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HomeMy WebLinkAbout1976-09-21; City Council; 3774; Beach Access at Cedar StreetSeptember 21, 1976 -7 DATE : d Initial-: Dent.€ld. d L BEACH ACCESS AT CEDAR STREET Statement of the Ma.t.ter The City has received a letter from Mrs. J. M. Vigil concerning beach access adjoining her home at 2805 Ocean Street. The nature of her complaint is that persons using this beach access are within two feet of her home and create a trespassing problem, theft, and nuisance incidents. Due to the placement of the access construction and the numbers of people using the beach, it is impossible to have adequate security. Staff investigation and police activity logs confirm Mrs. Vigil’s complaints. Staff further feels that the requirement for beach access at this particular spot was due to the erection of a sea wall and that the Coastal Commission made this request not realizing that public access to the beach was available one block to the south. The police log indicates complaints were also received regarding problems with dogs. The County animal shelter has been contacted and they have assured staff that measures will be taken to control .this problem. Our ordinance states that dogs must be on a leash in this area. c Exhibit Letter from Mrs. Vigil dated August 25, 1976 Police log relative to activity reported at Vigil property Recommendation That the Coastal Commission be requested to allow the property Owner to close this beach access due to parking problems and the availability of public access one block south. Council Action. 9-21-76 Tt was moved that the staff recommendation be approved and that the Coastal Comrnission be contacted requesting the Coastal Commission allow the proPerty owner be permitted to close this beach access due to parking problems and the availability of public access one block south. Dear Sir: At+-?tion.: Mayor and Council August 25, 1976 2805 Oceqn st. Carlsbad, Calif. After discussing the serious crime problems at the Carlsbad beach location, 2805 Oceon, with your city manager and various members of the police department, I was advised to write this formal complaint and suggestion. First: The problem after a trial of two years revolves around continued harassment by people who are taking advantage of and abusing the public access at Cedar Street. This access has made our particular private propery particularly vulnerable to Ch theft and nuisance, because it was built directly adjacent to our building, No other aacess is like this. If you would look at the official police record of complaints, perhaps you too can see that security is not adequate nor can it be,due to the particular placement of the access construction and the amount of people using the beach, both renters andpublic. to me by both police andlcity personel.- znfn.rp~ This fact has been confirmed O%:,QY I The suggestion I offer is that you agree in letter form that the problem has been recognized and you agree at least in principle that the access be closed, perhaps until further accessment of the problem is made. Mr. Howard-Jones has agreed to this,if you add your opinion that it is advisable. 1, The access is unnecessary, since others have been provided. 2. Police security is especially difficult in this particular instance. Should you discuss this in your council meetings, I would like to be notified, Thankyou for your courtesy 2 d i I i -_ I r' - .f -- CARLSBAD POLICE DEPARTM, MEMORANDUM r TO: CAPTAIN W. D, ROSSALL DATE: SRPTR~.R 7, 1976 FROM : RECORDS DEPARTMENT SUBJECT : REQUESTED RESEARCH TO: CAPTAIN W. D, ROSSALL DATE: SRPTR~.R 7, 1976 FROM : RECORDS DEPARTMENT SUBJECT : REQUESTED RESEARCH The Daily Activity Logs for the months of May, June, July, and August 1976 were researched as requested, with the following results: - NO ACTIVITY was recorded from Subjects HOWARD-JONES, KLOSERMAN, or SWARTOUT during the months listed above. ACTIVITY was recorded from Subjects DOLEN, and VIGIL as follows: NAME DOLEN, Harve VIGIL, Sally VIGIL, Mrs. VIGIL, Mrs. J. VIGIL, Sally VIGIL, Mrs. DATE ACTIVITY LOG ITEM NO. 8- 10- 76 6- 19-76 6-25-76 6-27-76 8- 12-76 8-14-76 f10: #ll: il 1: i/ 5: 1/ 9: #15: Reported fire extinguisher missing past evening; second one missing in past three months; empty one left in place of stolen one last night. Reported attempted entry to apartment: RP did not wish contact; requested Patrol of area; reported for INFORMATION ONLY. RP advised apartment had been broken into and damaged; Trespasser on property at night; extra Patrols requested only. Reported Subjects trespassing on private beach; RP very irate; RP contacted, req- uested frequent Patrol. RP requested more frequent Patrols of beach area; has had constant problems with trespassers and dogs. Reported young female walking dog without leash on beach in area of 2300 Otean/UTL. -- NOTE: NO ACTIVITY was recorded for the months of MAY or JULY from the above named Subjects. 2 N. Haidinger - RECORDS DEPARTMENT-' BY: 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Manager September 30, 1976 Joseph Bodovitz, Executive Director State of California California Coastal Zone Conservation Commission 1540 Market Street San Francisco, California 94602 The City of Carlsbad has received complaints and a letter from Mrs. J. M. Vigil, 2805 Ocean Street, Carlsbad, concerning a beach access stairway adjacent to her residence. The nature of the complaints is that persons using this beach access are within two feet of her home and creates a trespassing problem, thefts, and nuisance incidents due to the placement of the access stair- way which makes it impossible to have adequate security. Mr. Howard-Jones, who owns the property on which the access stairway is located, indicated that the stairway was constructed as a condition of obtaining a Coast Commission Permit. The Carlsbad City Council discussed the problems created by this access stairway at its September 21, 1976 meeting. During these discussions it was pointed out that there are two City owned and maintained beach access stairways within two blocks of the stair- way at issue. It was noted that there have been few complaints from property owners adjacent to the City owned access stairways due to the design which provides adequate separation from adjacent properties and the addition of landscaping. In addition to the crime problems noted by Mrs. Vigil, the Carlsbad Police Department has noted an increase in parking problems and parking violations on Ocean Street due to the availability of the beach access stairway. Although the City of Carlsbad is not initiating the closure of the beach access stairway on Mr. Howard-Jones property, the City feels that the property gwners in this particular case, should at their tion, be allowed to close the stairway to general public use. City Manager PDB : ldg cc: Thomas A. Crandall, Executive Director San Diego Coast Regional Commi.ssion ., P I -_ EDMUND G. BROWN JR., Governor P' -- * +SJATE-OF CALIFORNIA -- - -. - . --- . CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION 1540 UKET STREET, 2nd flOOR SAN FRANCISCO, CALIFORNIA 94102 . PHONE: (415) 557-1001 Paul D. Bussey City Manager 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Bussey: In response to your letter of September p, I am enclosing a copy- As you may know, the beach access was of the minutes of the meeting at which the matter of the beach access stair- way was resolved by the Commission. required by the Commission mder the mandate of the Coastal Act (Proposition 20) to mitigate the effect of the proposed seawall right on the beach. Tne property owners nay, of course, apply to the Commission at any tke to zwnd the access stairway condition. I hcve no way of knowing what the Commission's reaction would be to such an application? but the Commission would of cozrse be willing to consider carefully the availability of access to the beach from nearby points. On the other hand, the-Commission might be concerned if the seawall were to rerxin on the beach while the public access to the beach is diminished. ha, based on past Comission decisions, I seriously doubt that the Commission would agree to the sugges-lior, in the last paragraph of your letter, i.e., that the proper* owners De able, at their discretion, to close the stairway to general public use. Executfve Director cc: Melvin B. Lane Tho~as Cranciall .- -eA kbstantially lower th s nearby. He said therus a need for parking to serve the bank customers and- be available to the public regardless Of banking hours. He said it was well designed and felt it would be a definite asset to the community. Commissioner Laufer asked him if the new facility would be occupied by the bank only. would be leased. Mr, Reid said he could not address himself to that but guessed it would not be free. Codssioner Laufer asked what prohibits the bank from improving the dirt lot into additional parking space now. a loss in parking, because the empty -lot is usd-now by car-s. He s&d-the -326 cars-on- the application had been reduced to ll0 as a result of the landscaping requested by the Regional Commission. Mr. Reid said the immediate need is for 10,905 sq. ft., so an excess of 1,600 ft. Commissioner Laufer asked if the public parking would be free and Mr. Reid said it could be landscaped, but that would be -- Ms. Pey-bon said the past 7 years La Jolla has faced the type of development that she thought generated Proposition 20. building heights were singlestory, but that the building will close in an intersection mw open and free. She said that right now the public uses the dirt lot during banking and non-banking hours as a parking lot, and if the public must face the closing off of one She said they never claimed the surroundjng more intersection then at least it should have the continued free parking. MOTION: close the hearing, seconded by Cdssioner Ftidder and unanimously approved. There being no further speakers, Codssioner Wilson moved the Cods%tLon Vice Chairman Harris said she would like to address the following to staff: perflpheral parking for this kind of unique coastal community, employee's car pools, bus subsidies, ate. structures and more traffic generation. She asked the staff to explore some of the options to proliferation of parkir& Commissioner F'rautschy said there had been suggestions over the years of a pedestrian He said more parking mall ard other features, but the residents are used to free parking. is badly needed and +,he location of the structure would be attractive to La Jollans. Vice Chairman Harris said that was a perpetuation of the problem and she was 160Hng for a new approach to the problem. e. Appeal No. 1 . Appeal of San Hego Coastwatch from decision of San construct seawall and rock revetment at and adjacent to 2775 Ocean St., Carlsbad, San < Mego Coast Regional Conmti%~~ granting permit with conditions to Tobo Investments to Mego COurrtye Mr. Bodovits Said the proposal here is to construct 120' of seawall in front and around corners of this-efisting beach front motel to stop erosion and, also, a proposal to put a 120' rock revetment in front of the vacant lot between the motel and the property on the other side-of the lot. Showing photos, he said although the seawall is necessary for erosion control it nonetheless encroaches on the beach and the Regional Commission required a condition that there be a 4' walkway across the top of the seawall. So it appears to the staff a satisfactory mitigation for public access has been made. He said there was ample reflection in the record of the need for the seawall and believes the decision of the Regional Codssion is justified by the record. no substantial issue. Thus he recommends Ruth Peyton, representing San Diego Coastwatch, showed a slide of the site in winter, She edd that since the seawall,is going to be built entirely on the beach, there should be something for the public. She said to the north there is no beach access for 3,500 ft-; that the applicant's stdrway connected to the sidewalk that is basically a street erding ai ehe requeded that this stairway be posted for public use or public access to the beach. Mr. Bodavitz said that certainly if the applicant, were to wish to build on the vacant lot, they would think access to the street down to the beach would be a very important cordition of such a permit, but whether that is a reasonable condition in +w- om?li~at.inn 4s for the Codssion to decide. 2- -* - XITION: Commissioner Frautschy moved the Commission find no substantial isme, c1 seconded'by Commissioner Harry, and the vote was 6 in favor, 3 against.- The motion having failed, Chairman Lane opened the hearing. Mr. Bodovitz asked if the applicd would address the question of whether he would be willing to provide public access down the stairway in wMch case staff would recommend issuing a permit with that condition. I Tony Howanidones, representing the applicmk, said there are 2 public access' points at the-pre-wnt,. %he, one 400'-and one 1, O0Or'$iway. He 'sdd -tKe-'stairWay down f& the hotel is not the best access for public use because it is narrow and quite steep. end of the vacant lot. He sa the logical thing to do would be to @ve access on the most southedy Mr. Wovitzi said that staff also believes that was the most logical place for pubVc access. He said the staff shares the concern for access to the beach. the applicant had asked for only a 2' seawall and the 4' wall was to accommodate a public walkway; so there has been consideration of public access. Originmy MOTION: Vice Chairman Harris asked the applicant 9 he would be agreeable to building a stairway at the southerly end of the vacant lot,and Mr. HowardJones said he would, She therefore moved €hat the appUcant put in a stairway at the southerly end of the lot at the same time as the seawall and rock revetment be constructed, -7 seconded by Commissioner Wilson. Mr. Bodovitz said this would be an added condition. Ruth Peyton said she hoped the State staff would review the plans for a stairway and Mr, Bodovitz said before construction commenced they would a& that the plans for the stairway be submitted to the State staff, width of the stairway should be and Mr. Howard-Jones suggested it be 5', was then approved by a hand vote of 9 in favor, none against. Vice Chairman Harris asked what-khe- The motion f. Appeal No, I43 - 74 . Appeal of James Statser from decision of San Diego Coast ElegLonal Commission de- permit for singlt4family residence and guest house on bluffs along Neptune Ave. , Leucadia, San Diego County. Mr. Bodovitz said the problem here is the extent to which this-proposed development warrld f"iu the lot and the Regional Commission felt this would be;arzD. of character with the area. Also, there was ample evidence in the file to justify der&& d, therefare, the staff recommends no substantial isSufi James Statser, the applicant, said they were forced to spend time on a letter from the opponents thathad many errors. He said oppcJmts showed a photograph which completly misled the Commission as it was taken with a telescopic lense, He said the letters in favor of Ltheir project did not get read, and people who attended the meeting-in favor of the project were not allowed to speak. He said the house is 17' and opponents said it was Zit. required for ;sjdeyard setbacks when, in fact, there are no sideyard He said the &@nal Commission was led to believe that 'structure. 'walked on to clean windows. to be 2' from the sideyard. his building was no different from the others. on the lot was very emphatic on voting in favor 'repreamlied as-being 6,000 sq.ft. and that it i the average house in the area and the front, will be landscaped and large trees will conceal B good portion of the house, He said the only side yard setbacks are a couple of -balconies wfrich are He said it was also represented that .their bUildbg was He said he had charts and aerial photographs to show that the project. He said the house was 090 sq.ft. The house-is lower than He said one Conrmissfoaer who came out It is a singl+family home with a guest house, hk. B0dod.tz-s- the 8pplicanbs swings- indicates it Ss a duplex. * *, . MOTION: Canrmissioner Harry mwed the Commission find no substantial issue, seconded by Coaner Laufer, and approved by a vote of 8 to 1 in favor. I. , ,*", 1200 ELM AVENUE CARLSBAD, CALlFORNlA 92008 Office of the City Manager T E LE PHONE: (714) 729-1 181 October 15, 1976 Mrs. J. M. Vigil 2805 Ocean Street Carlsbad, California 92008 Enclosed is a copy of the reply received from Joseph Bodovitz, Executive Director of the California Coastal Zone Conservation Commission regarding the closing of the beach access at Cedar Street as well as some additional material which he included. His letter indicates the course of action which is open the property owner. City Manager PDB: ldg Enc.