ Eosf sand replenishment. ~crrwa11.s sIlaI1 3361 Corrs~rUC~cd
@ssentially parallel to the base of the bluff and shall. not obstruct 0s interfere with the passage of l>,coylu alortg the beach at any time.
The! 6D Overlay Zone also c0ntaipl.s rcquircmcnts for the rccnrdinrj of 5 c1ccyj r(::;tric-
tion whictl acknowledges that the property may Lw >;;utt:jc:ct tc~ irazarcls crom s;torrn waves,
' As stated in the project desc~ipeion, thc Exccutivc Director did issue an rtmergerlcy
permit for the temporary placement of rock seaward of the existinq deteriorated s
seawall QFI the subject property in order to protect the existing residence from
potential 9&vcre damage should the concrete seawa1.1 have Eaikcd. It should bc?
noted that the seawall was showing s",rcss siyris {crack.s) I and with t.hc dramatic
dxsp in sand levcls 'Lias in danger of col.1apsing.
The Conmission finds that the applicant's request to retain the rock rip mi^ on a
permanent basis is in conformity with the above noted provisi.on of the CD Overlay
'Zone. CleauLy the reek riprap is intended to protect an existing structure frcm
storm wave damage which is occurring as a result of shoreline erosion, However,
the Commission cannot, with total assurancet acknowledge that the rock riprap
will protect the structural integrity of the residence during future, stom wave
conditions. In fact, the rock riprap was nut installed based on the recomenda-
tions of a qualified engineer; ratherP it was simply PnstziElsd by the cantractor
who is nbt a licensed engineer. The rock riprap sh~~bd provide needed protsction
during most stom conditions, however, it is not known whethor thc rock t411
withstand subsfantial storm conditions. Thcrrcfore, special conditions H2, $4
and t5 have been attached to this appr'~~~i. Those conditicns require recordation
of a publ.ic liability waiveriassumption of risk provision which recognizes that
the North Carlsbad Area is a known eroding snoprelinc area and that the rock riprap
my, QP: may IIQ~~ provide sufficient protection from storm waves and erosion; noti-
fication to the applicant that should additiorzal. protective works be necessary
in the future to protect the residence from storm wave danage, that such protoctivc
works shall be designed nut to encroach furtlxr smwaad than tho tow sf the rock
riprap approved in this project; znd, a requixercent concerning maintenance. of the
rock riprap. ,.
With &he special co!lditions, tl1c Comnlinsion finds &ti& 1tKOjeCt ill COlifOrfllanCC wit'h
the c~~~~~.~J Shorc$incg raevc?l.opm::Ist Ovcriay 'ZO!IC provisj 011s rcl.atcxK LO g~ot~-t-ixbcg e:
ing stroclures. Additiollal findizlys yelzteg, ,LO pabl%C aCCeSS rlm prGvid@d 'uelow;
co~issj.o~ alsa finqs that since the projccl: nay involve lands, subject to Vl~, pub trust,, ' thal; the Commission~dccision must bc in conformity with applicable prOViSi
chapter 3' of'ththe Coastal Act since Chaptek 3 rennains. thc basis for all deCiSiol.lS
. . projects involving publib trust lands evch'after'an LCP is certified. Sectiom.3
and 30253 of the nct'are applic*le tb~ GcoZagie.2bzards and the Cormission fin&
project in c~nfosrma~ce with those provisiozs. These provisions of fchc Coastal AG
..-'~QZ cons~ruction of shoreline protcctivc measures provided ehpy arc tncccssaxy to
existing scructurcs an3 provic?cd they da not adversely i~rq?a~:t'si.aorClinQ Pl22COsses
subscqucnk fihdibg 011 th@ impact: 'of &lQrCli%lC pratdct.ivL r;lt~uct~r~s 0; ~~~~r~I ah
public access)';
"" - -
" -. -
.r
5, Public Access, Section '30604'(c) of the Coastal Act requires that my..
~avelapme~pernnitted betw&en the near&& public road and the sea sha11 be found
in con~amity with the p&lFc access and public recreation policies 02 ~hapter S,
The public ~CCBSR and recarea'cian policies apphicabbe to the proposed project ares
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. ,:,' Section 30210 - In carrying out: khc? mrc?quirr:rncrbt of: Scction 4
uf ~rticlc X of the California Con:;tiZIution, maximnrn ;ICCCSS,
which shall be cons~.Lcuously posted, and recreational ulqmrtuni-
ties sha13. be provided for all the poopicl? consistent with :,-mb.Lic
mf<ty aa'eeds and tho nccd to protect public rights, rights af
private property ownersI and natural rtssourcc' arcas from ov~,"~usc!.
Section 30211 - Devcllopmcnt shall llot intcrfcxrc witli thc pui2Li.c':;
' right of access to the sea where acquired through uset custom,
or .legislative authorization, including, but, not lisnitcd to, tho
use of dry sand and rocky coastal beaches to the first line of
terrestrial vegetation.
ection 30212 - Public access from the nearest public roadway
$0 the shorciine and along the coast shall be pr~~iil~d in new
development projects except wherc (1) it is inconsistent with
public ,safety, military scxurity ncecls, or the ~~rotcctkon of
fragile coastal resources; (2) adequate access exists nearby ...
I_
c .,
I
Additionally, the certified LCP Coastal Shoreline Development Overlay Zone'states
that as a requirement-. of approval of "seawalls and other shoreline protective
devices" that:
Developments ahall be conditioned to provi.de tile public with the
right of access to a minimum ~f 25 feet of dry sandy beach at all
, times of the yeax, The minimum requirement applies to all new
developments proposed along the sh~reline requiring any type of local
permit including a building permit, minor land division or my
otlaek type 0% discretionary .or no:~Giscretionary action.
The Cammission finds, consistent with the above provisions of tt~ Coastal ~ct and
the certified LCP, thak pem.anent retention of the rock riprap will mt significantly
interfere with or hinder the p-&%ic's right of access to the sea.
The rock, as previously stated, is located i.mmediate2y seaward of the existing
deteriorated concrete seawall and does not eltcroach a5 far seaward as,%he concrats
seawall LOCated on the properky czdjacent to the south. While the rock riprap does
result in the loss of sandy beach area, it is &he minimum are& rmcesfiary to
accommodate such & shoreline protective measure and,...because ofthc concrete seawall
to the south, the Loss of this beach is not considered .subsCantial, Nevertheless,
there its a lass of sandy bcacfi area which,historicalfy the p&lic has used. ft %5
noted that the applicant has, sfncc 1973, recorded a '9rEght to pass" dacument in-
dicating that he is granting permission for the publ.l.c t0 use His land oceanward
of the seawall. Ibwever, as stated, the North Carlsbad beach area has historically
received considerable public use and, in fact, a public QJ~T~FGBE. access stainway ..
is located adjacent fa the applicant's northern bourdasy which receives heavy use
during the suimner months..' Recordation of a "sight to pass': document is not adequate .' kitigation for the loss of sandy beach area as a result cE the installation of the rock riprap. The COIFJR~SS~OR must evahzte the project both ~r;.its individual merits
and OR the faasis sf precedent and cmnulative impact. he q3pEiCa.TIt'SbprQjeck. tepresents the first of bout a dozen ocean~ront propert3es in the NCX~IX cnrls'saa
area which placed rock riprap on the beach during this last winter'@ atoms and
which wQ.1 require'regular coastal development pemhts $0 retain the rock on a
permnent basis. While there is som~ question as to the proper alignment: of the
rock riprap Qn some of the other properties, the applicantss rock riprap has; bean
pn~p~ly aligned ta minimize beach encx~a~he~lt. Therefore, the commission Efnda
that the rock, riprap sh~uld be approved as a permanent shoreline protective measure' *
prQVidCd the &pgl.ic?aflk K@GOEdS OII d,rreVQCr'lj3:l..l: Gffer il0 d@diCa~t~ a 1j,kcral &cCesR
t \.@ * 1 kl 6-~r33-1:11
1 Page 7
./#/' easement seaward of the. toe QE the rock riprap as requircd by spcci.al condition #a.
' d' The f0llQWing discussion provides ttic Coxmission' s rationale for ncquireing the
lateral access dcdication offer.
6. Irhpact oE Xhorcline Protective Structures on Lateral. Shoreline Public Access
In gener&.;* where a beach is bounded on +he inland side by bluff, seawall or signif i-
cant vegetation, the width of the beach is generally. ciefinsd at some time, often
regularly, by this upland barrier. IR the case of bulkheads,fseawalls designed to
protect inland structures from wave damage, once waves reach the seawallt the re-
flected energy causes the sand in the front af the seawall to bc scoured outd thus
leaving tho seawall to define tiw upland/occan boundary for a larger period of time.
Vertical rjeawalh k-cflcct more VJ~VC. enerqy and cause groat-er sand scour, in general,
'than sloping seawalls or irregular rock walls, bluff faces ob: vagetation boundaskcs.
Abb of tho hundarioe ref lcet more energy than a steep sandy or cobble beach. Thus,
the definition of an inland extent of thc bcaoh by a nataral or manmade feature is
pro$a9.>ly s64erl.r. limited OK non-existent for at least t~:a times sf jlicjl;.est water.
If the scccssway ,is defined as or by this iril,kI1d bounthry feat.uro, tlic la1~3uwncr is
IIIO~U secure from wave attack bellind t11c barri.cx, wllilc public acccus is dirninishcd.
Because of these relative benefits and burdens, tile Coranission finds that the acccss-
way ~ho~ld be defined as an area seaward of the boundzmry fcaturc so as to ensuro
greaten: offsetting pubEic accc?ss if the width of Chc beach fluztuatcs from season
to season. In this wayo the Cormissicin can carry out the CmstiLutinntd and statutar
mandates that access "always be attainable" arid ''naxi~num access. . . be provided for
a%3 the people,.'' Private developmcnts which create impediments to public access
along the shoreline by eliminating sandy beach arcas impose a burden on ';he ability
of the public to enjoy and use of a public resource -- one to which access is
guarantcbd through Sections 30215 and 30211 of khe Coast:al. Act and ArkFcle X Section
4 sf the California Constitution.
~ivesn the rcqui.rement of ~ection 30~;08'$c) of the Coastal. ~ct that projects ~cscatcd
between the first public road and the sea be in confarmity with the access policies
of the Coastal Act, a shors$ine protective bark which runs tho ri~k of exacerbating
shoreline e~o~ion and loss sf shoreline sand supply mast mitigate or eliminate such
adverse impacts. While it is difficult for such works to wholly eliminate adverse
impacts, it has been the experience of the Commission, through many permit ac2;ionc
On similar projects, to mitigate those impacts through the provi~i~n 62 increassd
165-79, Blue Lagoon C'o~nrr~unity ASGOCiatiOn, Inc..y Permit No. 5-83-568, Schafcx, at; all
to nmle a few) as more feasible means sf meeting tl.te'.requlremcnts of the Coastah Act.
I
' public ace~?SS to and along the ~jhoreiine (Appeal NO, 2-79, Iql,a Vista> Appeal. NO.
In addition to the aforcrnentioncd previous permit actions by the Conmission on
applications or appeals ~n similarly related projects, the commission appkoved B
permit. with conditions for the reconstruction of a seawall for 'the Dluo Lagoon
Ckxnmunity Association, Inc. in South Lacjuna, Orange County (Appeal No. 165-79). The
Coxmnission found that due to the construction of the seawall, ;public access along *
the shoreline wak adksehy affected. Due to the physical impairment to access
during periods of %ow sand supply on the beach, in part created by the seawallB
-.. lateriel access was required as a condition of approval as weS.1 as the ~KOV~S~O~ of
enhanced lateral access dlwing periods af low sand supply thrskgh the construction
of stairdays fox "emrgency public access" to and along the 'cormunity road fore use
by the public for the sole purpose of aczesc4 to the beach when tidal or wave action
prevented safe passage along the beach seaward of the approved development,
In cansidcrir;g the impacts oE shoreline protective works on shoreline processes and
shok-elirie sand supply, additional Coastal Act policy concerns are applicable and
mast be addressed, Sections 30235 and 30253 (1) and (2) of the Coastal Act state, .
in paxtt
y
*#' / ?a. .' 6" ,r" 6-03-fl3 . "/
~ /,.#~' . Page t3 /'
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SBction 302 35 e ,. .I .I . I
, Revetments, breakwaters, yroins, harbor channels, seawalls, cliff
retaining wapIIs, and othcr such construction that alters natural
skorc?Line processes shall be pennittcA whcn required to serve
coastal-dependent uses or to protect cxistinr; struct;urcs or public
beaches in I%m&!r~ from erosions and when designcd to eiiminatc or
mitigate adverse impacts on local shoreline sand supply.
Section 30253.
E$& development shall :
(1) Minimize risks to life and property in areas of high
geologic, flood, and fire hazard.
(2) Assure stability and structural integrity, al?d neither create
nor contribute significantly to erosion, geologic instability, or
destruction of the site cr surrounding area or in my. way sfequixe the
construction of protective devices that would substantially alter
natural landforms ;along bluffs and c3.if.f~.
a
Previous attemps in the Halibu area of Southern California to protect homes from st
wave damage and erosion have included 'the construction of wooden or concrete saawd
and the placement of riprap. Such structures tend to cause the loss of sand from
beach areas in .kront sf and adjacent to them (according tu "Planning for an Erodirt!
~oast," a report tcr the Coastal CoItuniskion by Frank Broadhead, Share Protection
Manual., Anny Corps of Engineers, 1977, and Saving the American Beaches: A Position
Paper by Concerned Coastal Geologists, Pifkejr, et aL, 1981). The impenetrabPe
surfaces of the structures or boulders reflect the energy cymerated by the Breakin!
waveso resuiting in the scouring away of the sandy areas in front of and up-and
down-coast from the structrarss. And, by artificially building up and. sTsepening et
slope in the vicinity of such structuxes, two .additional effects occur: (1) wave
eraergy is not gradually reduced, as would occur on a more yeratLy sloping beach, bui
increased, thus exacerbating the scouring effeo6 on zdjaccnt sandy beach areasp ant
(2) the structures tend to cause a landward retreat af the mean high tide Line,
potentially affecting the boundary between public and private lands along beaches
adjacent to the project as well as on &e project site itself.
The U,S. &spy Corps of EngineeKS' Shoreline Processes Manuald \'ole XIg states:
-
.4
5.22 Limitations, These structares (seawalLt3, revctmknts, bulkheads @
etc.) aTfor4 protection only to tha land imedintely behim8 them, and nsna to adjacent .areas up or domcaast. 14-xm.hu'i.1P; on receding sh~~lin
Pay tendency toward loss oi beach material in front 04 such structutes
may well be intensified. Where it is desired to maintain a beach in the
immediate vicinity of such structures, coapanion works may be necessary.
Wage 5-3)
- 5.26. Erosion updrift from such a structure will continue unabated afte
the wall is built, and downdrift erosion will. pmbably be intcsnsifk@d,
(Page 5-41
. .' the recession will continue ar,d may be accelerated on adjacent shores.
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P;;Cjc? 9
In acidition, the State Interpretive Guidelines reference "pm'jects whose burden
with particular emphasis placed 0;; the impact of shoreline protective devices:
, on pwb1-i~ acpss may nst be sucocssfully mitigated with only a 25 foot ~CCCSSWB~"~
r" #, .- . .
4 Shor&ine prot,ective ~CV~CCS~ particularly vertical. seawali.1~ 8 have
serious adverse effects CXI coastal resources, Such seawalls increase
scour from their base and thus, decrease the area of usable beachcs.
Also, because shoreline protective devices are intended to halt the land-
sUbject to erosion, AS such, they taw2 to limit p&lic passage 0x1 hasachep
especially at high tidaa>and stom conditfane. Further, co;~strue;tion
of shoreline protective dcvices elirninatcs dune matcrial its a SOUX~
oE, beach sand, and further limits the ability of the shorbLine to
migkale as it would in a natural ~tatc!, Given ~IAC\:X addl ";orla1 direct
burdens on the avaihbifity of sandy Ivxch crnd the rcsultmt impacts
on public access to tho stab-ownod tiduimil:;, 1 t it: on~.I.y witla clcldi-
tiorla1 provisions COK pd>lic aCc:oss ti1;df; tlli~ burdm can 1~t: ufficicntly
mitigated and thus that construction of such devices can bo found consis-
tent with Suction 30212 of the Coa:;tal Act.
I ward.prsgreqs of erosion, they tend to define %he shorePina in areas
It has been the CommissionPs experience, basod on tilc rcvirzw of previous similar
shoreline protective devices ar.d of scientific and engineering data pertinent to
the ~iubj~ct, that such devises have an adverse impact on tit~oralinc sand t;upply and
direct advcrsc impact on public access along tile shoreline. Such development,
therefore, is inconsistent with the requirement of Section 30235 of the Coastal Act
which allows such B~XUC~UKW only 'I.. . .when designed to eriminntc BZ mitigate advcr
fmpitet.a 0x1 shordine sand supply . . . .'I since the primary purpose of revetment is to
protect landward structures and property. 'As mentioned earlier, however, the
Cummission has approved such project5 with a condition ts ensure that .any potential
or expected loss of sandy beach for use by the public shall. be mitigated through a
requirement that applicants offer to dedicate lateral acccsa easemcnt fdr p&~e US
almg the shoreline from the mean high tide line ts the toe of any such shorelkne
prQteCtiV@ dCViCC. .I
3x1 conclusian, the Comiseion Eirids th-t the proposed project daersl place burdens on
public accem and coastal resources .xd that an,?ccess dedication seaward of the tc
of the rack riprap represents an appropriate balancing. ot tke public and private
burdens and benefits. The Comnisssion finds that the proposed development, as
conditioned, is konsisterit with the Section& 30210, 30211, 30212, 30214 and 38604(c
sf the Coastal Act sf 1976, an4 with the'a@pliC&tt,lC? prtavisions of the cdr'cified Cit
, ..
Qf CarlSbad MtlllO 11 SegmWIt LCP.
' ?. Vertical Access. With regards to wertical access, an existing concrete
public access sta+rway. is located Lmmcdiatcly to tho north af the appl.i.cant'~a prop
Thue, the Commission finds that adequate vartical access exists nearby ttra subjwt
pmparty consistent with Section 3G212 of the Coastal Act and the certifiad XP. 'p:
rock riprap does not impair use of the public ratairway.
* 8. Subs*ent Appr~va3.s for Additional Shorcl.inc Pr~t~ctive Motisurea nr!d
Maintenance uf the Airoved Rock Riprap. The Coinrnissir;n further finds that syccfaE
conditions #4 and #5 are required to assure that publ.ic access is not further inpal
by incremental additions to the rock riprap or by rocks thczt may become dislodged.
Any futua proposed shareline protective works musk he reviewed by the Coastal
Commj.ssion. With special. conditions #4 and 85, tl~e Commission finds the project ir
CanfOmiity with Sections 30210 and 30211 of the Coastal Act as well as previous
" II """ "l"."""-I^
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6-83-31
Page 10
Commission permit actions and the certified City of CarLsl.-)ad Plello 11 Segment LCP.
9, PurenGial Public Trust: and Prescriptive Rights. Two remaining issues wkic
should be addressed are potential public trust and preycriptivc rights concerns.
Staff di'scussions with the staff of the State Lands Commission iadicates that the
North Carlsbad beach area seaward of the bluffs may be subjcct to public trwt claJ
While the Coastal Commission is not concerned with resolution of thc public trust
issue at this time, it is important that the issuance of this permit not be con~tm
as a deterrcination with regards to the public trust. As a result, special condieic
W3 has been inposed to insure that the State Lands Commission reviews the project&
As previously stated, there is evidence that t.he beach area seaward of the old exk
concrete se'awall has historically been sed by the public Ear lateral beach access
recreational purposes. Therefore, prescriptive rights may exist on portions of thc
property. The last paragraph of special condition #l clarifies that the lateral ac
easement does not serve to extinguish, adjudicate or waive potential prescriptive j
In conclusion, the Commission finds that, as conditioned, the projecl; will act
prejudice any public trust or prescriptive rights claims and that the project is i.
conformance with Sections 30210 and 30211 of the Coastal Act as well as the ceartif
LCP *
LO. Local Coastal Program. Sections 30170(f) and 30271 of the Coastal Act WCSQ
apecial legislative amendments which rcquirod th Comissi~n to adact and impl@mcm
a Local Coastal Program for porticns of the City of Carasbad and county islands pr
to specific statutory dates. The Commission did so and in this paxmit application
acta like a loc&l govawnrnant. Ti~e CO~~~~SS$Q$-I'S permit decision must be adequate
to carny out; the as?optcd zoning oardinarice as required by Section 30519,k; bweuer,
since the project may irlso involve lands subject to the public trustl the Cornmissi
is also baking its firdings of Chaster 3 sf the Coastal Act. The basis, for approv
projects which involve public trust Lands, even after an LCP is certified, is Chap
3 of the Act. In any eventpthe Commission finds, as noted Fmz the pzevious finding
that installation of the .riprap, as condition herein, is in conformity with both t
applicable policies of Chapter 3 of the Ccastal Act.and with the certified City of
Carlsbad Mello I1 Sepent WP.
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IQ ,%-"-- ~\aoti'cc of ~ccc&=anct Acknowf.cdgcrncnt. Tim gcrrnlt Pa not valid and const.ructj.onihsl~ not eomnc.ncc untG a copy 02 4~1m pcrrnie, signed
by the pcixmkttcs! or rluthwizcd agcnt, nckngw%cd~ing'reccipt of tho
germit and acceptance of the tcms and. conditions, is returned to
tho Comission office.
* 2, miratioE., . If ,.doLclopment has not com~nenccd, the permit will ~~pi~b
two ~PC~SO f-k@ln th htc on which the Commission eotcd 082 Lha &f>plicatkon,
CQwstpdi~n shalb bc! purwcd in ip PfiliTcrik manner and ccsrnplctr~cl! in a
arcasbbablc pcried #f time.. Application far. extcnsi.ora of &!E permit
* must be made prior to thc expiration date..
' 3, Cotnpliancc e AII dcvchopmcnt :oust 6c6Jur BE% strict. compliance with the
propsrsaJ. as set forth in @he application for pcrrnit, subjcct LLJ any.
~pccia3. canditions set forth below, Any deviation Exom the appru~~d
plans a~st bo rd.ewea and sapproved by tha staff and aliy require Conmimic
app9-0traa *
W~BP be rescs~ver~ by the. ~xccut~ve Directon: or the ~omaission.
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4. Interpsctatfon. my .{uestions OZ intent or interpretation of any csnditic
5. Zn&otbOnS. The CQPdrsiSS~O~ Staff Skii381 bt3 ZlBIQWCd e0 hSpC?Ct the Sit@
and &ha devclopmcnt during construc$ion, subject to 24-hour aadvancc
notice e .. 8
6* "".- Asaiqrirncntb %he pernit may be assigned ts any qualified person, provided
assignco files with the Cormission an affadavit accepting alL terms and
conditions of tha pcmit.
.I *. -, 7, Terms and Conditions Bun with the Land.' These terms arid condit'i~n~ shall
ba porrpetunl, and it 1s thc intention QE the Commission .and thc pcmittnc
to bind all future owners and pocsessors't~f tha 'subjec6 proprsty to tho
tcrms and conditions.
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? . i” .Colilcrnio 92035 felophcnc: (114) 14)-89’81
PUBLIC ACCESS EASEMENT
PUBLIC ACCESS EASEMENT
AN EASEMENT FOR PUBLIC ACCESS QVER, ALONG AND ACWOSS THAT PORTXCW
COP LOT 1 OF GWBWHLEE PARK IN THE CITY OF CAXLSBAD, COUNTY OF
DIEGOO STATE OF CALIFORNIA, ACCORDING TO MAP ‘THEREOF NO. 3-7882,
FXLED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
FEEE?UARY 28,1924, LYING WESTERLY (SEAWARD) OF THE FOLLOWHPFG
DESCRIBED LINE:
COM@ENCIP;IG AT THE SOUTHEAST CORNER OF SAID LOT B; THENCE ALONG
THE ‘SOUTH LINE OF SAID EQT 1 SOUTH 53-29-08 WEST, 136.80 FEET TQ .
THE .TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE NORTH
POIINT BEARS SOUTH 57-29-08 WEST, 180,LO FEET FROM TEE EJORTMEAGT
ClBRlMER OF SAID LOT 1,
32-3L-80 WEST, 75-01 FEET TO THE SORTW LINE OF SAID LOT Ip SAID
I
TITLE C6.
~PECIERIKLMCL
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