HomeMy WebLinkAbout1978-09-19; City Council; 5583; Request from Coastal CommissionJ CITY OF CARLSBAD
AGENDA BILL NO. 55a3 Initial:
Dept. Hd.92
September19,1978 C. Atty.uf&
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DATE :
Engineering DEPARTMENT : c* Mgr+-
Subject: REQUEST FROM THE COASTAL COMMISSION FOR CITY ACCEPTANCE
OF FIVE-FOOT BEACH ACCESS EASEMENT
Statement of the Matter
Attached is a letter from the San Diego Coast Regional Commission requesting
the City Council to accept the public access way at the southerly boundary
of the Carlsbad Beach Club.
Subject beach access way is a five-foot easement which was offered and re-
corded May 9, 1974. The unimproved easement extends from Ocean Avenue to
the beach.
Exhibits
1. Location Map
2. Letter from San Diego Coast Regional Commission to Mayor Packard dated
August, 10, 1978
3. Dedication (offer of) dated May 9, 1974
4. Resolution No. ..is38
5. Memo from City Manager to City Counbil, 9-14-78.
Recommendation
If City Council concurs, adopt Resolution No..<yJfaccepting the offer of
dedication of a five-foot beach access easement
Council Action:
9-19-78 Council rejected the offer of dedication of the five-foot beach access easement.
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STATE OF CALIFORNIA-CALIFORNIA COASTAL COMMISSION EDMUND G. BROWN, JR., Governor
SAN OlEGO COAST REGIONAL COMMISSION
6154 MISSION GORGE ROAD, SUITE 220
SAN DIEG0,CALIFORNIA 92120-TEL. (714) 280-6992
August 10, 1978
TIM COHELAN
Chairman
ROGER HEDGECOCK
Vice Chairman
JEFFERY D. FRAUTSCHY
Representative to the
California Coastal Commission
BRUCE H. WARREN
Executive Director
Honorable Fbnald C. Packard
Mayor
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mayor Packard and City Council Members:
The San Diego Coast Regional Commission has instructed me to
respectfully request that your Council accept the public access
way at the southern boundary of the Carlsbad Beach Club. A
copy of the dedication of such access way dated May 9, 1974, is
attached hereto.
It was the understanding of this Commission that Mr. Richard A.
McMahan had requested your Council to accept such dedication in
connection with the Coastal permit issued to him (Ibmber F104.5 -
a copy of which is attached hereto) for development of the southern-
most lot in the Carlsbad Beach Club.
One of the principal purposes of the Coastal Act of 1976 is to
provide access to the beach for all members of the public.
policy is most clearly set forth in Government Code Sections 30210
and 30211.
This
If you feel that the staff of the Regional Coastal Commission can
assist your staff in development of background material in con-
nection with the access way discussed in this letter, please call
me at 280-6992. I would be pleased to attend a Council meeting
and discuss our efforts in general, to provide coastal access.
Ve+ruly yours,
Fxecutive Director
BHW:rk
cc : Tim Cohelan
Tony Jo s eph
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0 .. DEDICATION . '1 *. -. .:' .. .. '. . . .. .. . We .hereby certify that we are the owners of Lot 29, in Block "A"
.'>.of Hayes Land Company Addition to Carlsbad, Map No. 2. in the City of
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Carlsbad, kounty of San Diego, State of California. according to the Map. c
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. County. November 4. 1909.
' thercof No. 1221, filed in the Office of the County- Recorder of San Diego 9.'
i We hereby dedicate to the public and the City of Carlsbad an
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easement from Ocean Street to the beach, measuring five.feet from the
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southern boundary of the above-described land, to be used and signed as
a public walkway. the underlying r'ee of which reverts to the Owner of
record of the above-described land should the public cease the use thereof. . ., e. .: i KLITGAARD & BRANSON,. - INC. .... 5.:' . . 0.. .. .- Dated: May 9, 1974
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RICHARD GEORW-W
.. ASSOCIATES
I PACIFIC INSURANCE AGENCY
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RESOLUTION NO. 5538
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, ACCEPTING A CERTAIN FIVE-FOOT WIDE EASEMENT
FOR BEACH ACCESS PURPOSES
f the City of Carlsbad as follows:
for beach access purposes, herein-
29, in Block "A" of
Carlsbad, Map No. 2,
of San Diego, State
Map thereof No. 1221,
ty Recorder of San
City Council of the City of Carlsbad
at a regular meeting held the , 1978, by the
fol lowing vote, to wit:
AYES :
NOES : \ ABSENT :
ATTEST:
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DATE : SEPTEMBER 14, 1978
TO : CITY COUNCIL
FROM: City Manager
SUBJECT: BEACH ACCESS - MC MAHAN PROPERTY
The staff concurs with the Coast Commission's attempt to gain adequate access to the beaches for the general public. There are several problems associated with such beach accesses that the Council may wish to consider and pass on to the Coast Commission.
Five foot easements are generally too narrow for adequate City improvement, maintenance, or supervision, particularly if they are to be improved. As an example, the easement in question, after improvement, would leave a passageway possibly no wider than three feet. This is due to the requirement of retaining walls, fencing, and handrails. This will vary depending on the topography.
The Coast Commission in requiring these accesses, does not look at them in terms of future City responsibility or improvement requirements. These problems should be com- municated to the Commission. In this particular case, sufficient space was available to provide ten feet, which is the minimum we should accept. However, the dedication was required as a condition of a 1974 Coastal Permit and it is now too late to require any additional land or improvements as a part of that permit. The Council may therefore wish to view this dedication differently than future dedications.
PAUL D. BUSSEY City Manager
PDB : ldg
ROBERT C. FRAZEE
September 19, 1978
Carlsbad City Council City of Carlsbad Carlsbad, CA 92008
Without question, one of the most difficult issues faced by the Coast Commission during my five years of service was that of public access to the shoreline. I strongly support the concept that the beach below the mean high tide line is public and therefore the public should have reasonable and appropriate access to that beach. However, in its eagerness to provide public access the Commission designated a number of easements that were totally inappaopriate.
In my opinion a five foot wide access way sandwiched between private homes in a densely populated area creates problems that far outweigh the publics right to access.
I have been called on several occasions by irate neighbors
of beach access ways to witness the damage to both public
and private property and have listened to their stories of trespassing, theft of private property, indecent ex- posure and various other illicit activities.
In as much as there is adequate public access provided and maintained by the city just a short distance south at the foot of Grand, I would urge you to reject the easement located adjacent to 2701 Ocean Street and allow it to be closed.
3341 DONNA DRIVE CARLSBAD, CALIFORNIA 92008
,e a
MEMORANDUM
DATE : November 4, 1981
TO : Dave Bradstreet, Parks & Recreation Director
FROM:
SUBJECT: CEDAR AVENUE BEACH ACCESS
James Elagartan, DiiL.ector of Planning& 4
On October 2, 1979, the CarPsbad City Council acted ta accept
the dedication of a 10' beach access stairway with the provisio
that "prior to finalization of acceptance, the existing stairwa
shall be repaired to a condition satisfactory to the Parks and
Recreation Director."
The Cedar Avenue access was a requirement placed on the
expansion of the adjacent existing motel, While the motel
expansion appears to be completed and landscaped, the stairway remains unimproved. The last 8' to 10' of the stairway has bee
extended with wooden steps; the handrail has not been installed
On October 14, 1980, the city accepted dedication of the
unimproved stairway, Could you please investigate this matter F
coordinate with the building departnent, and inform us of the
status of the access improvements,
Please let me know if I can be of further assistance,
cc: Marty Orenyak, Building Official Dan Hentschke, Assistant City Attorney
Lie Rauterkranz, City Clerk
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