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Home My WebLink About1989-02-07; City Council; 9841; ACCEPTANCE OF STATE COASTAL CONSERVANCY OPEN SPACE AND ACCESS EASEMENT DEDICATIONSr F CARLSBAD - AGEN -. . RECOMMENDED AC Adopt Resolution No, c9-3/ formally accepting seven (7) accz and two (2) open space easement dedications from the Califori Coastal Conservancy. ITEM EXPLANATION: On July 5 and August 23, 1988, the City Council approved agreement and subsequent amendment with the California St; Coastal Conservancy to apply $100,000 of Conservancy fund: toward two (2) beach access stairways. Both stairways are a pz of the Carlsbad Boulevard Blufftop Walkway project currently unc construction. One stairway is opposite Hemlock Avenue; the otl is opposite Maple Avenue. One of the standard conditions of Coastal Conservancy gri funding is the requirement that the municipal recipient accept i outstanding easement dedications within its local jurisdictic This condition fulfills a long standing Conservancy policy transferring easements held by the State to a local governmeni Coastal Commission Local Street Type of Easement Permit No. Address Dedication 6-8 6-2 7 8/AB 5099 Shore Drive lateral beach acce! 6-86-492 3037 Ocean Street lateral beach accei 6-85-492 3037 Ocean Street vertical beach accc 2445 Ocean Street lateral beach accer 4301, 4311, 4321 lateral lagoon accc Brooks Way 2599, 2601, 2603 open space Ocean Street 6-83-613 4167 Harbor Drive lateral and vertic, lagoon access 4167 Harbor Drive open space 2701 Ocean Street vertical beach acc 0. am .. Page Two of Agenda Bill No. ?f{/ Land encompassed by the open space easements is limited in use habitat protection and private recreation by the landown Vertical access easements allow public access to the ocean lagoon shoreline. Lateral access easements allow public acc alonq the ocean or lagoon shoreline below the mean high tide li In accordance with the provisions of California Government C Sections 831.2, 831.25, 831.25, 831.4 and 831.7, public entit are not liable for injuries or other damages caused by natu conditions of unimproved public property including beach areas. Eight (8) of the nine (9) easements are considered unimpro within the definition of the applicable Government Code sectio The vertical access easement at 3037 Ocean Street is a fu improved stairway maintained by the Carlsbad Inn. The verti access easement at 2701 Ocean Street is the site of the Oc Street Beach Access Stairway, Project No. 3263, the construct of which was recently completed. Staff has field checked the above areas and finds no confl with public access or safety. Staff recommends the City Coun formally accept these easements. FISCAL IMPACT: The easement dedications are offered to the City at no cost l are conditions of existing grant funds to the City from ' California Coastal Conservancy. Acceptance of the easeme completes the Conservancy requirements prerequisite to the C receiving the $100,000 of Conservancy funding. EXHIBITS : 1. Location map. 2. Resolution No. f.9-31 accepting two (2) open space and se (7) access easements from the California Coastal Commissio. 3. Certificates of Acceptance with accompanying dedicat documents on file in the office of the City Clerk. & .- LOCATION MAP HIGHWAY 78 rn ACCESS EASEMt m - - PROJECT NAME PRO LATERAL ACCESS EASEMENTS 1 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 - 20 21 22 23 24 25 26 27 28 aD - 89-31 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FORMALLY ACCEPTING TWO (2) OPEN SPACE AND SEVEN (7) ACCESS EASEMENTS FROM THE CALIFORNIA COASTAL COMMISSION WHEREAS, the City of Carlsbad, has previously ente into an agreement with the California Coastal Conservancy accept certain funds: and WHEREAS, the California State Coastal Conservancy conditioned said grant funds upon the City's acceptance certain lateral access easements within the City of Carls held by the California Coastal Commission; and WHEREAS, the California Government Code absolves IC public entities from liability for unimproved public propc damages: and WHEREAS, the City Council of the City of Carlsk California, hereby determines it necessary, desirable and in public interest to accept said easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City of Carlsbad hereby accepts two open space and seven (7) access easements from the Califo: Coastal Commission more specifically referred to as Exhibit: B, C, D, (E omitted), F, G, H, I, and J on file in the officc the City Clerk in the city of Carlsbad, California. /// /// /// .*\* -I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a am 3. That the City Clerk is hereby authorized directed to execute said Certificates of Acceptance, identif as attached Exhibits A, B, C, D, (E omitted), F, G, H, I, an with accompanying easement dedication documents and have s Certificates recorded in the office of The San Diego cou Recorder. Following recordation of said Certificates, cor of the completed, recorded documents are to be forwarded to California State Coastal Commission, attention Deborah Bo 631 Howard Street, Fourth Floor, San Francisco, Califor 94105. 4. That the City Clerk is hereby authorized directed to forward a copy of this resolution with attac pre-recorded Certificates of Acceptance and accompany easement dedication documents to the California State Coas Conservancy, attention Reed Holderman, 1330 Broadway, Su 1100, Oakland, California 94612. PASSED, APPROVED AND ADOPTED at a regular meeting of I Carlsbad City Council held on the 7th day of February 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES : None ABSENT: Council Member Pett ATTEST: ALETHA L. RAUTENKRANZ, CityJClerk (SEAL) 0 e J 1200 ELM AVENUE TELEPHC CARLSBAD, CALIFORNIA 92008 (61 9) 434-2 Office of the City Clerk QitH of Marlatrab March 27, 1989 . California State Coastal Commission 631 Howard Street, Fourth Floor San Francisco, CA 94105 Attn: Deborah Bove Re: Acceptance of Coastal Conservancy Open Space and Access Easement Dedications The Carlsbad City Council, at its meeting of February 7, 1989, formally accepted seven access and two open space easement dedications from the California Coastal Conservancy for beach access stairways in conjunction with the Carlsbad Boulevard Blufftop Walkway Project. Enclosed for your records are copies of the recorded Certificates of Acceptance for the above-referenced dedications. gf& Deputy City Clerk Encs . . e 0 1200 ELM AVENUE TELEPHC CARLSBAD, CALIFORNIA 92008 (619) 434-2 Office of the City Clerk sit! of a&rlnbatl March 27, 1989 California State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 Attn: Reed Holderman Re: Acceptance of Coastal Conservancy Open Space and Access Easement Dedications The Carlsbad City Council, at its meeting of February 7, 1989, adopted Resolution No. 89-31, formally accepting seven access and two open space easement dedications from the California Coastal Conservancy for beach access stairways in conjunction with the Carlsbad Boulevard Blufftop Walkway Project. Enclosed for your records is a copy of Resolution No. 89-31, as well as copies of the recorded Certificates of Acceptance for the above-referenced dedications. -jG-iys eputy City Clerk Encs . t 0 Recording Requested by and Uhen Recorded Mail To: 6 EXHIBIT A 8.9 &~.q~.2~g, 0757 b'.' ' . .......... " "= 5 .- .- ... .. -. ...... .: ..... .i .. /I . . " .. ~. ~. . .T ..... . ~- " .... ...... .. ..... ... -. -_ . . " -. ." ~~ ..... .- ~ .. .. ..... ..... - .. City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 9.c :>>; rz-cz LL: 5 5 &;+ 9: :'3 . .". .. ._ ..... ... .a- - ::-..; :=:._ ...... .; -.- ...... " : +>"77>. - .. - .. ~ ......... : "Y r - -.. ~_' "L- I, i . i, x- ..: "i -, , = .. "..< . ~ +:: r: 5 Ti : _I_ - CERTIFICATE OF ACCEPTANCE &Q F-E. This is to certify that the City of Carlsbad hereby accepts the Offer to Dedicate for Permit No. 6-86-278/AR Executed by: Robert H. Brown & Lillia G. Brown on August 25 , 1986 and recorded on November 6, 1986 As Instrument NO. 86-507986 of the Official Records in the Office of the Recorder of San Diego County. February 9, 1989 By Da"ied For The City of Carlsbad - STATE rx CALIFORNIA ) 15s COUNTY OF SAN DIEGO 1 On February 9, 1989 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz /x/ personally known to me / / proved to me on the basis of satisfactory evidence -9 to be the person(s) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me thhat the corporation/agency executed it. * ************x***************** .... QFF'ICIAL SEAL 2 : * NOTARY PUBLIC-CALIFORNIA $ KAREN R. KUNDTZ 2 x SAN DIEGO COUNTY * * *X**************************** My Comm Exp. Sept 27, 1989 $ . .. . . . .~- . -. ". ". . - ".. - ... . - . . . .. \ , , .e a. . I) 3.- 429 .a6 507986 -3 I1 i .' '.&.# . , a .. : 1 2 3 4 i li Recording Requested by and ,, "._._ When Recorded, Mail To: California Coastal Commission 631 Howard Street, 4th Floor . San Francisco, California 94705 tses MQY -6 Jay 9: 4 f Attention: Legal Department i.. ..;,-.-.- i . ~ /''A;, I,, , , . ., .. L." if :-i - ~ I. ,.I ., 1.1. a;,.,,. :-:I<*.:*-,:(< f [;' :;,:*:, : ji;:> c-~?, i '(.c$~. "1 1" - 1- ?"'I; L.i" .- 1 I, Cffgpi i 'f i*;/,.c$;;[:i.i{ IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT II AND 5 6 7 'DEC~ARATlON OF RESTRICTIONS (hereinafcer "offer") is made this 25th day 8 9 10 DECLARATION OF RESTRICTIONS THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND of mqust , 19 86 , by Robert 3. Brown and LiLlia G. Erown , (hereinafter referred to as "Grantor"). I. WHEREAS, Grantor is the legal owner of a fee interest of certain . -:il real 'I jjproperty located in the County of- Sari Dieqo , State of I E 1 California, and described in_fhe attached Exhibit A (h~reinafier'referreti .)io as i 13 i 14 If. WHEREAS, all of the Property is located within tha coastal zone as . I 1 i the "Property') ; and 15 16 17 I /defined in Ssction 30103 of the California Public Resources Code (%iiicn cGde is 1 j hereinaftzr referred to as the "Public Resources Code"); and I 111. MHEREAS, the California Coastal Act of 1976, (hereinafter refzrred to I , 18 as the "kt") creates the California Coastal Commission, (hereinafter referred to as the "Comi ssion") and requires that any coastal development pernit approved'by the Comission must be consistent with the policies of the Act szt forth in Chapter 3 of Division 20 of the Public Resources Code; acd 19 i 20 21 22 23 IV. WHEREAS, pursuant to the Act, Grantor app'lied to the California Coastal COmiSSiOn for a permit to undertake development.as defined in the Act within I 24 1 25 26 27 the Coastal zone of San Dieso County (hereinafter the "Permit") ; and v. WHEREAS, a coastal development permit (Permit No. 6-86-278/AB ) 1 3RNIA ! ' 6-72' I I a L. 430 e granted on July 11 , 1986 , by the Commission in 2 attached hereto as Exhibit 8 and hereby incorporated by reference, subject to 3 accordance with the provision of the Staff Recommendation and Findings, - It * I/ the folloning condition: 5 6 7 8 9 10 11 12 13 14 15 16 I 2. .Lateral Public Access. Prior to the authorization to proceed with deyelopment, the landowner shall execute and record a document,, in a form and content acceptable to the Executive Director, irrevo- cably offering to dedicate to a public agency or private association ,approved by the Executive Di'rector an easement for,lateral public access and passive recreational use along the shoreline. The docu- ment shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the.property. Such easement shall be located from the toe of the slope of the existing riprap to the westerly property line. The document shall be recorded free of prior liens and encumbrances which the Executive 'Director determines may a.ffect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all succes- sors and assignees, and shall be irrevocable for a period of 21 years, such'period running. from the date of recording. " I 17 !lvI- WHEREAS, the subject property is a parcel located between the first 18 19 public road and the shoreline; and 22 the coast is to be maximized, and in all new'developrnent projects located 21 California Coastal Act of 1976, public access to the shoreline and along 20 VII. WHEREAS, under the policies of Sections 30210 through 30212 of the Section 30108.6 and that therefore in the absence of such a condition, a permit 27 Act of 1976 and the Local Coastal Program as defined in Public Resources Code 26 public access policies of Section 30210 through 30212 of the California Coastal 25 condition, the proposed development could not be found consistent with the 24 VIII. WHEREAS, the Commission found that but for the imposition of the above 23 between the first public road and the shoreline shall be.provided; and could not have been granted; PAPER i (REV. 8.77.1 I ULlFORNlA sr 11 I -2- I ._’ I /. 9. e- 431 I) I I IX. WHEREAS, it is intended that this Offer is irrevocable and shall 2 3 constitute enforceable restrictions within the meaning of Article ~111, Section California Revenue and Taxation Code, Section 402.1; 5 thereby qualify as an enforceable restriction under.the provision of the 4 8 of the California Constitution and that said Offer, when accepted, shall - - 6 7 dedicate to the People of California an easement in perpetuity for the purposes 8 No.6-86-278/to Grantor by the Commission, the owner(s) hereby offer(s) to NOM THERE.FORE, in consideration of the granting of Permit AB 9 of lateral public access and passive recreational use along the 10 shoreline l1 I/ located on the subject property from the toe of the slope of the I 12 13 existing rip-rap to the westerly property line. ” I* 1 and as specifically set forth by attached:Exhibit C hereby incorporated by 15 jj reference. l6 /I 1. BENEFIT AND BURDEN. This Offer shall run with and hurden the 17 assigns. This Offer shall benefit the State of Cal’ifornia. 21 recordation of this document and shall bind the Grantor and all successors and 20 and shall be effective limitations on the use of the Property from the date of 19 imposed shall be deemed to be covenants and restrictions running with the land 18 Property and all obligations, terms, conditions, and restrictions hereby 22 2. DECLARATION OF RESTRICTIONS. This offer of dedication shall not 23 ‘interfere with any rights of public access acquired through use which may exist 24 be used or construed to allow anyone, prior to acceptance of the qffer, to 25 11 - 27 // 26 on the Property. PAPER . CALIFORNIA 3 (REV. 6-72) sr -3- A' v TVk e 0 .1 3. ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS. Prior.to the 2 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions 6 effectuated. 5 the subject property in order to assure that this Offer for public access is 4 record additional reasonable terms, conditions, and limitations on the use of 3 opening of the accessway, the Grantee, in consultation with the Grantor, may 7 is held to be invalid or for any reason becomes unenforceable, no other 8 provision shall be thereby affected or impaired. - - 9 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, lo acceptable to the Executive Direct0.r of the Commission or its successor'in 21 subject property lies, or through a public agency or a private association 20 accept this offer through the local government in whose jurisdiction the 19 heirs, assigns, and successors. The People of the State of California shall 18 and perpetuity that shall run with the land and be binding on the parties, 17 and restrictions shall have the effect of a grant of access easement in gross 16 lan acceptance of this Offer by the Grantee, this Offer and terms, conditions, 15 period of 21 years starting from the date of recordation. Upon recordation of 14 6- - TERM. This iFGvocable offer of dedication shall be binding for a 13 Grantor and the Grantee, whether voluntary or involuntary. 12 binding upon and. inure to the benefit of the successors and assigns of both the 11 exceptions, obligations, and reservations contained in this Offer shall be 22 // 24 // 23 interest. 25 26 27 'APER ULIFORNIA (REY. 8.711 r // // // -4- T ./I 0 :: 433 0 // - :* 1 Acceptance Of the Offer iS subject to a covenant which runs with the 2 Illand, providing that any offeree to accept the easement may not abandon it but 3 /I -. must instead Offer the easement to other public agencies or private - 4 duration of the term of the original Offer to Dedicate. 5 associations acceptable to the Executive Oirector of.the Commission for the , at @d7AL4<# Executed on this zs day of k +i 6 7 , California. 8 ,, \ 1 '! ' .' Si gnecj' 2Jd flL4 /Q .I " :? I ' ; . " ','!O $1 Own e r , ! .I f+ gE pf h/ gR L! c.bf / J i 11 " 22 . Signed " 13 14 15 On this 3s day of LS&T , in the year % , 20 County of %o;v 1 19 1 State of California. 18 notary acknowledgment form as explained in your Notary Public Law Book. 17 on.behalf of a corporation, partnership, trust, etc., please use the correct 16 NOTE TO N0TAR.Y PUBLIC: If you are notarizing the signatures of persons signing Type or Print 21' before rneT-eL Rd.& e &, a Notary. Public, personally ' -\ 22 to be the person(s) whose name is subscribed to this instrument, and 24 personally known to me (or prove: to me on the basis of satisfactory evidence) 23 appeared 2\, \\ \\ rotdm Y r0-n 9 - . 25 26 27 "APER ULllORllIA (REV. 8.721 ac knowledged. that 4%&h.e/they executed it. _._ \aAM"h3\a-adl NOTARY PUBLIC IN AM FOR SAID STATE AND COUNTY -5- """ * - - hck ll IP $,<,?: .( .''. " -f .*T@T,..? _._. . ,,*..,.. . :-r . *z . -;.^" e I e t.: e. 43-6 I This is to certify that the Offer to Dedicate set forth above is 2 6 and the California Coastal Commission consents to recordation thereof by its 5 Coastal Development Permit No. 6-86-278 on January 11, 1986 4 3 hereby acknowledged by the undersigned officer.on behalf of the California duly authorized officer. - Coastal Conmission ptirsuant to the action of the Commission when it granted - * 7 11 Dated: OKm kq! I4a 8 9 'O I i 11 STATE OF Caiifornia 1 12 a Notary 14 13 COUNTY OF San Francisco 15 j me to be I 16 17 to be the person who executed this' instrument as the and authorized representative of the California Coastal Commission and TITLE \ la il acknowledged to me that the California Coastal Corrrnission executed it. 19 20 21 22 /I 23 24 25 26 27 -6- PAPER ' ULIFORNIA 3 (REV. 8.721 ar. , _, ,.~ '~; :* "3 ':., $7 .. . _I - * ~,$$. .$ .'.:". ,..:I ,.& ::p~oR :- .T*iTL *lJRrnCE f .I .. - , ,' $4.' , ; :: ' a q, , ; .: . .. ..I ; " , c I .+.. .~, . . .. :; .. /. 1. ._ .. c ~, 1 ,,_... ... , , 435, ,:' , I.' .. .. , . , , /.. .- ..I "'3 .. I. . .. ,, , li ~ .-,. <.. . ,, , ," . I,', ;:.. .' .. 5- - ,. ' .- i ,. , . . ' ,. :b :.:. . ' I . ' .. ,. . I .. .. - . .. .. THE LAND REFERRED TO' HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO; AND IS DESCRIBED AS FOLLOWS:. PARCEL A: LOT 16 OF TERRAMAR UNIT NO. 1,. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950, -SPECIFICALLY EXCEPTING THAT PORTION OF PONDEROSA'DRIVE, VACATED, INCLUDED WITHIN T!iE FOLLOWING BOUNDARIES: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 17 OF SAID, TERRAMAR UNIT ,NO. 1; THENCE SOUTH 21"OO' EAST ALONG THE WESTERLY LINE OF SAID PONDEROSA DRIVE 70 FEET; THENCE NORTH 59'21 '10" EAST .TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT PORTION OF THE SOUTHWESTERLY LINE OF SUMACH DRIVE, AS- SHOWN ON SAID MAP NO. 2696, HAVING A BEARING OF SOUTH 30'38'50" EAST; THENCE NORTH30°38'50" WEST ALONG SAID PROLONGATION TO THE SOUTHEAST LINE TO THE POINT OF BEGINNING. -SOUTHEAST LINE OF SAID LOT 17; THENCE SOUTH 59O21'10" WEST ALCNG'SAID PARCEL 8: THAT POR.TION OF LOT "H" OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTIT1ON.MAP. THEREOF ,NO.. 823, FILED IN THE OFFICE OF THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: .. BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 16 OF TERRAMAR UNIT NO. 1 , ACCORDING TO MAP NO. 2696, FILED IN'THE OFFICE 0.F THE COUNTY RECORDER OF SAN DIEGO COUNTY , ON SEPTEMBER 6, 1950; THENCE SOUTH 59°21'10".WEST TO A POINT ON THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH BEARS SOUTH 59'21'10'' WEST FROM THE NORTHWESTERLY CORNER.'OF SAID LOT 16; THENCE NORTH 59'21'10" EAST TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 6O25'10" EAST 109.66. FEET TO THE POINT OF BEGINNING. .. . c? : ' .'., ' " : '.' ,.. -:: ' ., ': . ' : - ,. .. Po @*,J ., . . , I. ... .. Exhibit 'A , ' . ,. I. 1126187 .. .' PAGE 4 .. 'Rt 1 >.,y-..-,..-. SA>Y- - ~~~~~~~~~~~~~~~~'.. ' ' ,'\, :, .' ,@ ..' . . , ' .. . :". % 1 *&$&; !. 1..* "' ' . p.2++.";F- $2h - ..i . 2: . & ._ . . .~ ',:'${$*,5 .,+.., ;~~~.i".;."i..c;j..!7...:-., ' '. . .. "" , , :- , "; 436':: ,',,,, ;', :.I). ; : ,. ,:. <' ;!&$ c:zG&owwa ;.-COASTAL Co~Ml~sloN , ,t . '. . . .... ..; .~ ., , ., , . I. .. :.- ., ,,. .. .. . I , .- . ts .I., , . . .. . ,.. _.. , '' \r 8. .. . .. " ,. I 3. . . ., .. r&F2$--,.+.+-H.- , z.. ...+?$$E@ CAL~~~~~~~-l).iE RESOURCES AGENCY .$$;$t>G4 , . ..- .. ' i ,' I_ .. . ' GEORGE D~-~)~;MEJ;F:.. tore, ,.....) bcr"B,.v "21 R13 SOUTH, SUITE 125 r, ,c SAN DIEGO. 'CA .,92108-3520. ', : . . . , '., ' .' * . , Permit Application NO. . 6-86-278/~~ (619) 297:9740 . , .' I .. June 11. 1986 ,-? ' . ',"I& . . , L '_* .. :A*.: :. .I , .. , . - . . :OAST DISTRICT ,. ,. , ./ .. Page I of 5 !<;;a , ": ' . ,Date a. .. . . .. " . f' SAN DIEGO C lltl rhullrlh hl 8. , .I,. ' ,. . .-('.', , . ,.. . .. , ,.. . . ., . -_ ~'ADMINISTRA~IVE' PERMIT '8 , , . . I c: i! '7 pz;; .. -* .. "-Q*z- ." .".. ._._ . , , , .. . APPLICANT:. Robert 'and".Lil'lia Broh ' ' ' I. - I. , ' , ,I .. .. . ', PROJECT DESCRIPTION: Demolition of existing single family residence and construction of a two-story, 5,000 sq. ft.. single family,'residence with attached garage on a 12,391 sf. bluff top parcel'.in Carlsbad. PROJECT LOCATION: 5099 Shore .Drive, Carlsbad, San Diggo County. .. " .. . . .. APN 21 0-031 -08 .1 F- . ' e,. . .# I .. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, are discussed on subsequent pages. - NOTE: The Commission's Regulations provide that this permit shall be reported to the Commission at its next meeting. 1.f. one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this' permit applica.tion. Instead, the appli,cation will be removed -from the administrative calendar and set for public hearing at a subsequent,Commission meeting. Our office will notify you if such removal' occurs. This permit will be reported to the Commission at the following time and place: DATE and TIME: 9:00 a.m., Friday, LOCATION: Burton W. Chace Park July 11, ,1986 . West end of Mindanao Way Marina del Rey ., IMPORTANT - Before YOU may proceed with development, the following must occur: .- For this permit to become .,.effective you must. sign the enclosed dupl.icate, ,copy acknowledging 'the perrriit(s- receipt and accepting its contents;. including a17 . . conditions, and return it";to our office. Following the Commission's 'meeting, and once we have received.the slgned acknowledgment and evidence of compliance with all special conditions, we will send you an authorization to proceed with development. BEFORE YOU 'CAN OBTAIN ANY LOCAL' PERMITS AND PROCEED WITH PERMIT AUTHORIZATION FROM THIS OFFICE. ' DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE development. BEFORE YOU 'CAN OBTAIN ANY LOCAL' PERMITS AND PROCEED WITH PERMIT AUTHORIZATION FROM THIS OFFICE. ' DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE PETER DOUGLAS Executive Di rector " .Q,;, , .:" .',#: ', .S.', '"..,&' ' * '. ' . .. .. ,, a , .. . , .j , .,,' .. .. -, .* .I , .. * *By: .. ,. fl' L/ ,. bhdMLLmJk< ,EXHIBIT ..B: : 4 ,' e e c 437 6-86-278 d, . Page 2 STANDARD CONDITIONS: 1, Notice of Receipt and Acknowledqernent. The permit is not valid and development shall not commence' until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation.from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or 'interpretation of any condition will be resolved by the Executive Oirector or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person; provided assignee files with the Commission an a'ffidavit accepting a71 terms and conditions of the permit.. 7. Terms and Conditions Run with &e Land. These terms and conditions shsll be perpetual, and it is the intention of the Commission and the permittee to bind a17 future owners and possessors of the subject property to the terms and conditions. EXECUTIVE DIRECTOR'S DETERl4INATION (continued): Pursuant to Public Resourc<s Code Section 30624, the Executive Director hereby determines that the proposed development, subject to Standard and Special Conditions as attached, is in conformity with the certified Carlsbad Local Coastal Program-Mello I1 segment and will not prejudice the aaility of the local government to prepare a fully certifiable Local Coastal Program that is jn conformity with the provisions of Chapter 3, and will not have.any significant impacts on the environment within the meaning of the California Environmental Quality Act. Any development located between the nearest public road and the sea is in conformity with the public access and public recreation policies of Chapter 3. The applicant proposes to demolish an existing single family residence and construct a 5,000 sq. ft. replacement single family residence. The project site is located on Shore Drive in Carlsbad, between the Pacific Ocean and the designated first coastal roadway. The property extends from Shore Drive west approximately to the mean high tide line. The existing residence is one story ._ @ s 433 0 ,.1 ,. . .'. .. , 6-86-278 d"' , . ,. ,;" I I/- Page 3 ,,./ .., . in height and includes an attached garage. The proposed structure will be one and two stories with a loft for a maximum height of 35 feet. It will also inciude an attached two-car garage. An existing seawall, 8 feet in hetght, extends across the property at roughly the 12 (MSL) elevation. Rip-rap has been placed west of the seawall also across the full extent of the property (SDCRC/F6944). An existing stairway provides access to the shore from the residence. Another access exists adjacent to the site to the north. Here a private, locked gate access is available for use by the Tierramar Beach Association. Project plans call for the existi.ng .residence and all associated improvements to be demolished and.removed from the site. The majority of the proposed replacement structure will follow the same westerly alignment as the enclosed portions of the existing structure. The certified Carlsbad tCP Hello I1 segment calls for new oceanfront development to observe an ocean setback determined by 3 "stringline method". In this'method, an imaginary line is drawn between the seaward extent of the enclosed structures to the north and the south of the site. A similar line is established for associated structures such as patios and decks. These "stinglines" establish the minimum setbacks for development on an oceanfront lot. As mentioned, the enclosed portions of both the existing and proposed residences follow the same alignment. The proposed residence does include accessory patio and deck areas that,lie seaward of those of the existing structure. However, .these improvements are still located to the east (inland) of the stringline for such accessory uses established in the area. Construction of these uses would invoive' minor encroachment onto a slope covered with non-native vegetation (iceplant). No changes to the existing seawall or rip-rap are proposed. The project site lies between the Pacific Ocean and the fist coastal roadway, hrlsbad Boulevard.. No vertical public access to the shore presently.exists along Shore Drive or in the adjacent residential area to the north, Tierra del , Mar. Public access does e);ist further to the north at the State beach across from the Encina Power Plant. and approximately a third of a mile to the south where a section of State beach also exists. Vertical access to the beach does exist adjacent to the subject site on an improved .accessway. However, as mentioned, this accessway is not public, but rather, is available only to members of a private beach association. The accessway is fenced and locked. The Executive'Director finds that with access existent relatively nearby to the north and to the south-that imposition of a'vertical access requirement is .not warranted for this project. Because the property includes a portion of sandy beach (depending on tide and beach conditions),.special condition #2 has been attached to the permit. The special condition requires the applicant to record a lateral public access easement over that portion of the property which lies between the toe of the existing rip-rap and the westerly property line. This strip of shoreline frontage has been subject to historic public use. The condition thus acts to preserve the public's interest and pass6ve recreational use along the area. .I J I, ,, . e 0 s 439 6-g6-;76 Page 4 .. This condition is consistent with the certified Carlsbad LCP trlello I1 segment which calls for maximization of public act-ess pursuant to Section 30210 of the Coastal Act. Special condition #1 has also been attached to the permit because of the inherent risks involved with construction on ocean front lots. The condition requires the applicant to record against the deed for the property, a document which acknowledges the applicant's assumption of risk in building in such a location and waives the Commission's liability for approval of the project. Both the assumption of risk and public access recordation documents shall be of a form and content acceptable to the Executive Director. In order to protect the bluff below the residence from erosion, special condition #3 has also been attached to the pennit. The condition requires the applicant to submit a drainage plan for the review and written approval of the Executive Director. The drainage plan shall.,include measures to assure that where possible, drainage from the impervious surfaces of the project will be directed to street drains and away from the bluff face itself. Where this is not possible, measures are to be provided that assure a non-erosive velocity for the drainage ,to be discharged over the bluff face. As conditioned, the Executive Director finds that the project is consistent with a17 applicable policies of the Coastal Act and Carlsbad LCP and should have no impact on coastal resources. SPECIAL CONDITIONS: .. 1. Applicant's Assumption of Risk. Prior to the authorization to proceed with development, the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which . shall provide: (a) that the applicant understands that the site may be subject to extraordinary hazard from waves during storms and from erosion, and - the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any claim of liability on the part of the Commission and agrees to indemnify and hold harmless the Commission and its advisors relative $0 the Coknission's approval of the project for any damage due to natural hazards. The document sh'all run with the land, binding a17 successors and assigns , and. shall be recorded free of prior liens and encumbrances which the Exe.cutive Director determines may affect the interest 'being conveyed. 2. lateral Public Access. Prior to the authorization to proceed with development, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use along the shoreline. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. Such easement shall be located from the toe of the slope of the existing rip-rap to the westerly property line. The document shall be recorded free of prior liens and encumbrances which the Executive, .. . 1) 3 440 0 6-86-278 Page 5 Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of record.ing. 3. Drainage Plan. Prior to the authorization to proceed with development, the applicant shall submit for the review and written approval of the Executive Director, a drainage and run-off control plan. This plan shall document that run-off from the roof, driveway and other impervious surfaces of the project will be collected and appropriately discharged. Where possible, run-off shall be directed away from the bluff and into stFeet drains, any run-off that is to be directed over the bluff shall be retained and discharged at a non-erosive velocity in order to protect the bluff from erosion. ACKNOWLEDGEMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accep d its co tents cluding all conditions. $!!>.A9 XgL- .’ .,’+~~&,+& ’/ .d7 /& AQ /g Ct-7 // Abplicant’s Signature / ’Date of Signing (6278R) I 1 4 I -! di t I i 6 .. 0 " s a Q J _. 4- - - :' iD 'I -in .in ' A - -"#I" " "" -~~~ ~~- "- - -. - "_-.,""- ..---.-.--- i #- VI" 451) 86 *- RECSXDING REQU"rSTE9 BY mD RETURN TO: . california Coascal Commission -~ . ' 631 Eovard St.. 4th floor 507988 @?e=& $! b-53L-37g I i "... C" tt: ,-;wflED is -. EDsLcGyt X d-oLJ\h O'.Sk$ !pG2 C?U!ilY.i;h. [!Ff-icl;'L E~.ZOiii)S 1986 NOV -6 AM 9' 4 2 " t- L:. - -. . L San Franciscg. Ca, 94105 VEf2.i iiLTGR9E. t,LYi-E SUSORDTNATTiN W.kh€$T r; 2 -_ +L, I :: " *VL'w .-&,.-;: . , - i: I -. . -..,'L, NOTICE: =IS S~CRDINATICN AGBEEXENT BESULTS IN YOUR SZCURITY INTEBEST IN Tl32 P9O?r,9TY BECOMING SVSJEC:: NO FEE M AND OF LCSrTR PBIORITY TEA?? TEE LIEN OF SO= OTE9 OR LATE3 SECURITY INSTRW-NT. .('XIS NOTICE REQUIRED BY camFomsA CIVIL CODE SECTION 2953.3) This subozdinarion aqreeaenc is made bet-zeen (1) Great Western Savinqs and Loan Association, a Federal Savinqs and Loan . heztinaftez calLo< "3e~eficia=y", 2x6 (2) Rnwi -_ H, ti rown and Lillia G. Brown , hercinaf tez called "TIUS~OI". . The undersigned beneficiary under . Deed Of Trust dated (3). June 3f 1,975 ar?d recorded on (4) July 2, 1975 as Document NO. (5) 75-169976 OfLicial Recgrds' in the Office 'of the .County Recorder of (6) San Dieqo, County , encumbering the' real property de'scribed in.3aibiz A (7) to this document, which Deed of Trust has as Tz-~stae (8) kalifornia Reconvevance ComDanv ' hereby acknovle5ges the (9) Irrevocable offer to 'Dedicate # - Public Access Easement and Declaration of Restriction ~ ~ ~~ ~~~ ~ ~ ~~ ~~ .. datgd (10) August 25, 198p executed by 111) Robert H- Brown and Lillia G. Brown , recorded 5 concnrrencly ,herewith, and does hereby subordinace the iEter2s'is of its Deed of Trusc therevo on beha.lf of the 3eogle of the Sta'te of Ct Ha. DATED : /6&$jA$?I$r 19, 1986 /7/,/% I ./ BY: . HINT OR TYPE ZlaOVE ROBERT H. EROWN SI~XATU E OF TXUSTOR PRINT OR TYPE ABOVE . - .. \ V / , lrvL LILLIA G. BROW^ S~GNATURE o TRUSTOR TRINT OR ..TYPE mom - __ . EC'TS D zT-!-Yz %-LC: Iz ~77 CL-"~ 3' "-4 the ~~=ZCZO,C ~~~~~-&-~~~~z -_ " .. . - - - - @A tA%s 2 k7 or' October , &- the re= $9 86 .-, befar? me 'I = ITfb=,--; - - - - - r-7- "_" ' - fl 7 "ue=zoc~~ z-,e.-.Ic I71 - I ' /I Tom Gilmore and Phyllis Bosdell 'a 7 11 per&- kcwa t:, Ee ;/ prTiec :a L;e Bx Gc= bzsis 02 szc<Sfte3c ed<Pz,.ce { .. .. 9 L bo be tks oesm(s) W~OEP nsns is z&sc%e& to t5s ;~FG~"L, Z& 10 -zc:norqLe+& t~z he/she/t~e;. exz-c~ec;, zz -.: . / . .q " i 9 L bo be tks oesm(s) W~OEP nsns is z&sc%e& to t5s ;~FG~"L, Z& 10 -zc:norqLe+& t~z he/she/t~e;. exz-c~ec;, zz -.: . / . .q " i " ' ' ~wmm'.ms.~8~*.~.~8.0S#~~....~.......~..~.~~~ I . OFFICIAL SEAL ,@g -,,/A ,. ,. ' 12 . 15 14 8 I BECK1 L. GRZZZPIE : L &@Lj+5/ CL. < *7/ )Jg 7' ; 8 NOTARY PUBLIC--CALIF>&NIA : ,' . NoT-zz mzxG z\i .bi' FOA~B . 8 -. 'os ANCELES COUNN E .: rnE Jail ST.!" PRINCIPAL OFFICE IN E MY COmmiSiOn Expires March 27, 1990 : i rn ... ==mmm.=mmw===.ma...............m.,8.,,...: 15 16 _. 17 18 19 23 21 !2 , il )- -3 4 7 7 s-522 OF c5--$-;e"-,'. ,I CZGi4TY E? 9s. -_ o-, t>Ls \y -- &y a2 Oca&< i ; in tL.;e ye= \qg b 7 bezcre m $ 'In b. Grow* '&& %\oc7+ k, &hs 7 _.. NRQr LJUS RoL.k- ? .. '-2 Eo~zL,~ Eblic; persanzXL7 zaaezzfi persozz~~~-;- ka:.~ -to ~e / prxed to ne on the 'a;*= 02 sztis~zctaq F.:CZ~CZ -LO be -~:.,e -,erson(s) k5ose ~GEL, is s-~~r~~ed'to t~s hstzm,m~, ~e .- .=~:t-:.;~~~T7~ kk=* +?.?e//-L:?E7 F:<tc:xec -77. , - _. e \[el TWRA WYSS RUDDECK NOTARY PUBLlC - CALIFORNIA i = . ' .!G T" u4JLh $&A NOT$ISY FiELIC 'I21 i?VD FOR SAL3 CSXTY AND STATE S 7 .. . ,-. L 2' .. .. I. 4: *:.: ' .. ' .' i. , . ... .. I- .. .. " . . .... !e*, ' COR ,T,TL&"WCE ;; ; ' ,' '.*u .@ . 4 5 6 5 . . ;: :, '.:::: ' .~ < . ._ , . .. . . ... . _.I . .. .. .. .. ., . - ,. .. ,. THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF' CALIFORNIA,'COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 16 OF TERRAMAR 'UNIT NO. I, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950, SPECIFICALLY EXCEPTING THAT PORTION OF PONDEROSA DRIVE, VACATED, INCLUDED WITHIN' T9E FOLLOWING BOUNDARIES: BEGINNING AT THE MOST'SOUTHERLY CORNER OF' LOT 17 OF SAID TERRAMAR UNIT NO. 1; THENCE SOUTH 21'00' EAST ALONG THE WESTERLY LINE OF SAID PONDEROSA DRIVE 70 FEET; THENCE NORTH 59'21'10" EAST TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT PORTION OF THE SOUTHWESTERLY LINE OF SUMACH DRIVE, AS SHOWN ON SAID MAP NO. 2696, HAVING A BEARING OF SOUTH 30O38'50" EAST; THENCE NORTH3O038'-50'' WEST ALONG SAID PROLONGATION TO THE SOUTHEAST LINE OF SAID LOT 17; THENCE SOUTH 59'21'10" WEST ALCNG SAID SO.UTHEAST LINE TO THE POINT OF BEGINNING. 8 PARCEL B: / THAT PORTION OF LOT "H" OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, .ACCORDING TO 'PARTITIDN MAP, THEREOF NO. 823, FILED IN THE OFFICE OF'THE OFFICE OF THE.COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: f BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 16 OF TERRAMAR UNIT NO. t, ACCORDING TO MAP NO. 2696, FILED IN THE ,OFFICE .OF THE COUNTY RECORDER CF SAN DIEGO COUNTY, OM SEPTERSER 6, 1950; THENCE SOUTH. . 59°21'10" WEST TO A POINT ON THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH BEARS SOUTH 59'21'1.0" WEST FROM THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE NORTH 59O21'10" EAST TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 6'25'10' EAST 109.66 FEET TO THE POINT OF BEGINNING. 0 ,' ' w: OQ ~ .. .. .. _. .. ,Ex.hibit. '-A : i a, _. . . ...* -. . . .. ,. *I .. .> b TICOR TITLE ZlllSURANCE 0 TICOR TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT NOVEMBER 18, 1986 GLENDALE FEDERAL ESCROW ATTN: MARLENE GOT2 740 LOMAS SANTA FE DRIVE SOLANA BEACH,.CALIFORNIA 92075 YOUR REFERENCE: 407-0006 OUR ORDER NO. : 1126187-AMENDED IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE POLICY. FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT'. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE, INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF NOVEMBER 6, 1986 TITLE OFFICER: 7727 544-6220 SIGNED: "- """" .. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1s: ( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ( ) ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE N AND 2-20-86) ( ) ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) (AMENDED 10-17-70) CLTA STANDARD COVERAGE POLICY - 1973 (AMENDED 12-6-85 """" - _" "_ , .. OR TITLE I~URANCE e THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF 1s VESTED IN: ROBERT H. BROWN AND LILLIA G. BROWN, HUSBAND AND WIFE AS COMMUNITY PROPERTY AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1: GENERAL AND SPECIAL COUNTY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1986-87 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : NOW DUE AND PAYABLE SECOND INSTALLMENT : NOW' PAYABLE- AND WILL BE DUE, FEBRUARY 1, 1987 THE- LIEN OF SUPPLhlENTAL TAXES, IF ANY, .'ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND: TAXATION CODE OF THE.STATE OF CALIFORNIA. 2. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION GF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED : JANUARY 25, 1951, IN BOOK 3948, PAGE 389, RECORDER'S FILE NO. 11621, OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER -. . '. FAITH AND FOR VALUE. .:- .. . ... . li. , . .~ .I ... . .. .: -SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE SEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT . .. ., .'.- - 'RECORDED : FEBRUARY 13, 1958, IN BOOK 6948, PAGE 51 1, RECORDER'S :.,. ,_, .. .'.<,.,.'- .:..:.. .. . FILE NO. 23451 OF OFFICIAL RECORDS <,.,:;- . ,;..;.;.:i: ". ,I.. ' - ,,..,~~.,-~.~-.~.'~-A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE :'-.. DATED. _.. ' . : JUNE 3, 1975 __ , . .-,I- , . . , _, , ., . . ... . ;. - ' ,:: : , ~ :- r.. - , , .. , , .. .~ .':+AMOUNT STATED HERE IN AMOUNT..-.;...-: . .. ' .,: . $ 120 , 000 . 00 I":* L :. ''^ -..::.''.TRUSTOR ,;,j:?iTL ". - . .. . .. ..... .. : tJotfN A. MARIN AND CORNELIA L. MARIN, HUSBAND AND WIFE , 'TRUSTEE - I:< : CALIFORNIA RECONVEYANCE COMPANY, A CALIFORNIA CORPORATIOh BENEFICIARY : GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, A CORPORATIOh !& TICOR TITU ISURANCE 0. ,. RECORDED : JULY 2, 1975, RECORDER'S FILE NO. 75-169976 5. THE FACT.THAT PORTIONS 0F.SAID.LAND ARE USED BY THE.PUBLIC FOR BEACH AND RECREATIONAL PURPOSES AFFECTS : . THAT PORTION OF PARCEL 2 LYING WESTERLY ,OF THE BLUFFS, 6. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-507986, THE LOCATION OF SAID' EASEMEN'T IS AS FOLLOWS: SUCH EASEMENT SHALL BE LOCATED FROM THE TOE OF THE SLOPE OF THE EXISTING RIP-RAP TO THE WESTERLY PROPERTY LINE. THE DOCUMENT SHALL, BE RECORDED FREE OF PRIOR LIENS AND ENCUMBRANCES WHICH THE EXECUTIVE DIRECTOR DETERMINES MAY AFFECT THE INTEREST BEING CONVEYED. THE OFFER SHALL RUN WITH THE LAND IN FAVOR OF THE PEOPLE OF THE STATE OF CALIFORNIA, BINDING ALL SUCCESSORS AND ASSIGNEES, AND SHALL BE IRREVOCABLE FOR A PERIOD OF 21 YEARS, SUCH PERIOD RUNNING FROM THE DATE OF RECORDING. SAID IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTION HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED : NOVEMBER' 6. 1986. RECORDER'S FILE NO. 86-507988 SUBORDINATED TO : DEED OF TRUST -~ RECORDED : JULY 2, *1975, RECORDER'S FILE NO. 75-169976 7. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY : ROBERT H. BROWN AND LILLIA G. BROWN RECORDED : NOVEMBER v 6, 1986,, ,RECORDER'S FILE NO. 86-507987 RESTRICTIONS, IF ANY,' BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. .. *''&on :TITLE"SURMCE .. " .. : ;:. \" . . ,I , :; - -" .. ' . .:,??'I. i. . . :.' e- , . ,.__.. ,,. I . . . - _'I .. .. .. I. .. .. -. , . ... ??.. *:. . ... .. , .: ... . *. .. , . ., , i _: ... . -. . .. .. . . ,. :. . . L. . ,.:: .:__ . /. . ,. , 1- .:: . ,. , , .. . .. . .. - .. . .. ., .. . , .. THE LAND REFERRED TO.,HEREI'N- IS SITUATED~IN 'THE STATE OF CALIFORNIA, PARCEL A: . ' .. .COUNTY OF SAN 'DIEGO, AND IS DESCRIBED AS FOLLOWS: .. ,. .. . .- , , . I. ,. LOT. 1.6 OF TERRAMAR UNIT NO. 1, IN THE COUNTY OF SAN DIEGO,. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF .SAN DIEGO COUNTY ON SEPTEMBER 6, 1950, SPECIFICALLY EXCEPTING THAT PORTION OF PONDEROSA DRIVE, VACATED, INCLUDED WITHIN THE FOLLOWING BOUNDARIES: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 17 OF SAID TERRAMAR UNIT NO. 1 ; THENCE 'SOUTH 2 1'00 ' EAST ALONG THE WESTERLY LINE OF SAID PONDEROSA DRIVE 70 FEET; THENCE NORTH 59°21'10" EAST TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT PORTION OF THE SOUTHWESTERLY LINE OF SUMACH DRIVE, AS SHOWN ON SAID MAP NO. 2696, HAVING A BEARING OF SOUTH SOUTHEAST LINE OF SAID LOT 17; THENCE SOUTH 59O21'10" WEST ALONG SAID 30O38'50" EAST; THENCE NORTH 30O38'50" ..WEST ALONG SAID PROLONGATION TO THE .SOUTHEAST LINE TO THE POINT OF BEGINNING. PARCEL 6: THAT PORTION OF .LOT "H" OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FIL.ED IN THE OFF1 E OF THE OFFICE OF THE COUNTY RECORDER'OF SAN DIEGO COUNTY, NOVEMBER ' F 6, 1896, DESCRIBED AS FOLLOWS: .BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 16 .OF TERRAMAR UNIT NO. I, ACCORDING TO MAP NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON SEPTEMBER 6, 1950; THENCE SO'UTH 59'21'10" WEST TO A.POINT ON THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH BEARS SOUTH 59O21'10" WEST FROM THE NORTHWESTERLY .CORNER OF SAID LOT 16; THENCE NORTH 59O21'10" EAST TO T.HE NORTHWESTERLY CORNER 'OF SAID LOT 16; THEN€E SOUTH 6°25'10s' EAST 109.66.FEET TO THE POINT .OF BEGINNING. 0 2 Q 8. jq$ ;iz @. 3 :,-* .. i;r * . ?J .af x. 0 EXHIBIT €3 Recording Requested by and When Recorded Hail To: City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 89 TE.tZ 2 g :';I 8: ; 3 . u €'.it 4 L"... .. .. ..- _,.. -. i i " , "i I . . : f; ..-. ! i(i !" . ...... i i~ " .... - -, - .. ...... . -. _, L,-L ; s e; :-: r: - = ... :=:,::.-.<;;:z z _I -2 CERTIFICATE OF ACCEPTANCE NO FEE This is to certify that the City of Carlsbad hereby accepts the Offer to Dedicate for Permit No. 6-86-492 Executed by: Carlsbad Inn, Ltd. on Januxy 16 , 1986 - and recorded on June 5, 1986 As Instrument No. 86-225917 of the Official Records in the Office of the Recorder of " San Diego County. February 9, 1989 BY Dated For The City of Carlsbad J STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On February 9, 1989 , before the undersigned, a Notary Public, ) ss ) personal 1y appeared Aletha L. Rautenkranz * /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. ******8***X**rn***********~~**~~* OFFICIAL SEAL $ KAREN R. KUNDTZ $ NOTARY WBLIC-CALIFORNIA z SAN DlEGO COUNTY * .............................. * My Cornrn. Exp Sept. 27, 1989 $ N&ry Puad a& for said County and State ~- - ." .. .- .. "bur LY u 1 '< i ~I' .. * /I Fv my and . I Recor Ing equest t flTE MPM. .a . e I /I "hen Recorded, Mail To: California Coastal Conmission San Francisco, California 94105' i ,'637 Howard Street, 4th Floor 2 Attention: Legal Department 0. 409 . 86-225917 i :::, ,"s;:,[;,=L. I!; ,..e "i.., _,"" ,.J,%;'d.. . c_ C.-" "-. . i p~~p-:.-;;;~:aL p.'.ECr;."' ,:..:, r.;::.. ",, ,' i$gs &;f -5 PI: 3: 49 - 3 4 5 I IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS E m?l? 1, AND OECURATION OF RESTRICTIONS MG THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS (hereinafter 'offer') is made this 16th day Of January s 19 86 t byy -. tnersh: (hereinafter referred to as m6rantor8). I. WEREAS, Grantor is the legal Owner of a fee interest of certain real property located in the County of San Diego , State of California, and descrfbed in the attached Exhibit A (hereinafter'referred to as the mPropertya) ; and (Legal 'description from grant deed) I1 WHEREAS, all of the Property is located uithin the coastal zone as . defined in Section 30103 of the California Public Resources Code (which code is hereinafter referred to as the 'Public Resources Code"); and I11 , WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as the 'Act.) creates the California Coastal Conmission, (hereinafter referred to. as the oComissionB) and requires that any coastal development permit - approved by the Commission must be consistent with the policies of the A,ct set forth in Chapter 3 of Division 20 of the Public Resources Code; and IV, WHEREAS, pursupnt to the Act, Grantor applied to the California Coastal Commission for a permit to undertake development as defined in the Act within 24 ithe Coastal zone of San Diego County (hereinafter the 25 ~aPermit8]; and 26 iv. WHEREAS, a coastal development permit (Permit No. 6-85-492 1 27 : -1 PAPER rc 01 CIL?1OI*I* , 113 IRLY. 8.711 ow . 8. \ . ’: 4 . 0 0 Or 110 1. attached hereto as Exhibit B and hereby incorporated by reference, subject to 3 accordance with the provision of the Staff Recommendation and Findings, 2 was granted on November 22 19 85 . by the Commission in 4 5 6 7 8 9 10 11 12 13 14 15 16 17 the following condition: 3. Lateral Public Access. Prior to transmittal of the coastal development permit, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use. along the shoreline,. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer to interfere with any rights of public access’acquired through use which may exist on the property. Such easement shall be located along the entire width of the property from the toe of the bluff seaward and as generally shown on Exhibit #4. The document shall include legal descriptions of both the applicant’s entire parcel and the easement area. I The document shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The, offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. -. * T IVI. WHEREAS, the subject property is a parcel ’located between the first 18 Section 30108.6 and that therefore in the absence of such a condition, a permit 27 Act of 1976 and the Local Coastal Program as defined fn Public Resources Code 26 public access policies of Section 30210 through 30212 of the California Coastal 2s condition, the proposed development could not be found consistent with the 24 VIII. WHEREAS, the Comission found that but for the imposition of the above 23 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 the shoreline and along 20 VIS. WHEREAS, under the policies of Sections 30210 through 30212 of the 19 pub1 ic road and the shoreline; and * i could not have been granted; r PAPER DC ULWORNIA 13 IRtv. &?Z* OBC I. -2- i .. .. '. '1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Rf PAPER I Or ULIWRNIA 1 I3 (ICY. 0.721 OSC * 0 .-, 'U- 111 IX. WHEREAS, it is intended that this Offer is irrevocable and shall constitute enforceable restrictions within the meaning of Article XIII, Section 8 of the California Constitution and that said Offer, when accepted, shall thereby qualify as an enforceable restriction under.the provision of the California Revenue and Taxation Code, Section 402.1; - NW THEREFORE, in consideration of the granting of Permit No. 6-85-492 to Grantor by the Commission, the owner( s) hereby offer(s) to dedicate to the People of California an easement in perpetuity for the purposes of lateral public access and passive recreational use along the shoreline II I] 1 ocated on the subject ProPe rtY along the entire width of the property from I the toe of the bluff seaward and 2s shown on Exhibit !$if attadeL "E*hgb;t 8 ". II Ill - . '. .. -xWt C -ecUy 9 Z 1. BENEFIT AND BURDEN. This Of fer shall. run with and burden the Property and all obligations, terms, conditions, 'and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on 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. This offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the qffer, to interfere with any rights of public access acquired through use which may exist on the Property. // // -3- I1 I b’ : ‘1. *. l: I 0 e i)- 112 .. . i 3. ADDITIONAL TERMS, CONDITIONS. AND LIHITATIONS. Prior to the 2 the subject property in order to assure that this Offer for public access fs I i 4 record additional reasonable terms, Conditions, and limitations on the use of 3 opening of the accessway, the Grantee, in consultation with the Grantor, may 1 I 5 effectuated. , - .. - 6 7 a 9 10 11 12 13 14 15 I6 . 17 18 19 211 21 22 23 24 25 26 27 c ULIcanU~A PAPER 3 IRLV. ..7SI I.? , I I 1 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obllgatlons, and reservations contained in this Offer shall be binding upon’and inure to the beneflt of the successors and assigns of both the Grantor and the 6rantee. whether voluntary or Involuntary. . 6- - TERM. . This irrevocable offer of dedication shall be binding for a period of 21 years starting’ from the date of recordation, Upon recordation of an acceptance df this Offer by the Grantee, this Offer and terms, conditions, and restrictiow shall have the effect of a grant of access easement in gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successqrs. The People of the State of Callfornia shall accept thls offer through the local government in whose jurisdiction the ., .. subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission or Its successor in interest. // // // // . // h t -4- .I *. - I. -_ 0 0 - * .i)u' 113 Acceptance of the Offer is subject to a covenant which runs ni th the and, providing that any offeree to accept the easement may not abandon it but ust instead offer the easement to other public agencies or private ssocfations acceptable to the Executive Director of.the Commission for the uration of the tern of the original Offer to Dedicate. xecuted on this /b day of "t&?.y ! i/l.l,c+ , at d(4 .,,( , ~4 yfi .. Signed -\ - . yk 2 .J , California. Winners Circle Resorts Interna ional, - _."""".. - General Partner "" _...." - JAMES M. WATKINS, Individually Co-General Partner Owner fo 1 JAMES M. WATKINS 9 President " 11 12 13 . */* 2.d .---.." ;ar' Pri Ka- v,,p ,/ Signed .Y .. RICHARD M /4 ," ITCHFORD-, Secreta! H TvDe or Print - S"E OF CALIF'ORNIA) COUNTY OF SAN DIEGO) ss 3 I1 Y On kL ./ 6 , '19& before me, the undersigned, a Notary Public in and for 'd County and State, personally appeared James M. Watkins, personally known to me to be the President, and Richard Pitchford, personally known to me to be the Secretary, of Winners Circle Resorts International, Inc., the Corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said Corporation and acknowledged to me that said Corporation executed the within instrument pursuant to its By-Laws or a resolution of its Board of Directors; said Corporation being known to me to be a General Partner of Carlsbad i', Inn, Ltd., a Limited Partnership, the Partnership that executed the within instrument, and acknowledged to me that such Corporation executed the same as such Partner and that such Partnership executed the same. .- JITNESS my hand and official seal. q~14aT PlIab9c GALWOnN" ly commission ex HL.. n and for said Countfland State .. . . -. ,.._ . . . . ". . . - . . . . - . - .I CE" rlsbad Inn Beach Club Facilitv . .' e .I ,ORDER NO. 60032-1 &EGAL.DE§CRIPTION 0-AF'8523 FtxATRrr A ., 0 114 The land referred to in the Report is situated in the State of California, County of San Diego and is described as follows: That portion of unnumbered Block in the TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, ..State of .California, according to Map a thereof No. 535, filed in the Office of the County Recorder of San Diego County; and that portion of Ocean Street as shown on said Map, closed to public use, described as follows: Beginning at a point at the 'Southwesterly line of State Highway Division VXI, Route 2, Section rBr, Sheet 18, approved October 17, 1912, as per Map on file in the Office of'the.County. Surveyor of,San Diego County, distant therealong, South 3Oo56'2OW East,::l75.35 'feet from a point in the South- westerly prolongation of the Northwesterly line',.of Block 14 of said TOWN OF CARLSBAD, distant thereon South 55027*OOm..West, 45.09 feet from the North- westerly corner of said Block.14; thence.'along said Southwesterly line of State Highway, North 3Oo56'2Ow West;. 22.57 feet; thence South 55°27'000 West, 78.25 feet; thence North~~34*3I'OOa'West, 8.08 feet; thence South 55°27'00w West to the mean high" tide line of the Pacific Ocean; thence Southerly along said mean high tide line 'to. a point that bears South 55°27800w West from the Point-of Beginning; thence North 5So27'OOw East to the Point of Beginning. e::> ::-,-.;.* . *. , : EXCEPTING' THEREFROM that portidn, :.if any, lying 'between the Westerly line of State Highway, Division VII, 'Route 2, Section "Bn, Sheet 18, approved October 17, 1912, an8 the Westerly line ,of Ocean Street as shown on said Map 365. .:. ." . . I .. .. . .. .., : I . .:, . -. ~ .~ -. . - . : . _. .~ .. 2.: - ., . .. .:-. -.". ___ - -..,-.. ' 2". , . .- .r..L.' . ., . , .. _' . ., .. ? -... - -... .. . .- ... " .. , .. . .. . .. ? .. ~ . .. . . -. ,. ~. . . ... . ,...- i .." . - . .. : r .- STATE OF CALIFORNIA) ss 1 COUNTY OF SAN DIEGO) i OR [& 16 , 19& before me, the ed, a Notary Public in and for aid County and State, personally appeared ,kiii~~ , personally known to ne to be a General Partnkr of the PartnAhip that executed the within instru- ment, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Fly commission expires Gif E /Vif LLtL4J&- in and for said .Stat&d County [-@& MARY ANN DUNIGAN OFFECIAL SEAL % a:-, .. ..01ART PLIRIIC CILI6Om. 1 y$c&-py !&,U""h" 4 "*?". ,",> ,... 5.'. ..,- "&,.*." -.:. mwlll*m(F " PWWIPA1 OFFFICE an g hsd MyCommission~~im~t.4.~~ i 8hN OIFM COUNTY . .- . -. This is to certify that the Offer to Dedicate set forth above is :OURT PAPtm TATS 0. UbWOlNlA ,ID. 113 (asv. a-781 b .. P' .. - . . .. . ., . & . .. 6 e arlsbad Inn Beach Club Facility L , 116 6IT A .ORDER NO. 60032-1 LEGAL' DESCRIPTION D-AP8523 ... The land referred to in the Report is situated in.the State of California, County of San Diego and is described as follows: That portion of unnumbered Block in the TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, .- State of 'California, according to Map 1 thereof No. 535, filed in the Office of the County Recorder of San Diego County; and that portion of Ocean Street as shown on said Map, closed to public use, described as follows: Beginning at a point at the 'Southwesterly line of State Highway Division VII, Route 2, Section %*, Sheet 18, approved October 171 1912, as per Map on file in the Office of the- County- Surveyor of ,San Diego County, distant therealong, South 3O056*2Ow East,.::175.35 'feet from a point in the South- westerly prolongation of the Northwesterly line; of Block 14 of said TOWN OF CAFUSBAD, distant thereon Sout~,S5027*00~.West;" 45.09 feet from the North- westerly corner of said Block ;14; thence ..'.'alon g. said Southwesterly line of State Highway, North 30°56'20n' West,"- 22.57 feet: thence South 55°27900n West, 78.25 feet; thence North~34°31*OO~a West, 8.08 feet; thence South 55O27'OOn West to the mean high tide line of the Pacific Ocean; thence Southerly along said mean high .tide line .to a point that bears South 55°27n00n West from the Point.of,Beginning; thence North 55°27w00m East to the Point of Beginning. .,;:&.*:j..::.:. 4- .......... -.-; .:- ,<-.-. . f EXCEPTING THEREFROM that portion,.'::if .any, lying between' the Westerly line of State Highway, Division =I,. Route 2, Section rBn, Sheet 18, approved October 17, 1912, and the Westerly line of Ocean Street as shown on said Map 365. .' I ,. .. .... .... ". - - __- ., . - ...... . . _. .. - .-._ . ~ . - ..:".".::.,:-' :..- .,..-::. ..;. . .. .... .. ... .... .-. . ...... . - - - - . - -. ..... .- ......... ... .. +- - -. "' .... .... ." ._ .- . .. . , .-. , .. .. T : ~ ,., , . . -. .. -.,-. ____ .- ->:.: "-. - -.~ - . "" .. ... ".I\.- ... . - .. <I ... .. J =' ;::. . = . ..... , . : >?. ...... : ..=-..-... .......... .. ..x i 1: . . ,.. " . .... i ... .. :. . .... - .- .. ... .. .. .I.. - ... ~. .. .~ .... _. .... -..... - .. ... . ~. -. . .. ... . c, . ,. ... .. i / 8T15\Vd1RT TITLIS GUARANTY COMPANY I I ... .... .:- ... .- , .. . ". " a L. .. .. ,r .. W€Xff/&/T B - 0 117 . STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMUIAN, &-I CALIFORNIA COASTAL COMMISSION 'SAN DIEGO COAST DISTRICT 1333 UMINO DEL RIO SOUTH, SUITE 125 SAN DIEGO. CA 92108-3520 Filed : October 28, 1985 @ 49th Day: December 16, 1985 -. 180th Day: April 27, 1986 -..-. * (619) 291-9740 Staff : EL - C Staff Report: October 29, 1985 Hearing Date: November 19-22, 1985 REGULAR CALENDAR STAFF REPORT AND PRELIHINARY RECOMMENDATION Application No.: 6-85-492 Applicant: Carlsbad Inn Ltd. Agent: Judi Carroll Description: Construction of a one story, 852 sq. ft. (including decks) beach facility to serve guests and owners of the Carlsbad Inn located SO-feet to the east across Ocean he., on a lot where a public beach accessway exists and will remain. Lot Area 3uilding Coverage Pavement Coverage Landscape Coverage Unimproved Area . Parking Spaces . Zoning Flaw Designation Ht abv fin grade 2,436 sq. ft. 632 sq. ft. (26%) 684 sq. ft. (28%) 746 sq. ft. (30%) 374 sq. ft. (16%) 0 R-3 Res. High density 22-f eet Site: 3039; Ocean Avenue, Carlsbad, San Diego County APN 203-251-05 . Substantive File Documents: Carlsbad %ello I1 Segment" Land Use Plan 6-84-221 (Collwood Pines, Ltd.) Hajor Amendment 3-85 to Mello I1 LIP CUP-271 and ZC-327 - STAFF NOTES: Summary of Staff's Preliminary Recommendation: Staff is recornending approval with conditions addressing public access and releasing the Commission from any liability due to storm damages on this oceanfront property. .. N@ 15*05 = .. . # 0 e C 9 118 ? , 6-85-492 Page 2 PRELIHINARY STAFF RECOWHENDATIOI: The staff reconnnends the Commission adopt the following resolution: I. Approval with Conditions. The Gomission hereby grants a permit for the proposed development, subject to the.conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 11. Standard Conditions. See attached page. 111. Special Conditions. The permit is subject to the following conditions: 1. Vertical Public Access. Prior to transmittal of the coastal development permit, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering .to dedicate.to a'public agency or private association approved by the Executive Director an easement for public pedestrian access to the shoreline. Such easement shall be over and across a strip of land six feet in width, lying adjacent to and south of the north property line, -and shall extend from Ocean Street to the mean Mgh tide line, and as generally shown on Exhibit #3. The document shall include legal descriptions of both the applicant's entire parcel and the easement area. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the.offer, to interfere with any rights of public access acquired through use which may exist on the property. * !She document shall be recorded free of prior liens and encumbrances, except for tax liens, which the Executive Director determines may effect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding successors and assignees. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recordation; 2. - Maintenance of Access Stairway/SiRn. Until such time as the above-required vertical access easement is accepted by an appropriate agency, the applicant shall maintain the existing access stairway in good repair, and said stairway shall be open at all times to both resort patrons and the general public, In addition, the applicant shall post and maintain a sign at the head of the stairway, indicating that it is open for public beach access. Said sign shall be comparable with the existing beach access signs posted by the City of Czrlsbad throughout its jurisdiction. The sign plan shall be submitted to, reviewed by, and approved in writing by the Executive Director, prior to release of the coastal development permit. . -.. ..- _....-. . . .. .- . . " . " . . - .. - __ . . - - . X . " . 711 . \. ' .. e 6-85-4 e Page 5 0 121 westward proposed deck encroaches farther seaward than any similar structures on either adjoining lot, although there are many comparable encroachments (i.e., decks/patios/gazebos) on other sites within the same block of oceanfront properties. It would appear that strict application of the stringline setback would require that the project be redesigned to remove all development that encroaches beyond this imaginary stringline. The requirements of Policy 7-13 , however, tend to offset this requirement. That policy states that new development which would obstruct existing visual access along the overall Carlsbad shoreline not be permitted. bt this location there currently exists an unobstructed view to the ocean from the public street (Ocean Street). As proposed, the development is stepped gradually down the bluff, with only minimal encroachment into that existing public view. If the development must be pulled back towards the street, the ocean view will be virtually eliminated. This situation is linavoidable due to the small size of this lot. With only 24 feet of width, and with the existing six-foot wide access stairway, the applicant is left with only 18 feet of developable area. This puts severe constraints upon the type of development that can be designed. In this particular case, the Commission finds the project, as proposed for design, can be found consistent with the intent of these two. somewhat conflicting_land use plau~~~isigs. The three sundecks allow most of the existing _view corridor to be retained, and the encroachment of a.portion of the enclosed structure and the. lowest deck beyond thesWikline.is not considered significant froma regional or statewide'standpoint. Additionally, this is the only lot of its size (width) in this area of Carlsbad, so it would not be necessary to similarly compromise the development stringline on any other properties. Furthermore, the applicant is proposing to landscape the entire property, excepting the bluff itself below the lowest deck. Therefore, the Commission does find the project consistent with all lgnd use plan policies address-sua1 resources. 4. Local Coastal Program. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and county islands prior to specific statutory dates. The Commission's permit decision must be adequate to carry out the ago3&d=?n@n- as required by Section 30510.1, and is no longer based on Chapter 3 of the Coastal Act. This project raises the issue of the appropriateness of the proposed land use. The Commission-approved Lahd Use Plan designates this site for High Density Residential development (,J...?wit ds,sreJ. A redesignation of that zoning to Open Space has been approve d? by both the Carlsbad Planning Commission and the City Council (2C-327). The matter is now before the Coastal Commission as Amendment 3-85 to the Hello I1 Segment Land Use Plan, and will be heard the same day as this permit item. A recommendation of approval on that amendment request has been drafted, and findings substantiating that recommendation are incorporated herein by reference. The requested zoning of open Space would allow the type of development herein - . - . . . . . - .- . .. _-._ .._"" -. . ,"- ... ____._"""".."-. ". ". . . . -- . . .- .. . . . . . . - .. . - . . . . . - . - " ... . . ... .' . .. . . ,. 0 0 6-85-492 . 1 0. 122 Page 6 proposed , and, ~nsider~~~atror~s~o~th~l~wo~d~~a-p.referalzle ?%era&, the Codssh&~t<~oject, as conditioned to maintain and enhance public access to and along the shoreline, would be in conformance with the Carlsbad Mello I1 segment LCP, as amended. Additionally, since this is an ocean bluff development, a condition is attached requiring a deed restriction documenting the applicant's acknowledgement of the risks inherent in any such project, 'and releasing the Commission from all liability for any damages which might result from project implementation. The Commission has historically required such an assumption of risk on any project sited in a hazardous area (i.e., blufftop, oceanfront, floodplain). With this condition, the Commission finds the project in conformance with the intent of all policies in the Carlsbad LCP Hello I1 Segment, as mandated by special legislation. STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The pennit is not valid and " detrelopment amxGe to e high density identi$ now permit<&d-. development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission . off ice. 2. Emiration. If development has not corIrmenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. T 3. Comliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Intemretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site * and the development during construction, subject to 24-hour advance notice. 6. Assimment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit: 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. . Doc. 5492R .. __. . _. .. . . ._ .* . ,.' ,. .-. .. .~ 0 L 123. 6-r- $77; APPLICATION NO. - 6-fF vfa Loa+,%w A& &e CaEfnrda -astat Commlscton .. -. :. , +- - -. ..I .. - " : 1 +." . - " A. . _..-* . I' ! .. 'U r -% :z 9 "7 .I .2 +3 - _. - + bd 1 .. .. . 9cean rtreet .. .. . - . .., . dZ4 AKr- yyg .. .. I . , :I . '4 . .- -. .. _. . .. .. .. .. .. .. I) '1 I i -. ,- .. 1 i EXHlBlT NO. 2 APPLICATION NO. &pr* v92 -I S;Jt 2/6, @c CaFforda Canstat Commloslon I- .. .- ... * 7 u I"" "6" ' .- - -- - ,. - ~. : ,- , 6 '63 -772 .. - EXHIBIT NO. 3 6 - PC- V91 APPLICATION NO. !/e4-7$* ra 1 A cea e CHlifornla CJJltJt cO~~:lor - Or.L)mn *+v-m+ I . ..e .. .- . . . . . - . . . .. ., . b *It t . ...-a . . " hammn -++-ob 0 6' - g5ee5-qF> ~~. ~ ~~~ ~~ ~ ~ ~~"~".~.. . " " .. *Ow 126 . .. .. .. . .. .. > . >-..: ;- I '. :; , . 'd ;.. . .:.,;. ' ... . . . . . ,. , . ... .. ._ . .* .. 1 Lgckd . j .! pu%ss : .. &&b&J+ .. .. EXHIBIT NO. q -6-rrdVY2 APPLICATJON NO. aa Calitornln hastat Commla-lon 1 - .. . . .. .. .. . .. .. .. *' .. I' kflX/!!/ ,? ;< c ac Califamin Coastal Commlasta " """ -."-. . I. . .. .. . .. . 0 ....... Recording Requested by and When Recorded Mail To: 0759 c>- "i 1 " .... .. - ... - ..... ....... . - .~. - .- . - + f..5- ; 4 E:.: Q $6 " -- -x . ..,, " : .J City Clerk "i i ~ I. iz 'T 3 .g &?:,ypJ $ 0 .A .".. ....... < EXHIBIT c ." - ii ...~. - -. -. .~ ~ -- " ..... ""_. .". . - .. "".- i . - ...... ~.. ..- - . " .. i ......... .... .... -. ..... ~- ". . .. . ~2.. . . ." :, + .. ." Cit; of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 , +i - :., . . _= . ~ . . .... .... . . ,: " - - . " . - - . - ..... .=~ ... 7 ~ 'L :.-. _, : . " - - "." .- .. i <-.:-:::.:.: ...:= -=_-.-._ .". __ i .".-.;;;;:.:;< < -_ -i CERTIFICATE OF ACCEPTANCE This is to certify that thehereby NO d accepts the Offer to Dedicate for Permit No. 6-85-492 Executed by: Carlsbad Inn, Ltd. on Jan= 16 , 198-6 and recorded on June 59 I986 As Instrument No. 86-225919 of the Official Records in the Office of the Recorder of San Dieso County. February 9, 1989 BY Dated For The City of Carlsbad 1 .".V STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) 5s On February 9, 1989 , before the undersigned, a Notary Public, personally appeared Metha L. Rautenkranz * /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. ............................... * OFFICIAL SEAL $ * NOTARY PUBLIC-CALIFORNIA * * SAN DIEGO COUNTY * ~*~******XM**?*~*************I * KAREN R. KUNDTZ , 5 * My Comm Exp Sept. 27, 1989 x Not. Publjdidnd&or said County and State -. .. . '2. * ..: . . .. .c . .'i?.$ I," . .. . .C *1 2 '... - i t. Ret& Original To i Recording Requested 9: e' State of California 0 132 California Coastal Conission 631 Howard Street, 4th Floor San Francisco, California 94105 '?\ :<") , .I. mrZXbYl3 " i ;. " ,-> .l .. ~ .--" .'k".., 1 , - . - .. ~ L .;"'* ; j . , ; ~~~'F~,...,'''":'L;;". ILL I i ;. :; :: .,::::,+ -* 5-r. 7. - " ' f *I,. , , 4,. +"' :'i .,- ,;-: c.,. . ... . 1% JI?! -5 pli 2: 4,a 7.~: nw-8 d .t-w~fid:I?G REQUESTr,D By &%%igcoRDEd LYLE h-kVMi. 71EE Cx2- . -' @I BF IRREVOCABLE OFFER TO DEDICATE WHEREAS, (I) Carlsbad Inn. J,td - . is/are e record owncr(s), hereinafter referred to as "OWner(S)", of the real 9 1 property located at (2) 3037 Ocean Avenue, , Carlsbad, CA 92008, Countv of Sari Diego - - California, legally described as particularly set forth in attached (3) 12 Exhibit A hereby incorporated by reference and hereinafter referred to as II the "subject property"; and EXHIBIT A (from Title Report). -. WHEREAS, the Ca1i.fornia Coastal Act of 1976 (hereinafter referred as the "Act:) creates the California Coastal Comission (hereinafter 16[ referred to as T the "Conmission") and requires that any coastal development permit approved by the Commission or local government as defined in Public 18 Resources'Code Section 30109 must be consistent with the policies Of the ,'I l9 Act set forth in Chapter 3 of Division 20 of the Public Resources Code; and I e WHEREAS, the People of the Stato of California have a legal rest in the lands seaward of the mean high tide line; and WHEREAS, pursuant to the California Coastal Act of 1976, the 23 24 25 26 r owner(s) applied to the Commission for a coastal development permit for (4) Construction of a one-story, 852 Sq. ft. (including decks) beach facilitv to serve guests and owners of the Carlsbad Inn located 50 feet to the east aerussl0ee& Av.enaes;.zaa a:~lo~3w~ere~a~.pu~~~cLbea~~~.a~~e~s~av'ex~s~s .and will remaln . ' on the subject property; and I WHEREAS, a coastal development permit no. (5) 6&5-497 was kT PAPER I OF cAcrro.*lr 113 IIICV. ..7ZB I OS? I I. .? . -. "3 1 ' > '<< r' 1. id *3 I; .:.., " Ub 133 I .! .I' gbnted on (6) November 22 , 19 85 by the Commission in accordance 2 with the provisions of the'Staff Recomendation and Findings (7) (Exhibit 3 1 3 attached hereto and hereby incorporated by reference, subject to the I *. ". . . . foil &i ng condition: (8) #1. ti.&^ "PublFc'I'Access. $hior to transmittal of , ,~,~-. .~ . . , the coastal development permit, the-.'landowner shall execute and record a document , in a form and 'content acceptable to the .Executive Director , irrevocably. offering to dedicate t public agency or private association approved by the Executive Director 'easement for. :publiC pedestrian access t the shoreline. Such easement shal e over and. 'across a strip of land six fe in width,"Tylag adjacent to .and south of the n'orth property line, and shall extend from Ocean Street to the mean high tide line, and as generally shown o Exhibit #3. The document shall include.lega1 descriptions of both the applicant's entire parcel and the easement area. .The document'shall provide that the offer of dedication shall not be used.or construed to.allow anyone, prior to acceptance .of the offer, to interfere with any rights of public acce acquired through use .. which may exist on the property. The document shall be recorded free 'of pr.ior liens' and encumbrances, except for tax liens, which the Executive Director determines inay effect the.interes being conveyed. The offer shall run with the land in favor of the People of the State of California, binding successors and assignees. The offer of dedication shall be irrevocable for a per'iod of 21 years, such period running from the date of..recordation,. :.. .. . .. .. .. . .. . .. ._.. z .. _. i .: .. Y .. . VI. 'WHEREAS, the subject property is a parcel located between the I 'e In 1 !S it 19 first public road and the shoreline; and I - 20 VII. WHEREAS, under the policies. of Sections, 30210 through 30212 of the California Coastal Act of 1976, Qublic access to the shore1 ine and along the coast is to be maximized, and in all new development projects located between the first. public road and the shoreline shall be provided; f WHEREAS, the Conmission found that but for the imposition of the 1 condition, the proposed developmqnt could not be found consistent the public access policies of Section 30210 through 3Oh2 of the ST PAPER t 0. C*LWOI*I. $13 IRIV. e.713 est -2 - ~.'.'' I. * .. '(II ; . .- .:j *j .j3 4 California Coastal Act of 1976 and that therefore in the ahsence of such a condition, a permit could, not have been granted; - NOM THEREFORE, in consideration of the granting of permit no. (9) .6-85-492 to the owner(s) by the Commission, the orlne'r(s) hereby offer(s) to dedicate to the People of California an easment in perpetuity for the purposes of (10) public pedestrian access to the shoreline Over an$ across a strip of land 6 feet in located on the subject property (11) width. Ivi-.ent to -11th nf the north property line, and shall extend from Ocean Street to the mean high tide line. and as specifically set forth by attached Exhibit C (12) hereby incorporated by reference. This offer of dedication shall tje irrevocable for a period of . . twenty-one (21) years, measured forward from the date of recordation, and shall be bindipg upon the owner(s), their heirs, assigns, or successors in interest to the subject property described above. The ?eople of the State of Califor;\ia shafl accept this offer through the local government in whose T . -18 19 20 21 22 23 24 25 26 27 .. RT PAPER E 01 CILIVOIUIA 113 tnw. a-72) om* jurisdiction. the subject property lies, or through a pub1 ic agency or a private association acceptable to the Executive Director of the Commission - - or its successor in interest, /I I/ .i #. .. e. I/ ': // .. I .. . /I I/ /I ~. -3- i ! ! i i \. /?. :d (,y$ . @' bu 135 I Acceptance of the offer is subject to a covenant which runs \r/i th ~ e land, providing that any offeree to accept the easement may not abandon but must instead offer the easement to other public agmcies or private sociations acceptable to the Executive Director of the Commission for the ration of the term of the original offer to dedicate. The grant of sement once made shall run with the land and shall be binding on the ners, their heirs, and assigns. ecuted on this 16 th day of ~anuar? , at Can.- *. , California. Winners Ci r%le Resorts International. ... General 'Partner . : .. .. Dated: ,. Signed .> . . .. _.. - . ._. "--- 1 JAMES M. WATKINS , President .- . .- . .. .. .. :_ .. - . '' . ..;. .' Signed .' ' zp72*z:T. . - _. . .. . . ..._. . . . .. . . .. . .. . . .. . ~. .. _.. 8. RICHARD M. TCHFORD. Secretary .. .. T .. . . Type or Print Nilme of Above-. f. ' "-;- -. "_" .. .. . . Signed , ' %. .. .". .. .. .- %- . JAMES M. WATKINS, Individually . .. . .'. ' Co-General' Partner. .: . .. ' . .. - .. \;. ! .. .,. _. . . ' z .. '. .. .. . , .. 'r i I )URT ?Al.CR AT.: ow ULWORUI4 0. 111 ((ICY. *.')z* *& i i 4. I,. &e ' .: ..> . .-\ 0. 4- 136 STATE OF CALIFORNIA) ss XlUNTY OF SAN DIEGO) 3n +, 19" @ before me, the Public in and €or said C ty and State, personally appeared , personally nown to me to be a General Partner of the Partdship that executed the within instru- tent, and acknowledged to me that such partnership executed the same. TTNESS my hand and official seal. y commission expires OLL. ~;f: (788 * 3kuAi+j &.d diLbu9L lic in and for said gate and County 1- OFFICIAL SCAL MARY ANN OUNlGAN b"l WTIRV Plmc CICITORRU i SAW DtfcO COUNTY MvCommissionExpiraOct.4,1988 I yBy1 9 PIIWCIPAI OFFlCC tfi I olpywy " "- - "- - 'ATE OF CALIFORNIA) ss UNTY OF SAN DIEGO) z *.3 c9&, before me, the undersigned, a Notary Public in and r aid County and State, personally appeared James M. Watkins, personally known me to be the President, and Richard Pitchford, personally known to me to be the xetary, of Winners Circle Resorts International, Inc., the Corporation that executed - t within instrument, known to me to be the persons who executed the within instrument behalf of said Corporation and acknowledged to me that said Corporation executed 2 within instrument pursuant to its By-Laws or a resolution of its Board of rectors; said Corporation being known to me to be a General Partner of Carlsbad L, Ltd., a Limited Partnership, the Partnership that executed the within instrument, I acknowledged to me that such Corporation executed .the same as such Partner and tt such Partnership executed the same. ? 'NESS my hand and official seal. conmission expires o&t. - .u: /YJJ ,' - in and for said Co@y and State s -8" ., .I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PAPER ' CALWORNIA I IREV. 8-72> SF I ..;y.:..1 @ . ,. ,<,':] e .. u 137 . This is to certify that the. Offer to Dedicate set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authority conferred by the California Coastal Commissic when it granted Coastal Development Perrnit No. I; fl!sO.y?z on AljL&p&&,~ ,G,/q63 and the California Coastal Commission consents to recordation thereof by Lts duly authorized officer. - DAm: 9 /!, /5?{?5 pp RMA COAST CO SSION STATE OF CALIFORNIA COUNTY OF SAN F€WCISCO ) I ss on Ym /5, /a?.?. 9 before me +t2 W&J/;P& SM&de./ of the California Coastal Commission ? a Notary Rblic, personally appeared &*/y/. &a/ (I personally' hown to me to be the person who executed this instrument as 9 and acknowledggd to me that the California Coastal Commission executed it. Ld4!hv%&kf/A ' Nam mc IN AND FOR SAID STATE AND COuNTp ;;;;? :: : ;;,..; . ,I .-<,-;;;A * 4 < r .L 1 . xqrlsbad Inn Beach Club FacilitF.::;, .L .. ia i7 . .'._ . ; &BIT A 138 ORDER NO. 60032-1 II LEGAL DESCRIPTION .. D-AP8523 .. - . .- .~ , me land referred to in the Report is situated in the State of California, County of San Diego and is described as follows: That portion of unnumbered Block in .the TOWN OF CARLSBAD# in the City of Carlsbad, County of San Diego, .-State of 'California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County; and that portion of Ocean Street as shown on said Map, closed to public use, described as follows: ' ., Beginning at a point at the 'Southwesterly. line of State Highway Division VII, Route 2, Section.'Bn, Sheet 18, approved October 17, 1912,.as per Ma] on file in the Office of the County. Surveyor of _Sari Diego County, distant therealong, South 3O056@2Ow East,-:.175.35 'feet from a point in the South- westerly prolongation of the Northwesterly line,"of Block 14 of said TOWN C CARLSBAD, distant thereon South~55027fUQ",West,~. 45.09 feet from the North- westerly corner of said Block 1.4; thence :'along' said Southwesterly line of State Highway, North 3O056'2OU' West,. 22-57 feet; thence South 5So27'0On West, 78.25 feet; thence North 34O3lf0O.a' West, 8.08 feet; thence South 55°27i00a West to the mean high'tide 'line of the Pacific Ocean; thence Southerly along said mean high .:tide line :to' a point that bears South 55°27f00n West from the Point .of Beginning; thence North 55O27'00" East tc EXCEPTING THEREFROM that .portion, ' if any, lying between the Westerly line of State Highway, Division VII, ' Route 2, .Section "B", Sheet 18, approved October 17, 1912, andt the Westerly line of Ocean Street as shown on said Map 365. .. ..... .. .. __.. .-._ ..... ., . ', .... ... the Point of Beginning, . .... <,., t'l. .... . > :. . . -: .... .. " ...... .... ~." :, ..... .... -.-._:. ;, .... - ............... 4... .... - _._"-. : , . '. .~ -. . " .. . : .... I,. .- T,_-__-_,.". - _"____."___ -. . .... --- .... .--- . - ... " . , .__ -. - -.-- - .- . . ". ....... .. ,. , ..- .- ,. .... __- .. ._. . .. ...... - .. ..... ......... -, ~ . . ".- - - r"" - .- - .. - .,/ ~ e.. ,:-,;..: ..- ...... .. 2- :. .:: .......... ~ -< -: L:'. > ' . "..;; :. -~. , . , . . ;:..:..,::. : . .. ...... i_; ...... .. .. ............ .. _. .. .: - .... - <. .. .~ .. I. ,. .. .. d ... .. .) .* S'l'E\VA\RT TlTL QUARAWTY COMPANY , ..I . .-, $@ Ex STATE OF CALIFORNIA-THE RESOURCES AGENCY YLVn 'Hmr E5 a?; ecnQGE DEUKMEIIAN, Gown CALIFORNIA COASTAL COMMISSION. Filed : October 28, U 19S5n ' . c F 180th Day: April 27, 1986 w SAN DIEGO COAST DISTRICT 1333 CAMiNO DE1 RlO SOWH, SUITE 125 . 49th Day; December 16 1985 SAN DIEGO, CA 92108-3520 (619) 297-974 Staff : EL-c q " """ \bi Staff Report: October 29, 1985 Hearing Date: November 19-22, 1985 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION Application lo.: 6-85-492 Applicant: Carlsbad Inn Ltd. Agent: Judi Carroll Description: Construction of a one story, 852 sq. ft. (including decks) beach facility to serve guests and owners of the Carlsbad Inn located 50-feet to the east across Ocean Ave., on a lot where a public beach accessway exists and will remain. Lot Area Building Coverage Pavement Coverage Landscape Coverage Unimproved Area Zoning Plan Designation Ht abb fin grade . Parking Spaces 2,436 sq. ft. 632 sq. ft. (26%) 684 sq. ft. (28%) 746 sq. ft. (30%) 374 sq. ft. (16%) 0 R-3 Res. High density 22-f eet Site : 3037 Ocean Avenue, Carlsbad, San Diego County AFl 203-251-05 Substantive File Documents: Carlsbad Wello I1 Segment" Land Use Plan 6-84-221 (Collwood Pines, Ltd.) Major Amendment 3-85 to Mello 11 LUP CUP-271 and ZC-327 .. STAFF NOTES: Summary of Staff's Preliminary Recommendation: Staff is recommending approval with conditions addressing public .access and releasing the Commission from any liability due to storm damages on this oceanfront property. .. #()I IS@ 9.. ., :$...2\ "0 ::>.. 1 . .*.I 6-85-492 01 Page 2 u 140 . 7 PRELIMINARY STAFF RECOMNDATIOI: The staff recomends the Commission adopt the following resolution: I, Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 11. Standard Conditions. See attached page. 111. Special Conditions. The pemit is subject to the following conditions: 1: Vertical Public Access. Prior to transmittal of the coastal development permit, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for public pedestrian access to the shoreline. Such easement shall be ovek and across a strip of land six feet in width, lying adjacent to and south of the north property line,-and shall extend from Ocean Street to the mean high tide line, and as generally shown on Exhibit #3. The document shall include legal descriptions of both the applicant's entire parcel and the easement area. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. The document shall be recorded free of prior liens and-encwbrances, except for tax liens, which the Executive Director detemines'kay effect the interest being conveyed. The offer .shall run with the land in favor of the People of the State of California, binding successors,'and assignees. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recordation., 2. -Maintenance of Access Stairway/Sizn. Until such time as the above-required vertical access easement is accepted by an appropriate agency, the applicant shall maintain the existing access stairway in good repair, and said stairway shall be open at all times to both resort patrons and the general public. In addition, the applicant shall post and maintain a sign at the head of the stairway, indicating.that it is open for public beach access. Said sign shall be comparable with the existing beach access signs posted by the City of Czrlsbad throughout its jurisdiction. The sign plan shall be' submitted to, reviewed by, and approved in writing by the Executive Director, prior to release of the coastal development permit. ,. .. .. .I . .I 3 Ln 6-85- a, Page 3 9 141 3. Lateral Public Access. Prior to transmittal of the coastal development permit, the landowner shall execute and record a document, in a form and content.acceptable to the Executive Director, irrevocably offering to dedicate'to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use along the shoreline. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use entire width of the property from the toe of the bluff seaward and as generally shown on Exhibit 84. The document shall include legal descriptions of both the applicant's entire parcel and the easement area. The document shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor OP the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. which my exist on the property, Such easement shall be located along the 4. Applicant's Assumption of Risk. Prior to the transmittal of a coastal development pemit, the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide: (a) that the applicant understands that the site may be subject to extraordinary hazard from waves during storms and from erosion, and the applicant assumes 'the liability from such hazards; and (b) that the applicant unconditionally waives any claim of liability on the part of the Commission and agrees to indemnify and hold harrnless the Commission and its advisors relative to the Cdssion's approval of the project for any damage due to natural hazards., The document shall mn with the land, binding all successors and assigns, and shill be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. . IV. Findinas and Declarations. The Commission finds and declares as follows: ' s 1. Detailed Project Description. The applicant is proposing to develop this parcel as an accessory use to the existing Carlsbad Inn, located to the east across Ocean Street. The property is currently vacant except for a concrete beach access staiyy, which is proposed for retention. The existing stairs consist of five flights and five landings, proceeding westward from Ocean Street down the bluff and ending on the sandy beach. At the fifth (lowest) landing, the existing stairway splits and runs in two parallel flights to the sand. The southern flight will be removed and replaced with a landscaped area over that portion of the bluff. The remainder of the parcel will be developed with three sundecks and an enclosed area for the storage of beach equipment. The decks and storage area will have security gates and are intended for the exclusive use of the resort patrons of Carlsbad Inn. The stairway will be for use by those patrons and also for public access to the beach. .- - " ._ . .. . .. ,.F:-y t . ..( .<q ';. c; __ il 6-85-49 I42 Page 4 . 2. Public Access. Policy 7-2 of the Carlsbad Hello 11 certified Land use Plan specifies that all existing access points in Carlsbad be identified and appropriately signed. The stairway on this site predates the associated Carlsbad Inn, and has been in the past and continues to be used for access by the general public, as well as resort patrons; the City of Carlsbabl s approval of CUP-271 is conditioned to require that this stairway remain open and in good repair for public use. Although Policy 7-14 of the Carlsbad Mello If certified land use plan segment recommends that vertical accessways be a minimum of ten feet in width, this six-foot-wide stairway already exists. Additionally, this is a very narrow lot (ranging from 22 feet at its street end to =feet along the beach), and requiring dedicatzon of a full ten feet would leave the parcel virtually undevelopable. .. Special Condition 81 attached to- this staff report and recommendation requires . that this accessmy be formalized through an irrevocable offer to dedicate. Until that offer is accepted'by an appropriate agency, Special Condition #2 provides for the ongoing maintenance and signing of that existing stairway. Coisistent with these certified LCP policies and based on Section 30211 of the Act, issuance of this permit should not be construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. The Comission finds that, with these two conditions, the project will be consistent with Policy 7-2 and Policy 7-14 of the Land Use Plan. .7 6 Policy 7-3 of the HeBlo If certified Land Use Plan, again based on Section 30211 of the Coastal Act, provides for the protection and enhancement of lateral public access throughout Carlsbad, and suggests an offer to dedicate that portion of pride property located between the base of coastal bluffs and the sea as an appropriate mechanism to insure that access. Similar to the vertical access offer, this permit should not be construed by anyone to diminish any existing public rights.. Special Condition #3 is attached to achieve that purpose, and the Commission finds that, as conditioned, the project is also consistent with Policy 7-3 of the Land Use Plan.- . ., 3: Visual Imvacts. Policies 7-12 .and 7-13 of the'.Hello I1 Segment certified Land Use Plan address the protection of the coast's scenic amenities. Policy 7-12 requires the application of the "stringline" method for all development seaward of Ocean Street. This would not allow new development to encroach further seaward than development on the properties immediately adjacent to the ndrth and south, and is applied separately to enclosed structures and open decks/patios/etc. There exists on the parcel adjacent to the north an enclosed storage shed, located approximately as far westward on that parcel as the proposed enclosed area on the subject site. .However, there are no comparable enclosed structures on the neighboring property to the south, so a line drawn from the nearest corner of the shed to the north, to the nearest corner of the residence on the south (which is the farthest westward structure on that lot) would bisect the proposed equipment storage building. Furthennore, the most ..-. .: ,: , * .. @ 6-85& ;? . ;:.A Page 5 0 143 westward proposed deck encroaches farther seaward than any similar structures on either adjoining lot, although there are many comparable encroachments (i.e., decks/patios/gazebosl on other sites within the same block of oceanfront properties. It would appear that strict application of the stringline setback would require that the project be redesigned to remove all development that encroaches beyond this imaginary stringline. The requirements of Policy 7-13, however, tend to offset this requirement. That policy states that new development which would obstruct existing visual access along the overall Carlsbad shoreline not be permitted. At this location there currently exists an unobstructed view to the ocean from the public street (Ocean Street). As proposed, the development is stepped gradually down the bluff, with only minimal encroachment into that existing public view. If the development must be pulled back towards the street, the ocean view will be virtually elhinated. This situation is unavoidable due to the small size of this lot. With only 24 feet of width, and with the existing six-foot wide access stairway, the applicant is left with only 18 feet of developable area. This puts severe constraints upon the type of development that can be designed. In this particular case, the Conmission finds the project, as proposed for design, can be found consistent with the intent of these two. somewhat conflictingJanland use piansolicies. The three sundecks allow most of the existing view corridor to be retained, and the encroachment of a.portion of the enclosed structure and the,lowest deck beyond the-line is not considered significant from'a regional or statewide standpoint. Additionally, this is the only let of its size (width) in this area of Carlsbad, so it would not be necessary to similarly compromise the development stringline on.any other properties. Furthennore, the applicant is proposing to landscape the entire property, excepting the bluff itself.below the lowest deck. Therefore, the Commission does find the project ent with all land use plan essing the protection - of visual resources. 4. Local Coastal Program. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and county islands prior to specific statutory dates. me Commission's permit decision must be adequate to carry out the adcoa&gdson&Ko&nances as required by Section 30510.1, and is no longer based on Chapter 3 of the Coastal Act. This project raises the issue of the appropriateness of the proposed land use. The Comission-approved Land Use Plan designates this site for High Density Besidential development (JH3emtt Ss.3. A redesignation of that zoning to Open Space has been approve i? by both the Carlsbad Planning Commission and the City Council (2C-327). The matter is now before the Coastal Commission as Amendment 3-85 to the Hello I1 Segment Land Use Plan, and will be heard the same day as this permit item. A recomendation of approval on that amendment request has been drafted, and findings substantiating that recomendation are incorporated herein by reference. The requested zoning of Open Space would allow the type of development herein .. t . *I '. .. i:n7 5'.; .- 0 e !.:..;A /? q 6-85-492 0 144 Page 6 proposed, and, c~ns.ider~~~a~~o~th~~~w~~~a_eref erakle development alterniiG& Figh density identi$ now permitted. ThereT-o finds thadwroj ect, as conditioned to maintain and enhance public access to and along the shoreline, would be in conformance with the Carlsbad Hello 11 segment LCP, as amended. L .- J Additionally, since this is an ocean bluff development, a condition is attached requiring a deed restriction documenting the applicant's acknowledgement of the risks inherent in any such project, 'and releasing the Commission from all liability for any damages which might result from project implementation. The Commission has historically required such an assumption of risk on any project sited in a hazardous area (i.e., blufftop, oceanfront, floodplain). With this condition, the Commission finds the project in conformance with the intent of all policies in the Carlsbad LCP Mello I1 Segment, as mandated by special legislation. STANDARD CONDITIONS : 1. Notice of Receipt and AcknowledResnent. The permit is not valid and .. development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the tenas and conditions, is returned to the Commission . of €ice. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall'be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to tpe expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of'any .. condition will be resolved by the Executive Director or-the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction,'subject to 24-hour advance notice. 6. Assimment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. Doc. 5492R I APPLICATION NO. - 6-tis- Vfa loe**,ku A& @!E C;tKforda Coastal Cornmlasbn I - .*'? . ' .. .. .. - -. 7 *.".. " - A. 67 32-L UJ 1 * ._." ' - "11"~"~ I< c " --="-4-f, " 1- .I. 1 ..:' - . iQ \. \ .. . 0 01' 1- ~ -.n \ .. . . . -[\. _. ._-.,-. . . .: - ."' '.. .- -. .;- .. ., I1 . '._ .. -.. -I-.. ' _.a. .. ~ . - . 14 .: . . .- ...-.. I' .. "n ..- . .. -1:. .. - . ' _. 4q 0, .. .. . _. .\ .f . _. -. ,. . .. .. :;.": .I '! I) ,i .. .. - ocean atreet 46 +r- yy& .. I EXHIBIT NO. 2 APPLICATION NO. &Fr- 4/92 s;+P P/L a celilodn Constat Commloslon -.. t ’. . 8 Ud-l/c 5 * ”“ EXHIBIT NO. 4 V*+i Pa [ A Get ocnnn r4.r-t " ."_. ;:> @ - 0 2 H.7 {& . 4 %?a. .. .. .. ' .. ., ; :+,.:;- .. . .. f $-. - .. :1. . ...,... . .a .-I.. .. .. . - ... . . ... , _.. .. . .. '.I _. /!&ass .: .I Leww + .. ... .. .. . EXtilBlT NO. 4 APPLICATION NO. 6-rx~YP2 I iac C:ililornla Caartat Commhslon - .""_ .. 1 ..t"' ' . " * " "- "" " ." " EXHIBIT NO. @e Catifomfa Cwrtol cot a 2, 2 -$ @:7'9:(1)4 r: EXHIBIT D 7" I i. i 1 Recording Requested by and When Recorded Hail To: 6760 ".I .. . . . ..-.,...... .. .. ~ - .._e .- . - ..". %. " .. . "~ . .. , . . . -. .. ..~~. -. .. . -- .. . . . " . .. - . . .:.: - . .. " : . .. .. . . ..- 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 - rii: : d* t d , " . ;-. ", .-; "2 = <.:?;!z""..s -...-..- P%$."- .: . .. '-..I;..:; i ;;:::,-;-<LL;< 5 ".._" 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 155 9 /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. $7 ***********~*****ta*******~~~* 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 $ * p%+ fq-) w 5 4 i MG /" IRREVBCA3LE OFFER TO DEDICATION AFI D .1 DECLARATION OF RESTRICTIONS 6 THIS IRREVOCABLE OFFER AND DEDICATION OF P1IBLIC ACCESS EASEMENT AND 7 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 " 9 l (hereinafter referred to as "Granter"). I 10 kl 12 13 I 11 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 >.-dT*""p -,"" ___ ." _""" ..-. -~. _"_ +L ,,_..,._ x _.,___,I ~ -,... ".-i"--..--.".. _"_ t ___l.Ic_ "..."""._ ."__^_.- - " ~~-~-~.~~,~~~-~~~~~~,,~~~.~.~-~ ___ c-.-..-, -..-.~...~,..-.-- .. .-..--' 141 11. WHEREAS, a1 1 of the Propert,y is iocatcd wi-thin the coastal zone as 15 I 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 I; ti 1, 21 I // 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 23 I Coastal ZOflf.3 Of San Diego 24 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 i" {REV. 8.72) 11 ow OF CALIFORNIA I1 \.: 'I 0" 186 0 1 1 1 I 2 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 5 6 7 8 3 10 11 12 I I I i 1 i 13 11 I.4 11 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. 15 18 171 VI. WHEREAS, the subject property is a parce'i located between the first 18 I pub1 ic road and the shorei ine; and 1-9 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 25 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 7 CALIFORNIA j IREV. 8-72) - 2 h .-g ' .'if 1 ' : **il "i, 3 t' 0 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 " le> I I El 12 3.3 14 1% I - I_ _I__ - 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 I " - 1 reference, 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. 2 7 P CALIFORNJI, PAPER 3 ,REV 0.72, $QP 1 // I -3.. 3 ‘I I *. 11 I f 0 it!3 0 3. ADDITIONAL TERFIS, C9ND!TIONS, AND LIMITATIONS. - Prior to the 2 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 7 ! 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 13. 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 I - I 4 // 20 // 21 1 // 221 // 231 lJ 2.4 // 25 // 261 // I 2’7 /I r PAPER iiF CALIFORNIA t3 (REV. 6-72) ! Q5C B -4- 2 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 1 6 j Executed on this of ~ , at Carlsbad -. 'f 1 5 California. 8 1 9 Dated: Signed 1(3 // - L m Be Haml-in Type or Print l1 I1 Signed - 12 li 13 I/ T,ype or Print " 1-4 1' y_D NOTE TO NOTARY PUBLIC: If you 2t-e notarizing the signatuu.es of persons 15 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. 18 l_l _I. ' 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 21 22 - " , in the year Jsg;r 9 _1,1_.".. ~ I 23 i 24 1 personally known to me (Gr proved ta me on the basis of satisfactory ; wridence) to be the person(s) ~d-mse name is svbsc.i5ed :? :8::;5= ~GS~~~JY~G~~ 3 5 '. i .. ,. W' * 0 .. X 'I This is to certify that the Offer to Dedicate set forth above is 2! 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 '3: 5 No. h ->32? 1 on - and the Cal ifornia ' 8 1 Bated: officer. 7 Coastal Commission consents to recordation thereof by its duly authorized 9/ i 12 I 10 11 13 14 15 X6 1 E8 1 4 2o I 19 I I 2; 22 23 1 1 24 1 I 25 1 ,-,/. .'~ / /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~~~~~ c; / < * -77" a Notary Pub? ic, personal ly appeared a,t ,\y, ~.k/l--?~~ , personal ly - fl c, 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 /I I I/; TITLE ' and authorized representative of the California Coastal k6rnrnission and 1 acknowledged to ne that the California Coastal Comission executed it. I I i ,,' , ,? 1. ,, ~> I .$ Y- ' ,~ i ..! 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 26 1 27 >.%PER SALIPORNIA REV. 8.721 il li ...- ,_. -3 :*- .. '* I 1. 2 3 4: 5 6 7 8 9 1 0 11 12 13 La. 15 16 1- 7 18 19 20 21 22 23 24 25 26 27 28 v* 67 '!. 0 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: ""- -I___ 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 // // // // // // // // I lv 1 ! ! I.;xtlki' : 3.- ri *, . . .i Yi..lc?c r4;Jy 9, asc3 '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 / li I <I J- 1,'. 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 I_ - 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. , .. \r - .... . - ~ ~~~ ~~ ~ ~ ~ ~ -~ - PRELIMXNARY STAFF" RECOWNDATION " 2 .Staff recommends that the Conmission adopt the following resolut.iun, X. Approval witP, Ccnditions. EX^! i 15 ! 'f' i3 x- W"Cy I.9 ,. i*l*: :.:* . /'f /< fi.' ' '. , Pi\g<> 2 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, .. 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 ' /'" . ., T'ilyc 3 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 " ""-. I","'""r.. .j."., .I .I ~. ,\ ' ." Bp # .,' ' iJ - kj 3 - 8 1 I ,i I'aI-lcJ 4 4 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 ?. i @Y ,,+" ,p ' ,/' .,x ,,r~ *:, I. . .a,<- df' .-+ . .?,'/ 36 0- 7 G G"3-81 Prqe 5 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 :"w?msumm"","% , I ""Tz*hl *Ur""* - $$F ' ~ P7 I *../ * :~/ ,/! .. L. -ab 8 6-U3-iJ1 I'arje fi , ./' /'' . . ,:,' 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 /' -.',<x. yy_ 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. -x"-"- ,>.....' ,."*' , .,. ..+ *a' ~ ,,'f*i' & j .si' , ' A,;'' ,,"' . . ., .I +% 6-83--81. 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^ '"" .,"' 0 '. .A 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. )I .\, .... , . .. 1 -. . ." - . . ,. - . I, . ... .. " ., , #@ 12 $0 2) Q :* y.. , P . *f . -.A+-* 6-83-81 fl ,A - AppIPCLikiOn NQe- . 0. ,&4 ' -. ; STANDARD CONDITIONS 8 "- I. #, .I ...* ~ . .'. 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. L 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. __II. .... , .. . -. .. .- a ,. * -. .. .. .- ,* r *i * e. .*. s7~+%?&k5kwG nii r * ,/ 7," 0 #'*?' {.!Jfi&fd'f $7' #Y.CJ i'"' {Pb.%Y.''ZY7/ .., p c ?i*", 1&7 (Ca'C t'E9 MAP /782~ &$ .. .. xvY3@" /C.O~5SPM0=r . i vi$ @' $:,93 Jr /2.934/> <\.e $ & >: $4 :;. . . k';; 3 Y .;c, \' 31 ,\ :c/ T a i s i I 2 %>~4h:hId& C?J.l'akA\ CaZtvfi ""-.I ..B(Iu i' .II ;;I .. , . i ." + . I5.rC+iO&-) A; j j ;*. !!!' ,' !.,:,;I' ,I; ,I ,.. ;I:; : '_ . ,, i.; .. ,, : %jjy, g fig .. .. "w-w-MY-.--*...,.*"-... .".,_ ! &4%kQ e L + ,’ c ,. ? . 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 ”’ 7, 1 - -r 7% - -. ,.,?.A L 2 i ?L’ c 586,EA * @ 8 9 0 7 3':2;01) EXHIBIT F *%, .... Recording Requested by and .... .."" . ". ...._" . ". . .- - ...... When Recorded Mail To: ... .. I .. ~ . " ....... ..... J : I ." -. ... . . I. .. - ., > ..... City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 0761 e>% -"": : - <-?-; d..' -7 f - L2 7z : 3 fi;, E:; 5: f 3 . .- ..... I. - _. - . 'i: ,-. i . -. .--- ".. -, " . .,~r."-::-.-". - - ".."." ~ i _<.-..e. ..... ....'.> >-<\ a i .i .f : -." _j .. - .. .. .. .. CERTIFICATE OF ACCEPTANCE NOF This is to certify that the ci tv of Car1sbs.d hereby accepts the Offer to Dedicate for Permit No. 6-87-36 Executed by: Pat L. Mellgren, Sally Mellgren, Florence L. Mellgren and Leonard Mellgren on March 15 , 1987_ and recorded on March 24, 1987 As Instrument No. 87-153158 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 ..... - STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) On February 9, 1989 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz 9 15s /xy/ 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 corporati on/agency executed it. *******~*******~~x~~~*~~~*~~***~ OF!'ICIAL SEAL . z KAREN R. XCiNDTZ $ SAN CiEGO COCiNTY * **8*7**~***6**~.~:~*:~~~~~~~*~*~*~ NOTARY PU2LIC"CALiFORNiA g * My Comm Exp. Sept. 27, 1989 $ -e, Cou y and State /n /, ,./ i Bb 1 dl' ' /j .' ! Recordi I *: ng Requested bed Wken Recorded, Hail To: e California Coastal Comnission OHE Wl~ldAt Of THIS bocUMW WAS nm>RDa '' 631 Howard Street, 4th Floor & 3 ~_~~B$ILE/W~; NO. -63 - /53/58 San Francisco, California 94105 0 VERA L LYLE, COUNTY RECORDER -"T. -. ..+. Attention: Legal Department 3 4 IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND 6 5x 7 DECLARATION OF RESTRICTIONS (her 8 of ,March , 1987 , by * I PJrence L, 9 10 'I ' property located in the County of -. State of 12 13 14 15 16 17 18 19 20 21 22 (hereinafter referred to as '6rantoP). I. WHEREAS, Grantor is the legal ouner sf a fee interest of certain real California, and described in the attached Exhibit A (hereinafter referred to as the "Property") ; and 11. WHEREAS, all of the 'Property is located withfn the coastal zone as de~fined in Sectiin 30103 of the California-Public Resources Code (which code is hereinafter refenred to as the 'Public Resources Code"); and 111. WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as the *Act") creates the California Coastal Comnission, (hereinafter referred to as the *Commission') and requires that any coastal development permit - approved by the Comnission must be consistent with the policies of the Act set forth in Chapter 3 of Division 20 of the Public Resources Code; and IV. WHEREAS, pursuant to the Act, Grantor applied to the Ca1iforni.a Coastal * 23 24 25 26 27 'APER uLwoawa tan. m.72) I Comnission for a permit to undertake development as defined in-the Act within 1 ,I the Coastal zone of "Permi tu) ; and ,i' / V. WHEREAS, a coastal development permit (Permit No. 1 ~~ ... . ". z ...: r. ___ -1 .- I Ban Die&$'? County (hereinafter the LC II ” .X’ , .. , 0 e /- /1 attached hereto as Exhibit B and hereby incorporated by reference, subject to 3 accordance with the provision of the Staff Recomnendation and Findings, 2 was gragted on February *7 , 19 87 9 by the Comnission in 4 5 6 7 8 9 10 11 12 13 14 7 I the following condition: , 3, b Prior to transmittal of the coastal. development permit, t cute and record a document, in l a form and content acceptable to the Executive Director, irrevocably offering to dedicate to the City of Carlsbad or other public agency approved by the Executive Director, an easement for lateral public access and passive recreational use along the lagoon shoreline. The document shall provide that the offer of dedication shaK not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. Such easement shall be 25 feet in width, running the entire width of that portion of the property fronting Agua Bedionda Lagoon and shall be aligned in the general vicinity of the existing foot path along the lagoon, as shown on Exhibit #3 of the staff report. The document shall be recorded free of prior liens and encumbrances which the Executive Director determines nay affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The recording document shall includellegal descriptions of both the applicant’s entire parcel(s) and the restricted easement area and shall be in a form and content acceptable to the ,Executive Director. I 15 T 16 * 17 VI- WHEREAS, the subject property is a parcel located between the first 18 Section 30108.15 and that therefore in the .absence of such a condition, a permit 27 Act of 1976 and the Local Coastal Program as defined in Publ.ic Resources Code 26 public access policies of Section 30210 through 30212 of the California Coastal 25 condition, the proposed development-could not be. found consistent with the 24 VIII. UHERE‘AS, the- Comni.ssion found that -but.for the imposition of _the above 23 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 the shoreline and along 20 VII. WHEREAS, under the policies of Sections 30210 through 30212 of the 19 pub1 ic road and the shore1 ine; and . T f could not have been granted; iPfR LLIlOlMlA REV. S-72 I - ". __ _" . - """ ...- ." .. - ... e 0 WHE:REAS, it is intended that this Offer is Irrevocable and shall constitUte enforceable restrictions within the meaning of Artlcle XIII, Sectiol 8 of the California Constitution and that said Offer, when accepted, shall F 4 5 California Revenue. and Taxation Code, Section 402.1; thereby qualffy BS an enforceable restriction .under the provision of the 6 NOW THEREFORE, in consideration of the granttng of Permit -7 No. 6-87-36 - to Grantor by the Commission, the owner(s) hereby offer(s) to 8 dedicate to 'the People of California an easement in perpetuity for the purpose 9 of lateral public access and passive recreational use along the lagoon 10 shoreline " 11 12 13 14 I ~ ~~ ~ ~ ~~~" located on the subject property 25 feet in width, runniB3 the entire Width of that portion of the property fronting.Agua Hedionda Lagoon and aligned in the general vicinity of the existing foot path along the lagoon and as specifically set forth by attached Exhibit C hereby Incorporated by I 15 reference. 1 16 ' and shall be effective limitations on the use of the Property from the date of 19 imposed shall be deemed to be covenants and restrictions running with the land 18 Property and ali oblfgations, terms, conditions, and restrictions hereby 17 1. BENEFIT AND BURDEN. This Offer shall run with and burden the assigns. Thio Offer shall benefit the State of California. 21 recordation of this document and shall blnd the Grantor and all successors anc 20 ,- 22 2. !DECLARATION OF RESTRICTIONS. This offer of dedication shall no1 t 23 interfere with any. r.fghts of publlc access acquired through use which may exi! 24 ,be used or constqued to allow anyone, prior to acceptance of the offer, to on the Property. . -3- f W ULIIDRNII RT PAPER 113 (REV. a-721 0.c dI * e 1DITIONAL TERMS. CONDITIONS. AND LIMITATIONS. Prior to the openfng of the accessway, the Grantee, in consultation with the Grantor, may record additional reasonable terms, conditions, and limitations on the use of the subject property in order to assure that this Offer for public access 4s 4. CONSTRUCTION OF VALIDITY. If any provisfon of these restrictions s held to be invalid or for any reason becomes unenforceable, no other rovision shall be thereby affected or impaired. 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, xceptions, obligations, and reservations contained in this Offer shall be indlng upon and inure to the benefft of the successors and assigns.of both the rantor and the Grantee, whether voluntary .or involuntary. TERN. This irrevocable offer of 'dedication shall be binding for a eriod of 21 years starting from the date of recordation. Upon recordation of n acceptance of this Offer by the 6rantee, this Offer and terms, conditions, nd restrictions shall have the effect of a grant of access easement in gross nd perpetuity that shall run with the land and be binding on the parties, eirs, assigns, and successors. The People of the State of California shall ccept this offer through the local government in whose jurisdiction the ubject property lies, or through a public agency or a private association cceptable to the Executive Director of,. the Comnission or its successor in - .- 'r .. . * 24 // 27 // 26 // 25 // LR N. a.71) 11011)lA -4- _" -. - . . . . " " . .-, . ___. ---, _." "_ ~". ... . .- . e e Acceptance of the Offer js subject to a covenant uhich runs wfth the land, providing that arty offeree to accept the easement may not abandon it but ead offer the easement to other public agencies or private ons acceptable to the Executlve Director of the Comnission for the of the term of the original Offer to Dedicate, dl Executed on this 13 day of March , at Carlsbad 7 II , Calffornia, 8 9 10 11 12 13 SIGNED @& $. OWNER PAT L- /%e CL G&IJ Y' It;oruA* ?flkJLpFiA? TYPE OR PRINT Signed A%. rv&, )$&GaL l9 &/x S4u-y A€LLciRCc, Type or Print Signed &- gf&go j=u?KEIVcF L rna.GRGC 14 17 on behalf of a corppration, partnership, trust, etc., please use the correct 16 NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons signing 15 Type or Print acknowledged that he/she/they executed it, 25 to be the person( s) whose name is subscribed to thts instrument, and 24 personally known to'me (or proved to me on the basis of satisfactory evidence) 23 appeared r ? 22 before me '. a Notary Public, personally 21 On thfs day of , in the year I 20 County of ) . I 19 State of Calffornia. 1 18 notary acknowledgment form as explained in your Notary Public Law Book. .. 27 26 I .NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY -5- PER LICOIIIIA WV. &721 0 0 Acceptance of the Offer JS subject to a covenant which runs with the 2 3 4 5 6 7 8 9 10 11 12 13 land, providing that any offeree to accept the easement may not abandon It but must instead offer the easement to other public agencies or private associations acceptable to the Executive Director of the Comnission for the duration of the term of the original Offer to Dedicate. Executed on this l3 day of March , at Carlsbad , California. SIGNED @&63. Ni!! Signed d.)h. rv&&, )$&?&~d OWNER 1 P47- L- ME LL G&f& &A- 3.uy A&ELL+RaJ Type or Print Signed db $&YO FLOKElVCr L* rM SUGR EN 14 Type or Print 15 notary acknowledgment form as explained in your Notary Public law Book. 17 on behalf of a corporation, partnership, trust, etc., please use the correct 16 NOTE TO NOTARY PUdLIC: If you are notarizing the signatures of persons signing 4T. NO. NN00627 > 1944 CA (9-84) Idividual) a TlCOR TITLE tNSURANC€, STATE OF CALIFORNIA COUNTY OF ,qan ~ie~o 1 =* I I ! .. ! -9 On Mwch 13 3987 before me. the undersigned, a Notary Public in and for i said State, personally appeared _PAT T,- ME-N AND FWE f. - rm-7 I proved to me on the basis of satisfactory evidence to be I the person% whose nam6E subscribed to the kidence) within instrument and acknowledged that THEYext i I 1 +- i mi 8rc8 for official notvirl uil) I1 -5- I :R PDWOIA #. '-721 I /.. .".. -.",wi:*i,~, 0 e A> c. Acceptance of the Offer js subject to a covenant which runs with the 2 Executed on this l3 day of March , at Carlsbad 6 duration of the term of the original Offer to Dedicate. 5 associations acceptable to the Executive Director of the Comnission for the 4 must instead offer the easement to other public agencies or private 3 land, providing that any offeree to accept the easement may not abandon It but 71 , Callfornia. 8 9 SIGNED @& 8. @$! h 121. rT&, )WGqL+J OWNER 4 P47- L- MELL G&&/ 10 TYPE OR PRINT &&- sw-y ALzLLqR.5v .. J A! II . SIGNED ,+&/ 12 TYPE OR PRINT 13 ' LamAm Signed Type or Print d-$Afloe FLOEEWF L YM&uGf? EN 14 notary acknowledgment fonn as explained in your Notary Public taw Book. 17 on behalf of a corporation, partnership, trust, etc., please use the correct 16 NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons signing 15 Type or Print T 9T. NO. NN-27 I , 1~~ "=. A. .~e-~.~ ndividual) m TICOR TITLE INSURANCE i I * " STATE OF CALIFORNIA j ". .". . 2- --- ".. """ . - " L, -" . - "". iT. NO. NN-27 B W44 CA (9-84) m TICOR TITLE INSURANCE Idividual) .I STATE OF CALIFORNIA COUNTY OF Can n<Pmn * ',) ss. d 1 bidence) On Marph 16 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared .LEONARL)P.JaLGREN , personally known to me or proved to me on the basis of satisfactory evidence to be the person, whose name T S subscribed to the within instrument and acknowledged that HF: exe- cuted the same. - I ! 1 i I V I (Thii arcs for offkid now epl) I This is to certify that the Offer to Dedlcate set forth above is hereby acknowledged by the undersigned officer on .behalf of the California Coastal Comnission pursuant to the action of the Conmission when it granted on February 27, 1987 24.M$+ California Coastal Comnission OF California 1 12 ICOUNTY OF San Francisco 1 13 14 15 16 17 18 19 20 21 22 I On 3 198? , before me & , a Notary Pub1 ic, personally appeared %&&QR , personally known to 3 me to be (or proved to me on the basis of satisfactory evidence) to be the person whT6 executed this instrumen't as the& and authorized representative of the California Coastal Comnission and acknowledged to me that the California Coastal Conmission executed it, LIC IN At40 F I .. 23 II t 24 25 26 27 'fR .IVORWIA CY. .-'IO> -6- I - . .. e 0 EXHIBIT "A" Portions of Lot 2 and Lot 3 in Block A of'Bella Vista in the City of Carlsbad, County of San Diego, State of California,. according to map thereof No. 2152. * Y .v r 9 ".+ :?!z-r',:.,.<+*? .. . ', , _... ". . .:- i,...' ,j.FF;.?;?:,g .: . . - . ,.*:,:q$: +., .*. vx @ 0 " ':;,&;.. :;$$ California . .. California Coastal Commission San Diego District . .. ?*RANDUM - DATE: February 20, 1986 Commissioners and Interested Parties I San Diego District Staff FILE NO: 6-87-36 CT: Modification to Special Condition #3 of the Staff Report a1 Condition #3 of the staff report for application #6-87-36 ent Calendar) requires the KeCOKdatiOn of an easement for , ses of securing public access along the shoreline of Aqua nda Lagoon. The special 'condition is accompanied by an it (#3) which shows the area of the property where the ent restriction is to be' applied. Howsever, after review, it een discovered that the language of the special c'ondition and orresponding exhibit do not accurately reflect the area where basement should be applied pursuant to the policies of the cable certified Local Coastal Program segment, ast sentence of the first paragraph of Special Condition %3 d therefore be reviped to read: uch easement shall be 25 feet in width,, running the ntire width of that portion of the property fronting gua Hedionda Lagoon and shall be aligned in the general icinity of the existing foot path along 'the lagoon, as hown on Exhibit #3 of the staff report.': !orresponding exhibit should also' be revised .as. shown on the hed, replacement, exhibit. .. - .. M) .( t i - .. .. .. . .- .. .. .. (@J OQ . . .. f(locl;C;.cPf;on t cond;+;ofls '. .&87~36 ~~ ~ ~~~~ ~ ~~ -~~ ..... ... ... - ...... .. . - .*., . ;:- - -* ... . . .. ....... ..-)..*.. .L. .:; ._(. .. ** . :.. ..... , . . *. _. .. 3 p& *.-a. 49th Day: 3/9/87 'Gi.. . 180th Day: 7/19/87 ..- 0 GEORGE DEUKMEJIAN. Gemor a - P. .. . *,*$&+ ' Staff : AB-SD &*;* 90 Hearing Date: 2/24-27/87 f\* QG Staff Report: 1 /26/87 pi?@ STAFF REPORT: CONSENT CALENDAR : eg -. ,pplication No.: ,pplicant: Leonard, Pat, Florence and Sally Hellgren escription: Four lot subdivision of a vacant 1.16 acre site. Three of the lots would be roughly 13,000 sq. ft. in size (net) with a fourth (undevelopable) lot proposed as a common driveway access. Rough grading and utility extensions on the site are also proposed. Lot Area 1.16 acres Zoning . R-1 Plan Designation Residential Low Medium-0-4 du/ac Project Density 2.9 du/ac i te: .West' of the intersection of San Diego County. APN 206- ubstanti ve Fi 1 e Documents : Certified Agua Hedionda Land Use Plan 8 Carlsbad Hinor' Subdivision #736 . Carlsbad Planned Unit Development #lo1 TAFF RECOMMENDATION: .. 'he staff, recommends the Commission a'dopt the following resolution: . ADDroval with Conditions. w The Commis.sion hereby grants a permit for the proposed development, ubject to the conditions below, on the grounds that the development will be n conformity with the provisions of Chapter 3 of 'the California Coastal Act' If 1976, will not prejudice the ability of-the local government having urisdiction over the area to pr pare a Local Coastal Program conforming to .he provisions of Chapter 3 of t x e Coastal Act,,and will not have any ignificant adverse .imp&ts on the environment within the meaning of the 'alifornia Environmental Quality Act. . .- . .. .. .. 3 I. Standard Conditions. ~ COMMISSION ACTION ON FEE. 2 8 WE; $Approved as Recommended See attached page. j.~.'Special Conditions. 0 Denied as Recommended The permit is subject to the following 'conditionsa Approved with Changes 0 Denied 0 Other .. 6-87-36 e Page 2 . This permit is valid only for the following (a) Subdivision of the site, (b) Rough grading of the site and construction and installation of erosion and drainage control measures, (c) Improvements to the adjacent roadway (Hoover Street), and (d) Installation of utility extensions to and on the site. Any other development proposed for the site, including the construction of single family residences, shall be subject to review under separate coastal development permits. In addition, future construction on the site shall be sited and designed to assure that no portion of any proposed structures exceed the height of Adams Street at its closest point to such structures. . '2. Erosion, Sedimentation Control Plan. Prior to the transmittal of a coastal development permit for this project, the applicant shall submit a runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in'peak runoff rate from the developed site over runoff from the natural site, as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desilting basins. Energy dissipating measures at the'terminus of any proposed outflow drai,ns shall be constrpcted. The plan shall further stipulate that no grading activities shall be allowed during the rainy season defined as the period of October 1st to March 31st of.each year and that all disturbed areas will be replanted immediately Following grading and prior to the onset of the rainy season. 'The plan, including supporting calculations, shall be subject to the review and written approval of the Executive Director. I 3. Lateral Public Access. Prior to transmittal of the coastal develop- ment permit, the landowner shall execute and record a document, in a form and content acceptable to.the Executive Director, irrevocably offering to dedicate .. to the City of Carlsbad or other public agency approved' by the Executive Director, an easement for lateral public access and passive recreational use . along the the lagoon shoreline. The document'sh'all provide that the offer of dedication shall not be used or construed t$.allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property Such easement. shall be located along the (approximately 50 feet) extending from the mean high tide line to a line 1. day to day), and as generally indicated on Exhibit #3 of,the staff report. .The document shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conv'eyed. The 'offer shall run with the land in favor of the People of the State of ' , ~ .. ., entire width of the property which !f ronts Agua Hedionda Lagoon shoreline '-35-feet upland of the daily high water line.:(understood to be ambulatory from I. i y M \ .. w . - " .. . . - . - __ - @E$q.-,::+.-y- ~ ',. % -5 ,>:. F"".' :.. ' . . I- .*. . .. . ._ . , i' .L .% I: .: 2 .. .- e 6-87-36 Page 3 .. California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted easement area and shall be in a form and content acceptable to the Executive Director. 4. Public Access Improvements. Prior to the transmittal of the coastal development permit, the applicant shall submit a plan for the provision of public access improvements along that portion of the property adjacent to Agua Hedionda Lagoon and subject to the recordation of a public access easement pursuant to special condition #3 of the permit. The plan shall provide for an improved path of a minimum of ten (10)-feet in width and suitable for use by pedestrians and bicyclists. The applicant shall be responsible for implementation of the plan unless responsibility for construction of the access path is assumed by the City of Carlsbad or other appropriate agency. Said access path improvement plans shall be subject to the review and written approval of the.City of Carlsbad and the Executive Director. IV. Findings and Declarations. The Commission finds and declares as follows: 1. Project Description. The applicant proposes the subdivision of a vacant parcel in Carlsbad which is just over an acre in size. 'Three parcels of roughly 13,000 sq ft, each (net) would be created, along with a fourth parcel of 3,000 sq. ft. which will provide access to proposed parcels # 2 and 3 (refer to Exhibit #2). Also proposed is the rough grading of the site involving some 4,500 CUMC yards of grading. The majority of the grading involves fill being imported from an adjacent site where grading and fill export has been approved by the Commission (6-86-407). Also proposed is the improvement of Hoover Street from the north where it intersects Adams Street, and the extension of basic utilities to and on the site. The site is located west of Adam Street and-north of Hoover Street on the - north shore of Agua Hedionda Lagoon in Carlsbad. The property is separated from the lagoon by an adjacent property to the west, save for an approximately 50-fOOt wide leg of proposed parcel #3 which does extend to the lagoon shore. The site slopes gently to the west, towards the lagoon. The applicant has received from the City of Carlsbad,.approyal for the Minor Subdivision (#760) and a Planned Unit Development permit. 2. Scenic Preservation. Because Agua Hedionda Lagoon and the viewshed . surrounding the lagoon is both an environmentally sensitive area and major recreational resource, it was the subject of a detailed LCP Land Use Plan prepared by the City and certified by the Coastal Commission. The Agua .Hedionda Land Use Plan Segment is not part of the Commission prepared Hello I or Hello I1 LCP segment; rather, it was a segment prepared by the City in the typical LCP process. ” 6-87-36 Page 4 In response to Section 30251 of the Coastal Act, one of the issues addressed in the Land Use Plan was the preservation of views from Adams Street. This street is a designated scenic corridor which runs along the north shore of the lagoon. The policies of the LUP require that development of the lots which lie between Adams Street and Agua Hedionda Lagoon be designed so as to preserve the views from Adams Street. The policies call for the view preservation to occur through either: (a) the siting of structures at elevations below that of Adam Street adjacent to the property or (b) the preservation of one third of the width of the parcel as a “view corridor”. The preferred method for preserving such views lies in the siting of all (portions of) structures on a site at an elevation which is below that of the elevation of the adjacent scenic roadway. This would allow passers-by to see over the structure(s) to the lagoon and surrounding areas. No residential construction is proposed at this time. However, the property is situated at an elevation well below that of Adams St., which will allow for future development to be sighted so as to conform with the view preservation policies of the LCP. The City of Carlsbad’s approval of the subdivision includes a specific condition which requires that such future development be constructed so as to be below the level of Adams Street. An advisory condition, regarding the maximum height for future structures on any of the three buildable lots has been attacheil as Special Condition #l of this permit. The special condition also serves to advise the applicant of the need for future permits for subsequent development of the site. As conditioned, the Commission finds the project consistent with Section 30251 of the Coastal Act and the applicable policies of the Agua Hedionda Land Use Plan regarding scenic preservation. 3. Gradinq/Erosion and Sedimentation. Section 30240 of ‘the Coastal Act calls for the protection of sensitive habitat by, among other means, regulation of development in adjacent areas. The applicant proposes to subdivide and rough grade a one-acre+ parcel, located along the north’ shore of Agua Hedionda Lagoon. Agua Hedionda Lagoon has been identified by the State Department of Fish and Game as one of the 19 highest priority wetland areas for acquisition and, as such, is referenced in Section 30233(c) of the Coastal Act. The adverse impacts of development most often associated with wetland areas are erosion of soils within the watershed and subsequent sediment transport to the wetlands. r The site does not contafn slopes in exceis of 25% grade. However,. the proposal -do.es involve roughly 4,500 cubic yards of grading. In order-to ,protect the downstream resources of the lagoon from the potential of erosion and sedimentation, Special Condition #2 has been attached to the permit, The special condition requires the applicant to submit a drainage, erosion and ,sedimentation control plan for the project. The plan shall include measures to control runoff from the site and shall limit a11 grading activity to the non-rainy season. These requirements are consistent with the certified Agua .. i i i 1 I I . .. . ,e 6-37-36 Page 5 ntains detailed grading provisions. The plan shall be and written approval of the Executive Director. As ission finds the project consistent with Section 30240 of 3* Publfc Access. - Section 30212 of the Coastal Act states in part.: and a1on9 the toast shall be provided in new development projects except where: (a) publlt access from the nearest public roadway to the shoreline (1) ft 3s tnconsistent with public safety, military security needs, Or the Protection of fragile coastal resources, [or] (2) adequirte access exists nearby. ... Pursuant to ;this settion of the Act, the certified Agua Hedionda Land Use Plan contains a detailed set of public access policies. Policy #7.6 states, in part ; Policy 7.6 Access to and along the north shore of the lagoon shall be made continuous , to $.he maximum extent feasible, and shall be provided as a condition of dette1opment for all shoref ront properties. All accessways sha31 be designed in such a manner as to allow for reasonable use by any member Of the general public, and shall be designed to accommodate bicycle as well as pedextria< use.. ., The policies of the $-and use Plan go on to define the required width of such accessways (25-feet $n most cases) and requirements for development in proximity to ,the are+ where access is provided. The project site is 2ocated between Agua Hedionda Lagoon (coastal Waters) and Adams Street, the deh$gnated first coastal roadway in the area. The.northern portion Of the site c'ontains roughly 50 feet 07 actual shoreline frontage. Another parcel, In S+parate ownership, lies between the remainder of the Site the lagoon. At present* Infowl vertical access is available from the existing terminus subject proposal t HO+.vep Street will be extended to the west, closer to the 1agoon-than its curr+nt terminus. Ultimate development of the property to .the west .Of the sub3ect Syte will trigger the need to formalize vertical aCCeSS .. between the street'S end and the shoreline. The Commission finds that . adequate verticaj ilCC*ss is available in the general vicinity of the Site. The Cornmission is COwerned, however, at this point, in formaliting lateral public access rights +long the lagoon shore for the portion of the subject site which does front the lagoon. At present a dirt pathway exists along the 1 of Hoover Street dowt. a dirt path, west, to the shore1 ine. As part of the I. )I "-. I, . . . . . . . . - ._ "". -._ " . "" ._ - . .._."""._ . -..... -. 0 0 6-87-36 Page 6 agoon shore which has been consistently used by the public. Again, Policy #7.6 of the LUP calls for this accessway to be provided, with improvements. Special Conditions #3 and 4 of the permit reflect this policy. Special Condition #3 requires the applicant to record, in a form acceptable to the Executive Director, an offer to dedicate a public access easement over the area of the property located adjacent to the mean high tide line of the lagoon as shown on Exhibit #3. Special Condition #4 requires the applicant to submit a plan for the PrbVifjon of public access improvements. As mentioned, the up requires not only the provision of a public access easement but also improvement of the easement area to accommodate pedestrians and bicycle traffic. Such improvements are to be ten feet in width and of a surface suitable for pedestrian and bicycle use (asphalt, concrete or fine decomposed granite.) The condition requires Executive Director review and approval of the plan and approval by the City, to ensure that access paths along the north shore of the lagoon are compatible and do not present a hazard to the resources of the area. Because much of the north shore of the lagoon is undeveloped, the majority of the public access path called for in the Land Use Plan has yet to be constructed. The special condition recognizes that either the City of Carlsbad or other appropriate agency may assume responsibility for provision of the improvements necessary to provide access along the lagoon's north shore. However, the condition places the responsibility for provision of such improvements on the applicant until another agency commits to providing the improvements. * The Commission has found thle requirement of public, access easements and improvements to be the onty manner to assure the availability of public access consistent with the Chapter 3 policies of the Coastal Act. With the special conditions attached, the Cornmission finds the project consis'tent with the public access policies of both the Coastal Act and the Agua Hedionda Land Use Plan. * 5. Local Coastal Planning. Section 30604' (a) requires that a coastal development permit shall be issued only if the Cornmission finds that the permitted development will not prejudice the ability of the local government to prepare a Local Coastal Program (LCP) in conformity with the provisions of Chapter 3 of the Coastal Act. The Agua Hedionda Land UFe Plan (LOP) designates the site for residential development at a maximum density of 4 du/ac. The project, with a proposed density of 2.9 du/ac, is consistent with that designation. As conditioned, the project is also consistent with the policies of the Agua Hedionda Land Use Plan regarding scenic resources, wetlands preservation and the provision of public access, and should not prejudice the ability of the City of Carlsbad to prepare a tully certifiable Local Coastal Program. ,. . .. ._ , . .- . .. -.,- _:__. - , <\,. . -. ,.. e .. , . .. .. 0 6-87 -36 -P". > '. : .. .- . .. *. Page 7 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledqement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Cornmission office, 2. Expiration. 'If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission .approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved'by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files wiith the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditihs Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subj.ect property to the terms and conditions. (7036R) * r I . r :- . a e m,om* CorrtJ1~.kl . -. . .. .-. .. '< 5 . . . ' .* .: .. . I _1 6 1. . .. .: . v ' , .* ' - -7 .. . .. -. -. - .e - -c - 6 EXHIBIT C - 1 -. . . .:: - . ~. " -, . -.. . . " e -. " ~ ,.,.. +. .. : . A 25 foot wide easement for public pedestrian access the North- easterly line of which is described as follows: Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152; thence North- easterly along the Westerly line of said Lot 3, a distance of 40.52 feet to the intersection of the Northeasterly line of an easement for sewer purposes granted to the City of Carlsbad, and recorded on March 5, 1964 as File No. 41714, this point being the TRUE POINT of BEGINING; thence Southeasterly along said Northeasterly line of the City. of Carlsbad sewer easement 51.25 feet40 apoint on the Easterly line of the property described in Grant Deed to Leonard P. Mellgren, G. M. Sally Mellgren, Pat L. Mellgren and Florence L. Mellgren, recorded December 5, 1985 as File No. 850457626, said point being Northeasterly along said Easterly line a distance of 57.62 feet from the most Southerly Corner of said property. Beginning at the most Westerly Corner of Lot 3, Block A of 1 5 * r 1 N€T 13,647s~ 8' 0.3/3 A C. I4 " @ CHIGO TITLE INSURANC b- OMFk? PRELIMINARY REPOR >?, il .*. i' SAFECO TITLE INSURANCE COMPANY bMwDEI) PRJZIMII?ARY SUBDIVXSIOH REPORT Subdivision: CITY OF CARLSBAD TM NOS. 730 & 736 Order No. S-677790 Dated: March 25, 1987 as of 7:30 a.m. For the benefit of the County of San Diego, and City within which the subdivision is located, the Subdivider and the Subdivider's Registered Civil Engineer or Licensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received on December 3, 1986, by SAFECO Title Insurance Company, herein called the Company, discloses that, at the date hereof, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the map of said subdivision fo be filed with the County Recorder of said County are set forth in Schedule A. T This report is furnished as an accommodation, for the sole purpose of pre- liminary planning and facilitating the compliance with requirements necessary for the issuance of the Subdivision Guarantee. It is understood that the Company's liability is solely that expressed in such Guarantee, and that no liability separate from or other than the Company's liability under said - Guarantee is assumed by this Report, except that .if no Guarantee is issued under this Order the amount paid for this Report shall be the maximumr-2.z.! liability of the Company. 2 E /2*<: :. . .. -.. J;i xiss . __ .~,.~,"~.. ._. . ... ."._ ..._ . .." . .-.- -. - -.. .., . -. .,.. . .. I .?. 1 H '.' . . .._ ' E -I#%"NCE COMm 'I SAFEC T bJ&$?...jea p.- t'.[ L/ 6 ,J 2:- J' x-/ ,x r: :%"x .>c Le;, ,.? - :;., f i -gt- L ' -1 .r ".". c 3 ,- . :b .? A - "Titlf ,. "lF Y P -- .- - - ? Officer ... d< B -m* ". ._.. . .-I"__ . .8 ~.. i-.. -. ." ""._ ..~ , 0 -e- - -*:z .- - . . ? t .. >..-.:- . SAFECO TITLE INSURANCE COMPANY PBBLTFfIRdgp SWDIVISIOH REPORT - SCHEDULE A Subdivision: CITY OF CARLSBAD TM NOS. 730 & 736 Order No. S-677790 Dated: March 25, 1987 as of 7:30 a.m. The map hereinbefore referred to is a proposed subdivision of: SEE DESCRIPTION ATTACHED The parties hereinbefore referred to are: VESTING: BROOK D. OLSEN and KATFILEEN E .e OLSEN, husband and wife, as joint tenants, as to Parcel A; LEONARD P. MELLGREN, a single man, and G. M . SALLY MELLGREN , a single woman, ana PAT L. MELLGREN and FLORGNCE L. MELLGREN, husband and wife, all, as joint tenants, as to Parcel B T EXCEPTIONS: + THE POLLOwIlpG ITEMS AFFECT PARCEL A: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for 'the fiscal year 1986-1987. 1st Installment: ' $948.21 Paid 2nd Ins t a 1 lment : 948.21 Open Homeowners Exemption: None Code Area: Assessment No: 09000 206-171-01 2. The 'Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. ** 0 - 4 3. The recital contained in the her's Certificate on said Map, which agrees to allow the cross-arms of poles or other similar structures placed along the right of way of certain highways on said Map to overhang the abutting propertye 4. The recital contained in the Owner's Certificate on said Map, conveying and relinquishing complete jurisdiction and control over any and all pipes, poles or other structures of work, trees and anything of whatever nature that may be upon, across or over the highway offered for dedication. 5. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose : Telephone and/or electric poles and lines, and for sewer, water and/or gas mains and pipe lines Recorded : January 7, 1944 in Book 1619, page 29, Official Records The exact location and extent of said easement is not disclosed of record. 6. An Agreement between Owner-Developer and City of Carlsbad for the payment of a public facilities fee, recorded March 7, 1984 as File No. 84-083260, Official Records. Reference is made to said document for full particulars. 7. An Agreement to which reference is made for full partuclars: Dated : March 31, 1986 By and Between : City of Carlsbad, California, Brook D. & Kathleen E. Olsen, ' a Municipal Corporation and T husband and wife, as joint tenants Regarding: Payment of increased fees for Development Management Recorded : April 22, 1986 as File No. 86-155670, Official Records. 8. An Agreement to which reference is made for full particulars: Dated : March 31, 1986 By and Between: Brook D. Olsen and Kathleen E. Olsen and System .. City of Carlsbad, a municipal corporation Regarding: Payment of a public facilities fee Recorded : April 22, 1986 as File No. 86-155671, Official Records. 9. A deed of tr*t to secure an indebtedness in the amount shown below, and , any other obligations secured thereby Amount : $1 05,000.00 Dated : October 6, 1986 Trustor: Brook D. Olsen and Kathleen E. Olsen, Trustee : Cal-West Mortgage CO., Beneficiary: San Dieguito National Bank, Recorded : November 6, 1986 as File No. 86-506903, Official Records f husband and wife as joint tenants a California corporation a National Banking Association .. 0 4 THE POLLOWDIG ITEMS AFFECT PARCEL 33: 10. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1986-1987. 1st Installment: $903.34 Paid 2nd Installment: 903.34 Open Homeowners Exemption: None Code Area: Assessment No: 09000 206-171-02 11. Supplemental taxes assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, for the fiscal year 1986-1987 First Installment: $118.93 Open (Delinquent) Penalty : 11.89 Second Installment: $118.93 Open Assessment No: 859-021-64-75 12. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 13. The recital contained in the Owner's Certificate on said Map, which agrees to allow the cross-arms' of poles or other similar structures placed along the right of way of certain highways on said Map to overhang the abutting property: 14. The recital cpntained in the Owner's Certificate on said Map, conveying and relinquishing complete jurisdiction and control over any and all pipes, poles or other structures of work, trees and anything of whatever nature that may be upon, across or over the highway offered for dedication. 15. An easement for the purpose shown below and rights incidental thereto as reserved in a document .. Purpose : Telephone and/or electric poles and lines, and for sewer, water and/or gas mains and pipe lines Recorded : January 7, 1944 in Book 1619, page 29, Official Records The exact location and extent of said easement is not disclosed of record. . l6c.h easement for the purpose shown below and rights incidental thereto as t set forth in a document Granted to : City of Carlsbad Purpose : A sewer pipeline and all necessary and proper underground Recorded : March 5, 1964 as File No. 41714, Official Records fixtures for use in connection therewith Affects : The route thereof affects a portion of said land and is more fully described in said document. 17. Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document . .- e . . ~. e 4 Recorded : March 5, 1964 as File No. 41715, Official Records 18. An Agreement to which reference is made for full particulars: Dated : February 10, 1984 By and Between: Ruth C. Croody , Tone E. Elsner , Teri 0. Franklin and City of Carlsbad Regarding: Payment of public facilities fee Recorded : March 7, 1984 as File No. 84-083259, Official Records. 19. An Agreement to which reference is made for full particulars: Dated : April 10, 1986 By and Between: Leonard P. Mellgren, G. M. Sally Mellgren, Pat L. Mellgren, Florence L. Mellgren and City of Carlsbad Regarding : Payment of a public facilities fee Recorded: July 18, 1986 as File No. 86-298180, Official Records. 20. An irrevocable offer to dedicate public access easement and Declaration of Restrictions by and between the Pat L. Mellgren, G. M. Sally Mellgren, Florence Mellgren, Leonard Mellgren and The California Coastal Commission recorded March 24, 1987 as File No. 87-153158. END OF SCHEDULE A NOTE NO. 1: Information in possession of the Company indicates that a division of land, ,as defined in Government Code Section 66424, is contemplated in the current trakaction involving the land described in this report . Such contemplated division of land would appear to fall within the purview of the Subdivision Map Act (commencing with Government Code Section 66410), and as a prerequisite to the issuance of final title evidence at least one of the following requirements must be accomplished to this Company's satisfaction: (A) That a Final (Tract) Map has been recorded in compliance with the * -. Subdivision Map Act and related ordinances; (B) That a Parcel Map has been recorded in compliance with the Subdivision Map Act and related ordinances; or (C) That'a Certificate of 'Compliance as provided for in the Subdivision Map Act has been recorded; or that other satisfactory evidence indicating compliance of nonviolation be furnished. dh amend / j mh 2amend/al .e 7 6, - ” ..~ .. S-677790 DESCRIPTION DESCRIPTION PARCEL A: Lot 1, Block A of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152 on file in the Office of the County Recorder of said County.. PARCEL B: Lot 2, Block A, Bella Vista; and the Westerly Fifty Feet of Lot 3, Block A, Bella Vista, measured at right angles to the Westerly line thereof; in the City of Carlsbad, County of San Diego, State of California, according to Map NO. 2152. * T ,. f t 'i .! 0 a @ 0 ;r .fJ:q <fj is d ,' ,. .:,de EXHIBIT G Recording Requested by and 076 2 When Recorded Mail To: City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 &fl Q2 F"" i-25 f i 3 - g< c: 6 .ill i I J i ...~ . ...-. . . :.... I ~ ii "".. 1 ._. . ~ .. "." : . . -.- . ,. " . . - - - . . - . . . .. . .. . .."" : . .-A:-:-::; ~ ".. .- . .. . _.?. i, z - ". :_: .." .. " r .- ." __.-. ~ .ai55 t - .." n- CERTIFICATE OF ACCEPTANCE Jhi s is to certify that ]hereby accepts the Offer to Dedicate for Permit No. 5-77-81 Executed by: WF Puesta del Sol on May 4 1983 and recorded on September 289 1983 As Instrument No. 83-346918 of the Off i cia1 Records in the Off ice of the Recorder of San Dieso County. ' February 9, 1989 BY z A& ALETHA L. RhlJTENKRAX Dated For The City of Carlsbad J - STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 On February 9, 1989 , before the undersigned, a Notary Public, 15s personally appeared A1etha L- Rautenkranz , /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. a*******.*"*****~~;~1***1******2 QF'ilCIAL SEAL * * KAREN R. KUNDTZ $ My c,~~~ EX^. sept. 27. I%q t NoT,t,~y ~uBLIc-CALIFORNIA * SA\] DIEGO COUr'ITY * *******g**~*~***~8*** N otg?%d< A* s a i d County and State / & I, <? 1 RLECEWI)!WG R!U~J;ULKV \/ ghtr wo ";;o"-"" 1 0 83-34 Ca n -j B;r 'i 3 OdAO , []y; (.;I:,!,, i'i :.I, '['? i i OF $,;<,:! :,!' ' 0 ,:I i:i: ;.i;~\,i I , San Francisco, CaISfGrnia 94105 yi?;,j svp 3:; 3:: !?: 1 & '.\ ,."... "__. . / -;-: ! ''i ;)k;\r; Q v I Lhl~ifor~~~~~ Coastal Commission 1 631 Howard Street, Fourth Flocjr I Attention: Legal Cepartnest -.. L r. w \I<.- .\ . I , . (, .. 1 ~&] ;;;,f; 1; ;: ..'. I: i ;; I ;; [; : 3 .-@&py=$&Q~~ L\ I,..,. j' ~ . ,.L<. I i k"" -. . "_ .. I 4! f' 5 4 I L""- -""' 1 p.":" aF 3-3 ,_." "." ' \ i Arb f"tU 9 ","j .-._.- I IRREVOCJ.BIE OFFER ?'a DEDICATE OPQj-SPACE EJ,SEMENT 7 /I AND 8 THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN-SPACE EASENENT AND 9 DECLARATIONS OF RESTRICTIONS 1.0 DECLARATIONS OF RESTRICTIONS (hereinafter 18Qffet"") 5s made this 1.1 Limited PartnershA (hereinafter referred to as "Grantor"). 12 (I) 4th day of May y 19 7 83 3 by (2) Puesta di.1 so:^. , fh <~s~~~~:.--.- 13 I. WHEREAS, Grantor is the legal o~er 03': a Fee interest of certain 14 3.5 rea1 properties located in the CG~nty of ('3) Sari D~~PD 11. WHEREAS, a91 of th2 Property is located within the coastal z~na 17 referred t~ as the 'BPProperty"); and 1.6 State of California and described in the attached Exhibit A (hereinafter 18 19 as defined in Section 30103 of the Caljfornia Pub1 ic Resources Code (which eode is hereinafter referred to as the "Pub7 ic Fksoarces Code") ; and 20 111. WHEREAS, the Cal'forniz Ccastal Act of 1976, (hereioaftar 21 1 (hereinafter referred to 6s the "Com-iss'icn") asd requfres that ar:y 22 referred to as the 'h~,ct'') creates the C~I ifcirrii a Coastal CO~~~M~SS~C!! development approved by the Coimjssion must be consistent with the policies of the Act set forth jn Chap',er 3 r;f Division 20 of the Public Resa:ur--i- rL b WHEREAS, Pursuant t~ the Act, Grantor applied to the Com"i ssion mit to undertake deveiopnent s1s defined in the Act l:;i thic the 3:f' '9 0 1% , :.;,:..[ .i ' 'I" .. , . ... n -L - -Jdi 0 33 I1 coastal zone of (4) Sa11 Diego County (heminafter the 2 j "Pemit"); and 3 11 WHEREAS 9 a coastal development perri"c, No. (5) 77-81 " w a s 4 'J granted on (6) Decexber 17 (Exhibit E) attached hereto and hereby incorporated by referewe, subject 6 1 1 accordance with the provisions of the Staff Recommendations and Findings ' 5 s 19 81 , by the Comlniss-ion .in 7 1 to the following COndi'tiOR:(7) I " 8i 91 Open Space Easement. The applicants shall record an irrevocable s.Cfer to dedicate LO a public ageacy or to a private association an pen space easement over the area between tlle "beach line" shown on 7Lxhibi.r: "3" IQj I'1 I' 1 Special Condition 1 > above, Said open space easement shall prohibit :.-x;: and the seaward extent of the structcre as fizally approved pursuant: to il I.' 11 development unless approved by the CsliFornia Coasta.; Commission or its '1 14 I successor in intexest+ l5 l6 /I i I 17 I! 18 1 21 I/ $ I.9 i - 20 i WHEREAS, the Comvission 3 acting on behalf of the Feopie of the 22 I State of California and pursuant to th? Act, granted the Permit to the 231 Grantor upon condition (her2inafter the "Condition") requiring inter aliz 24 1 that the Grantor record a deed restriction and irrevocable offer t~ 25/i dedicate an open-space easement -ever the Prqperty 2nd agrees to restrict 26: development on and iise of the Property so as to preserve the ogen-spacc acd 27 scenic values present, on the property and so as to prevent the advzrze I 'I URT PAPER ;it OF ChilNQANlR ). I t 3 . &%. *'.**$ OIP t 9 I 1 1 I i I a -3- ,~ 1 direct and cumulative effec:.s on coast21 resources and public access tc. the I 2 1 with this Offer; and 3 coast which auld occur if the Frcperty ':!??e not restricted ;n accordance 4 VII. WHEREAS, the Commission has placed the Condition,on the permit 7 7 9 I 'JII1- becatise a finding must be made Qnder Pub? ic Resources Code Section 3C6i34.(a) 6 Chapter 3 of the Act and that in the absence of the protections pravided by 7' that the proposed development is in conformity ~i th the 9rov-isions of the Condition said finding CGL~~Q nct be made; zr:d WEREAS, Grantor has elected to comply with the Condition lo 1. and execute this Offer so as to enable Grantor to undertake the dev.?ioprnsne 11 ritithorized by the Permit; and 12 IX, WEREAS, it is inter;ded thzt this Offer is irrevocabie.and sna'll ! 13 the Cal iiornia Revenue and Taxation Code, Section 40% e 1; 16 shall thereby qual ify as an enforceable restriction under the provision of 15 Section 8 sf the Ca.lifornia Constitution ar?d I;hiit sajd Offel" when accepted 14 ! constitute enforceable restrictions within the meaning Q-F Artic:e XliI, i I x?[ NOW THEEFORE, in consideration of the above and the muttial 18 j benefit and conditions set forth herein, the substantial pubyic benefits 19 i for the protection of coastal resources to be derived, the preservation of 20 27: the Protected Land); and portion of the Property specifica:ly described in Exhibit 8 fhereinsiter 26i air, view, and for the preservation of scenic qtia?iti?s cvtr'r that eertz-in 25 llGranteel! 1, an open-space easement iri gr0~~3 z~d in perpetiijt) for 1 igtl:,? 24 i 231 acceptable to the Execuzive Cirec~or of the Commissi;ir: (hereinzfter, th? State of California, a poIit?'caI subdivision or rl private associatjon 22 by the Comission, Grantor hereby irrevscably offers to ded5cate to the 21 the Froperty in cpen-space uses and the grant-ing of the Perrni t to the oicrner l e I I I 1 I 1 ! I I .OUt?I PAPER fT%.fE OF 4ALI?ORN\* I! $7~ ,I i.3 ,#Xzv ?.*.iO. om+ t ,$$ 1! >:*.q;p,: . , ,+ '< 8; , , ' :,$;& *:% , . ' . &,, $; . . '. .,<e .p::,,. , . , ! . i':..!'. I ,.. , 1. .. . e -4 - a 333 ,: ' i 1 9 This Offer and Declaration G? 2estrictio.s subjects the Property to 2! 7 the fol Iowi ng ternis, condi ticns , aRd restrictions bihi ch shall be effective 3 j from the time of recordation cf this instrument. 1 I. USE OF PRO?ERTY. The use of the Protected Lar,d shall be linitcd 5 1 6 1 resource conservation ~ses. to natural open space for habitat protection 9 private recreation, a~d ' 1, 1 'I il Blo drzvelcpnlent as de.fined in Puhi ic gescurces Code t Section 30106, I 8 1 attached hereto as Exhibit C and Sncorporated herejp by this reference, 3 11 1 bui? dj ngs, etc, shall occur cr be a1 lowed ~n the Prctected Lsnd wjth the vegetation, grading, paving, or installation of structures such as signs, 1.0 '1 including but not 1 imited to 3 remval cf trees and o-ther rmjor at" ria-:";ve exception of the fol1 ovdi ng subjcct to appl icabi c goverrmentai regul atrury ,. I-2 ii j/ 13 i/ requf rements : '@ /I 14 I (a) the removal of hazardous substances or coridftioris or diseased i 15 plants or trees e I 16 j (b) the remova'i of any vegetation which constitutes or contributes tg 1'7 lai/ vegetation lie; wSthjn 100 feet of existing or permitted resfdcntia: 1 a fi re hazard to rcsidenti a1 us-2 of' nejghboring propertjes , and trchic!~ 19 // devel opment; ll 2o /j I/ 1( 25 i - (c) the instal lation CY repair of undersround ut?:.! ity 7 iiles 21 I septic systems, and storx drains - I 22 ! 2. RIG'rT OF ENTRY. The Srantee or its agent may enter C!*I~O the , 23 I 241 being observed at tizes rzasonably acceutable to the Grantcr. Property to ascertzjn whether- the use resti-icticns set forth abGire ?!-e i 3. BENEFIT AND BURDEN. This offer sh3.11 yurt with and bgrden -the 261 27(/ imposed shall be deemed tc be cgvenants and restrictjcns i-unnf~:.g with the Property, and a!l cbl jgations $ terms, conditions, and restrictions hereby .'FI.TI or CAI l,FOV*pla .CLJRT PAPER 'W i $4 ,<bit. 4. V'. 1 I or P h 0 -j - 0 4.v d 334j q land and shall be effective !imitat~ions on the use of the Property from the ate of recordation of this dcC\l;nent and sha'!? l?ir!d the Gr8ntor and a17 cessors and assigns. Thjs 3ffeu. shal; benefit the S.tate of Califarcla.. 4 4. CONSTRUCTION OF !IA,LIDITY. If any provision of these restrictions 5 6 1/ provision shall be thereby affected or inpaircd. is held to be inval id or for ar;y reascn becomes unenfcrceable 3 ~o ct.hp_~ 7 // 5. ENFORCEMENT. Any act or any conveyanceg ccntract, or 8 1 authorization whether writter, or ora.1 by thf Grantgr which uses or ~~cu?;d I lo 1 g1 cause to be used or would permit dse of the Protected ?ar;d contrary tc the t,ems of this Offer will be deeined a breach hereof. ?'he Grantee may hying 11 1 limited to, injunction to terminate 2 breaching activity arid to force the 12 any action in court necessary ts enforce this Offer, includirq, but not 14 I-3 i the terms and provisions hereof by specific performance, It is undersmod 15 and agreed that the Grantee my pursge any appropriate 1 egzl and erjuitabl e 16 remedies s The Grantee shai 1 have sol? discretion t~ detem!.ine under what circumstances an action to enforce the terms arid condjt-icns of this Cffer 18 l7 I shall be brought in law or in equjty, Any forbearance on the part of the 19 Grantee to enforce the terms and provfsions hereof in the event of a breach restoration of a:l damage do:?? by such Jctivity, or an action to ecfsrce I 2o I I shall not be deemed a waiver of Grantee's rights regarding any subsequent 21 breach. 22 6- TAXES AN3 ASSESSWiTS. Grantor agrees to pay or cause tc bz ?aid - -.- 23 all rea? property taxes and a;sessments levied or assessed agairlst the 24 1 Property. 26 j/ improve, or otherwi se expend zny *-funds .in cotinection with ,the Propert.y or I 25 1 7. MAINTENANCE. The Grzntee shall not be obi igated tc maintai:;, 1' i any interest or easement created by this Offer. All cost; and expenses For !F<Y PAPER 'K c;p CAhllL'ORN3A 73 IHEV 8-72) os*' i t I i I I I i I 1 i I i ! i i I I i I I I I 1 I I I I 1 I i { t e -6 - 0 I, 32 b ., .,. ' such maintenanceg improvement use, or possession shall be borne by the Grantor, except fcr costs incurred by grantee for monitcring conp!iance with the terms of this easement. 8. LIABILITY AND :NDE~~NIFICATIOM. - This conveyance is 'made and accepted upon the express condition that the Grantee, its agencies, departments, officers, agents, and err?! oyees are to be free froni a17 liability and claim for dgyage by reasm of any injury to a;Iy person or persons 3 including Grantor, or property of any kir;d whatsoever 2nd tc whomsoever belonging, incl itding Grantor 4 From any cazse or causes whatsoever, except n:att@rs arising out of the sole negl jgence of the 1.1 'liability, loss, cost, and obligations on accoilnt of or arisSrlg out of such 14 its agencies, departrxents, of-ficw, agent, and employees from all 13 hereby covenanting and agreeii.9 tc indernnify and hold harmless the Grantee Ii 12 Grantee, while in, upor?, or in iny my connected with the Property, Granar 16 /j virtue of the fa,ct that the i-ight of the Grantee to enter the land is 171 which would subject the Grantee to any 1 iabil ity occurring upon the ?aRd by 16 11 ccntrol over, nor duties and responsibilities 2;ith respect to the Froperty injuries or losses hctwer occgrring. The Grantee shall have not right of 15 191 strictly linited to preventing uses tnconsistent with the 'intei-cst gra~t2.d 201 and does not ind?ude the right to enter the land For the purposes of 21 correcting any dangerous condition as +efi ned by @a1 iforn:a Goi;?r-nment Code 22 : Section 83@. 23 9. SUCCESSORS AND ASSIGNS. The term3 covenants, conditfons, 241 exceptions, ohligaticns, and reservatfons contained in this Offer shall be 25 binding upon and inure tc the be~~2f-i t of the SUCC~SSO~S and assigns of b3th 26' the Grantor and the Grantee 9 whether vdtlntary or ir,vol antary. 1 i I I 27 // 1 IO. - TERM. This irrevocable offer of dedication shall be b-indfnq spcn I iil PAPER r or CALIFORNIA I 1 I3 (REV. 8.721 .f u*& I i 1 i i I ! I i I I i i i I I I i I i ,' ., 0 -7 - 0 e $36 ,,, ;/ the Owner and the heir.5, assigns, or successors in ifiterest to thg Prciper-ty described above for a geriod of 21 years. Upor1 recordation of an 3 acceptance of this offer by the grantee .in the form attached hereto as .la Exhibit 0, this offer and terms, conditions, and restrictions shall have 5 the effect of a grant of open-space arid scenic easement in gross and 6 perpetuity for light, air, vjew and the preservation of scenic quaiit-ies $ ?I lo i over the open-space area that shal i run with the land and be bindirq on the a parties 9 heirs assigns, and succsssors. 9 kceptance of the Offer is subject to a ccvenant which runs with the land, providing that any offeree to accept the easemefit may not abandon it but must instead offer the easement tci other public agencies 0;- privatz l1 1 12 associations acceptabje to the Exec!stive Director of the Colnrnis5,ion +'or the ' l3 duration of the tern of the originai Offer to Deciiidte. I L4 /I Executed on this 4th d ay of >t.:ay , at " Costa Mesa "" , California. DATED: p~:?y ~t, v-t.p-3 " "? "- OWN E R -. _.". TYPE OR PFITr,IT NA:<E ABOVE 4 // 22, // z3 // 241 // 251 Jl 26 /!/ 27 // :RT PAPER rz or CLLlPORNlA ii // , 112 tRCV. R.7?.1 QSP Pr/ I i I I 1 I I ! a -e - 0 27 Gr # $c , :ii'' i tf NOYE 'TO NOTARY PUGLIC: ,,$it'f' ' .181" ' ,, .. .;. ._.I , .., .. 2 11 If your are notarizing the signatures of anyone s-igning cn behalf of a 3 I trust, corporation, partnersk8ip, etc., piease use the cgrrect nctary ,jurat 4 / (acknow'ledgment) as explai~ed in your Notary Law book. I I 5 1' State of C~I ifornia 't 6 County of ".----J \ /I ) ss PAiFIITMERSMIP ~~~~~~~~~~~~~~ P State of _Calif.~nxk~ ____.__ On this the&u.- day of -139.y __ .. __.___..._. ~.-. 193.3, be!ore me, See Magadanz . "." """ ._ ." .~. ." "". - " .-~ . - -. .~~- "... . ~. . . . . .. ... . .. .".".""" .. . , the undersigned Notary P~tblic, personally appeared Joel- Go Klett -. . . ""._ ..""." ."" - ~"_ "~.l_-___-. . """"""""._ f .X personaily kilcwn lo me : proved to me on the basis of satisfactory evidence tcr be the person(s) who executed Ihe within instrument on behalf ai' the partnership, and acknowiedged io me that the partnership executed it. WITNESS n?y hand and clfiiciai seal. "_" " - ". _"__" __ ;'I30 122 NKVONAL. NOTARY ASSCClAT!ON 23312 Vontum Eivd. 0 PO. @ox 4623 * K:*od;ano tilils, CA I -Ir' jj la 1 I I 19 1 1 - 20 21 22 241 23 I i 25 1 26 2? I <r PAPER : CF CALIFORNIA i (3 (RhV. 8.721 OS? { ..:p:. ,. e -9 - 0 338 . i .I This is to certify that t.he offer of dedicatir?n set forth above is hereby acknowledged by the undersigned officer or? behal .f sf the Csi ifornia Coastal Comission pursuar?; to atithcrjty conferred by tkhe California Coastal Commissicn when it grarited Cr;asta: Cevelopment No. on ~t?L&Y?~b&!- __ iTj 14f;l ~ and the Ca'if'ornia Coastal Comission canc.ents "y] .- Q:' / 1 5/ 6 ! 7 1 Dated: /%LaLj<>t i / ' , i i (+;3 ~ ~ -. to recordation thereof by its duly authorized qfiicer, I. I ., . .^ .. .. 2 .-\ , """" """"._ W 8 // 91 I 8 , '_\_ """- " CaI ifornia Ccast3.1 Coii:rni SZ~G~I .., 10 11 STATE OF (>l-&&y~~pir[, 1 I 12 ' COUNTY OFdfl4r, $L;&&d 13 ¶a L '1 11 1 ) ss 7 ~ 1 on a.;.LQ/,L,?+- li /.(ti s2 9 before me L+fiAj;/j k. t.&;~/qQ., 5 fr: 3 /. Netary Pub1 i c :'personal ly eppeared d\,~~,~~~q~, 3. ~~~~~,~,o~ . . .% l.5 California Coastal Comission ar?d acknowledged tcj ~IIE that tile California 191 18 - .LA.v&L-- , and atlthGrized representative of tne 17 evidence) to be the person who executed this instrument as the 16 personally knowr! to me to b2 -(or proved to ne on the basis of satisfactory 20 1 21 1 Coayta'l Commission executed it. ki tness my hand arid sff-icSst seal. i I I &" 11 26 2 7) ,:OURT PAPER STAYS OF CALlFOR!4IA ;;.,.a [ ,3 :PEu A,?*? .w k$ .YJ ! 1 i I: i $? - / ,; 1 /7 <. i /i,q ff' . ; Jj,{ +;? /,:I , _. 91 ~ JLAf., .x-. I _* \LA. " -"$C.-L-" Notary Public jn and fQr said Ccunty and stat2 a EX~~]:B-~c~ ",4" 0 . . ..."_ I. IIL_.. . I- Q .,,j yy3 CB PJ .. ,, ?.'E%fiCE% 1: .# .. A.LL, fm~ PORTION OF LOT 1 IN BLOCK "A*' OF WYES LP9.39 COMPBrjP AI)DF?'ION TO CA~SBAD, MAP NO. 2, IN TEE CITY OF CARLSEX2 9 IN 'THE COUKTY Or" SAN .. DIEGG, STATE OF GeYI,ilFORNIlb. ACCOUIUZ TO MAP THEREOF MO. L22i, FILED EN THE OFFiCE OF COUN'L? KECOR1)E.R 02 SA! DIEGO COUPTI. NOVEXSER 4'. 1909. ANE mJOINZNG THE NORTHERLY LINE Gc" SAID LOT I.. ;GI, LVr+'" . ~.+tr S9KTHERLY OF A CINE DESCRIBED AS F9LLCXS: BEGIiJNIXG AT THE HOST NORTHERLY CORNER 3F LCT 2 IN SALD 'BLOCK "A"; THENCE NORT3AESTERLY ALONG A STRAJ-CdT LL:31", TO b I"OT.;kT IN THE SCUTEKESTERLY LINE C)F SAKD LOT 1, DLSTAYT THEREON NORTK 36°00'00'p WEST, 35.00 FEET NORTHWESTERLY FRM THE FOST SOLTHEELL' CORNER C)F SAID LOT 1. TEETHEP, WLTH TKAT. CERTAIN 5-00 FGOT STRIP OF LAND LYING NORTHERLY OF' EXCEPT TWEREFRQY '2"T WRTLON DESCRIBED AS %OLLA)WS: BKLPlNLNG AT A POILV IN TME SOUTWESTERLY LINE 3F SAIE L'9T I., DZSTAXT THEREON Mom 36"0Q900'~ EST, ~03~57 FEET FRLM. THE ST SOLTYEXLY CORNEX OF SAID MT I; FHEZCE ALOMG SAID SObTWFSTERLY LINE cWD T1.E NOXTh77ESTERiY PROLONGATION THEREOF NORTH 36°Q0'00'g VEST. 24.59 FEET TO Tii~ N~RTHERLY LINE OF SAID MAP HC?. 1221; THEKE ALONG SAID NORTEERLY LINE, KORTH 89"41'OOsg EAST, 42.15 FEET; THEKE LEAVING SAID NORTHERLY ',EKE, SOUTH ~4"rso"~ WEST, 34.24 FEET TO TBE pcm aF BEGINNING, PARCEL 2: TPAT CERTAIN PORTION OF LOT 1, IN BLOCK 2 OF OCEALYSIDE AEDLTEON To CARLSBXD, IN THE CITY OF CARLSSAD, 114 TI-IE COUNTY DF §AN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NQ. 893, ?IUD EN THE OFFICE OF COUNTY RECORDER OF SMJ DIEGO COUNTY, DESCXLEED AS FQLLGWS: 3EGINh7iNG AT THE INTERSECTfON OF T!iE NORTHERL'Y LINE OF BLN% "A", OF THtr: HAYES LAND COMPANY ADDITION TC CAPLSB.4D. MAP NO. 2, ACCOmZNC; TO MAP "THEREOF NO. 3221 ~ FILED IN THE OFFICE OF COUNTY RECCWER OF SAX BXEGC) COLTNZ., NOVLYBER 4, 1909, WLTH T3E SOUTIil4ESTERLY LINE OF OCEXd STREET, 40 FEET WIDE, AS SHOWN ON SAID ;CIA? NO. 1221; THEKE NORTE7dESTERLY ALGXG SAID SOiLITHWSTERLY LINE OF OCEAN STREEr EEING ALSO THE bLP.C OF A 60 FOOT OF 23"03' 30vt TO i?. POINT LH A WIAL LINE OF SAID CURVE BEARS S3LTH 7 7'03'30'' WEST TO SAID POINT: TXEXE LEAVING THE AKC OF SPAID CURVE $d'O SAID SOUI'EIJESTERLY LINE OF CCEidt STREST, SOLTH 54°00q00p5 WEST 37.51 FEET To A POLm IN SAID NORTHERLY LINE OF t.l@ NO. 1221; T'HEXCCE ALONG SA13 NQXTHERLY LINE NORTH S'jD1(l'fiOi' EAST 40.23 FEET TO YtiE pCfg1: OF ZEC;[';{$iING. RADIUS CURVE. CONCAVE WRTHEASTERL? 21:.15 FEET THRODt;t; A. CENTRAL ANGLE $i ..A. . . . . ~, .j I . ,. . ' _'' 0 E;_YHTBLT "A" (continu ,. /' ,.:' I. ._r- .d L : 3 ' .', 34 .. Tm$ pibgTrON OF OCEAN STREET IN THE CITY OF CARLSBAD, COUNTY OF SAN TE OF CALLFORNIA AS SHOWN ON THE MAP OF GRANVILLE PARK NO. 2 N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUhpTY AS MAP b., .:. ' NO. 2037 ON JUNE 18, 1927. MORE PARTICULARLY DESCRIBED AS FOLL'OWS: ' BEGINNING AT THE SOUTHERLY END OF 50.00 FOOT REVERSE CURVES ON THE SOUkIwESTEIZLY SIDE Ol? OCEAN STREET NEAR ITS INTERSECTION WITH DEL Mb.R AVENUE AS SHOWN ON SAID MAP NO. 2037 A TANGENT TO SAID CURVE EXTENDING SOUTH 35'14'00'' EAST: THEKE NORTHSJESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 23"03'30" A DISTAN2E OF 24.15 SOU?X 77'49 '30" WEST TO SAID PO Im: THENCE LEAVING SAID SOUTHWESTkRLY , LINE OF OCEAN STREET AS SHOWN ON SAID MAP NO. 2037 NORTH 54O46'21" EAST, 9.16 FEET TO THE SOUTHVESTEECY LINE OF THE NW STREET ALIGNMENT, kAST SAID POINT BEING ON A 295.00 FOOT RADIUS CURVE SOUTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH 66"01'21" EAST.TO SAID POINT; THENCE SOUTHEASTERLY ALONG SAID CURVE TBRCUGH A CENTRAL ANGLE OF 04'41'26" A 'FOOT RADIUS CURVE: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05"06'53" FOR A DISTANCE OF 33.80 FEET TO A POINT, A RADIAL OF SAID CURVE BEARS SOUTH 65'35'55" WEST TO SAID POINT; THENCE FEET ro A POINT ON SAID 60.00 FOOT RADSUS CURVE, A RADIAL LINE BEARS DISTANCE OF 24.15 FEET ro A POINT OF REVERSE CURVATURE \am A 345.00 , NON-TANGENT TO SAID CURVE SOUTH 68'48 '10" WEST 1.18 FEET TO THE SOUTH- ! WESTERLY LINE OF OCEAN STREET AS SHOWN ON SAID MAP NO. 2037; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 35"14'00" hTST 29.63 FEET TO THE POINT OF BEGINNING. - .. .~ .- .. i, 4' " ,- w .-.r -. w >, ,.? : LEGAL DESCRIPTION - ~XlIlulY u Protected Land ~ 3% A portion of Ut 1, Block "A" as shown on Map No. 2 of The Hayes Land Company Addition in the City of Carlsbad, County of San Diego, State of California, as recorded November 4, 1989 in the Office of the County Recorder of San Diego County as Map No. 1221 and more particularly described as follows: Comencing at: the most Southerly corner of said ~ot 1; thence along the Southwesterly line of said Lst 1, North 35°14'008' West (shown North 36O West) 35.00 feet; thence on a line toward the most Easterly corner of said Lot 1, North 68O48'10" East, 53.79 feet; thence at right angles North 2P011s50" West, 5.00 *feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING North 32Q14!11" West, 60.35 feet to the Northerly line of said Lot 1; 'thence along said Northerly line South 89O18'30" West (shown North 89O41' East), 25.29 feet; thence leaving said Northerly line South 54O46'06" West, 13-22 feet; thence parallel to said Southwesterly line of Lot P, South 35°14'00'' East, 66.88 feet; thence North 68°48010" East, 31.85 feet to the TRUE POINT OF BEGINNING. J. N. 5368 DKM : gh - 5-13-82 ,-r .- 9% , ,' ,!.$:i ' \I! +.,) :, . L ,* . e, * 1 t q t P ; 6 e 1 I ! 8 3 P '+ * * * EXH1B1T H R :4J jrj ,pg .- % <" tj Recording Requested by and 0763 When Recorded Mail To: .. . . ..: >:_" . - .... .-. .. .. .. . - .- .. ....-. i__. . -. . ~ . . " "_ " .~ .. .:_ . . . .. " . - - . . . . . . ,. -2 c . - .. - .. .. -., . ., . . . : . ~ City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 .F." "" 1 f p:,- Dl% ii -4 .% .:- :.-f - " f: $3 .~ J & :",-. i ri' i ii ; 4 I 3 +I : .~ _.-._.. i . i<.I,I . . ----.,- .... i ..,..... _-._" . . . .. ". -. . . - .~ . . . ..-i :i i -_. -, " . .- . ...~"~ . ~ . .. - I ~" i ~ -..: --~.,.,- ".-... . ..~ __._, ---;.:;:z2 % ="" A CERTIFICATE OF ACCEPTANCE This is to certify that 1 .. hereby accepts the Offer to Dedicate for Permit No. 6-83-613 Executed by: 'NO FEI Sears Savings Bank on October 30 , 195 and recorded on December 99 1986 As Instrument No. 86-573112 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 - STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 on February 9, 1989 , before the undersigned, a Notary Public, personal 7y appeared *letha L. Rautenkranz 9 1SS /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. ************T**o*~***r******$* .. * * .F * ..+::: ,., OFFICIAL SEAL * * KAREN R. KUNDTZ $ * .NOTARY PUGLIC-CALIFORNIA 2 SAN DlEGO COUNTY * Mv Cornm Exp Sept. 27, 1989 $ F $****************************% w'/ // \- ' *. 7-3 J T' 1 - t 2 &@EDtX REQUtSTED 91 WUTIIIWK c.; * 4 "0" /. i k Return [iriginal To'and @ 573112 < *> I* Recording Reuuested. BY: - ** State of Ca I ifornia - - 1 California Coastal Comnission, - !OF OFFICIAL SAN Dm f??CDRQS "UNJy, CA. , 1 631 Howard Street. 4th Floor .. -7 - RECORD&@ IN .. rnia 94105 . 1% DEc -9, AH /@ 28 .. 4 c F. ; i 'f<rf*- ,t,~trfrrw if ij bgl ;:he soai, ImprGtd in purple ink s..R+2. f 1 8 -.;: ,%%%- Us ooe-.7se.-JA' -. . San 7 hntY,ma v'- v-;a 2*LSii fianci sco , cai ifor This is daey&%%: m%rd ,8f?i$ 2t.f :..i JjL;;', of th6R corder. *+ $3$:\\ 4. 1 ?/b..z;z .='e ; ". ." ?% 3 c, VERA C. ~y~& cowY REC@RO II FE€ =a: SL,., ;-. I ,- ,,m)L, YlllL..LL ..- AL!!? &AL - . =.& - g<T"s-= " " """A.,.:,." 7 I I. -. FA? 25" ;e*: -:- :-i.--+ t;rd for record by CXx&ntal Land Title m aa \LCLV,L,VUO.I.V.. only. It has no1 bnn~'%amined as to its aeution or as to its effect upon tbc tidt. FER TO DEDICATE WHEREAS, (1)- . ~. ..-.; 3&dmsy:wnk ?! . .II . -. is/are * I the record owner(s), Ikereinafter referred to. as "owner(s)", of the real -. .. 10 91 California, legally described as particularly set forth i~ attached . (3) Exhibit A hereby incorporated by reference and hereinafter referred to as the "subject property"; and - " .- - - ".__.._. .WEREAS, the California Coastal Act of 1976 (hereinafter referred - I as 'the "Act") creates the California Coastal Comnission (hereinafter referred to as be "Comnission") and requires that any coastal development it approved by the Comission or local government as defined . in Public urces 'Code Section 30109 must be consist&t wl th the pol tcies of the_ .- set forth in Chapter 3 of Division 20 of the .. Pub1 ic Resources Code; and .. 201 In. WHEREAS, the People of the Stat? of California -.. have a legal. interest in the lands seaward of the 'mean high tfde Ilne; and WHEREAS, puw'uant to the California COa5tal. Act of 1976, the er( s) appl ied to the Comission for a coastal development permit for (4) olition or removal of two single-family residence; and construction of condominium units with underground parking and common recreational areas ahe""~u~~~~~b~~~~~~~~; pt;Jel overlooking ~gua Hedionda Lagoon. WHEREAS, a coastal development permit no. ( was OURT ?WER ?Am O? ULI?D.*** m. 113 I~CV. 0-7ab - > t e e*. ". " c .k . . . rented on (6) D~ember 13 : , 19 - 83 by the Cmission in accordance . provisions of the'Staff Recommendation and Findings (7) attached hereto and hereby incorporated by reference, subject lowing condition: (8) " see page 2A - ~ ..i f .. .- .. ... .. ... . . -. *. .. .. .. * .. .. ..... ... ... _. . . "_ . . .-. .- .. ~ . - _. ... .. .... . . _.. ..% . .. .. ... . ._ ... ..... i . - ._ .. ._ . . ._. .- .. .. .. .. .- ... .. .. *. . .. : ................ .. . =.. ', - ... ... . -. . .... .. _. . : .. .. .. ..... .... .. ..;. . ..... .... -.. : - . ... ... . -. ... - .. .. -. ... _. .~ 1 . - .: ... ... .... .. .. _: .. - .. .- . .. -. * .. . ._ ... . . - ..- ..-_ ._. . .. .. . -. .. - 0. .. .. .. .. .. .. .. .... ... ... ... .* .. r . -. ., .. .. .. .. I . . .. .. .. .. - I. I .. ... 6.. ... .. ., .. .. .. -. . .. . 'WHEREAS, the subject property i5 a parcel located .between the . " .- e * public road and the shore1 ine; and .. UHEREAS, under the policies of Sections 30210 through 30212 'of alifornia Coastal Act of 1976, public access to the shoreline and the coast is to be maximized, and fn. all new development projects ed between the first public road and the shoreline shall be provided; .. 0 WHEREAS , the Comni ssion found that but for the impost tion .* of the condition, the proposed development could not be found consistent the public access policies of Section 30210 through 30212 of the - 13 tRW. S-721 4- .* > 1. 0 SPECIAL C9hiITION e .%t' j -.. f) Recordation of an Irrevocable Offer of Public Access Easement. .L 1. *% .i'A'ppl iCant shall record an irrevocable offer to dedicate to the city 0 '' ! Carlshad or other public agency, or to a private association acceptab:e to the Executive Director, a public access easement for passive recreational Purposes Over a 50 foot wide are8 leading from the terminus of Harbor , Drive to the bluff top. The access easement shall be extended laera1 ly along the entire bluff top and be ten (10) feet in width as measu-ed northward from the bluff top line as depicted in Exhibit D of thi The requirement for the ten (10) foot wide bluff-top lateral easen#nt may :e. be deleted if alternative pedestrian access is permitted within the bluff face open space easement as provided in subparagraph u~8' of this condition. The easement offer shall stipulate that the public access improvement areas are to remain open to general public at all times. If an accepting 1 agency is not found, the Codes, Covenants and Restrictions (CC&Rs) of the subdivision shall provide for acceptance of the access easements by the homeowner's association; the CC&Rs shall further provide for the on-going maintenance of the access improvements. A draft copy of the CCbRs incorporating these requirements shall be submitted to the Executive Director prior to transmittal of the permit, the approved Department of Real Estate CC&Rs shall be submitted prior to occupancy of the first ' completed residence. Any modification to these provisions of the CCilRs shall require Coastal Commission review and approval The above offers shall be irrevocable for a period of 21 years, shall rlfn ! in favor of the People of the State of California, binding successors and 1 assigns of the appl icant and/or 1 andowners, and shall be recorded prior to j all other 1 iens and encupbrances except tax 1 iens. The offer to dedicate 1 shall be in a form and of a content acceptable to the Executive Director. I 1 Y .: .- .. - ,- ,. 6. ! i a - -2A- e- * lifornfa Coastal Act of 1976.and that therefore in the absence of such a ndf tion, a permf t could. not have been granted; .. ... in consideration of the granting of permi ner(s) by tbe Comnissicn, the owner(s) her the People of California an eastment in pe*etuity ses bf (10) a public access easement for passfve recreationaL .- ... . 'the subject property '(11) Over a 50.fOot wide .area leadina ;fe nus Of Harbor Drive to the bluff top and- over- a -~olf&- W i de' .... ... .. _. et .forth by attached Exhibit C (12) hereby .. .- ........ , ' . . & EXBIBIT 'I) . . -. . ed by reference. This offer of dedication shall be -4rrevocabl.e for a period of _. . _. . .. .. * -. .. .. .. '(21) years, kasured fowafl from the date of recordation, and the owner(s), their heirs, assigns, or successors in .. property described above. The People of the State ... ia shall, accept this offer through the local government in whose n- the subject property lies, or through a pub1 fc agency or a ociation acceptable to the Executive Director of the Com3ssfkn essor in interest.. .* .. . ,, .. >. . -. . ... ... s- 0. -. * _I -. .. e. .. .. ... .. - I. I _. .. . a .. t I -. -3- 0 0 1 0 i 1 cArlro.*lr 3 IILV. ..?I1 0 .. e. .. . . Acceptance of the offer. is subject to a covenant which runs with .. the land, providfng that any offeree to accept the easement may nq abandon it but must Instead offer the easemint to other.public agencies o .&. associations acceptable to the Executive Director of the Conissidfor the , . duration of the term of the original offer to dedicate. The grant of .?* . :- easement once made shall run wlth the land and shall be binding on the Owners s their heirs s and assigns. Executed on this 30th day of O&*y . , at Glendaie .. .. 0. . .- a. a1ifomia- .-. . Sears. s.a&gi .~a"l<,a ;C~J igornia y ,. . : ...... - . .-.i .- . . ..... .... .- . . : .--.Corpoyation' . ... ..I. ... .. ........ ..... .I ->, . . Dated:' oktbb&k '30, 1-986.<-..- .. .. ., , ,. - -. .. * ._. . .... - '.. - . . ... .- . , -. -_ . -. . .- . _. - .. :- .2d [.. .. ...... .- .. .- - . . Sf gned 0y - ... :_ . .. .... ... .... -. : Vr.ce Presi-dent.. J . .. ..... ... -. ichard Csate ._ . .- .. IC;~ rLe5 .. 0 .. .- . ..: .... Type or Print Name of Above I-. .-. ... ................ _. . -. : - . -Vice Pres.ident'\.I. .- .. .... .... ...... -. .. ._ . -. . ....... .. ... ....... , .- . .. ... .. ' :-*:-..- - -. Signed B~ ... ._ . . :. : *-.:- : .._ , , .: .. .. .. .. -. _: .. .. .. .. ..... Steven P; Duff ield .. -. .- . . .. -. . Vice .President - - (. . ..T ... .- .. .. -. . Type or Print Nilme of Above ... -. .. ... .. ... ..... _. .d. . .. . ._ ... .... :* ....... .... .. ... .. _. . .- ,. .- .- .. .. '. - .. .. - .. .I ... .. .- .. .- ". .. . .- . z -. " ~ .. 1 .. ..* .. ... -. -. . " . .. .. . .. .- . - -4- i .I i .. I * , * ' .. \ *- . '. -% - .. 1 2' -3 .4 .. 5 6 7 .. . a . .9 10 . 11 12 13 14 15 is 17 - 18 19 20 21 22 23 24 - 25 26 27 'APLR CILIIOINU a. "" . e 0 . NOTE TO NOTARY PUBLIC: If YOU are notarizing the signatures of signing on'behalf of a corfioration, partnership, irust, etc., the Correct notary jurat (acknowledgment) .as explained in your NO& , .-e -. Public Law Book. .. - .. ,-. -. .. State. of California, - .) . . .A \cc 0 .1 STATE of CALIFORNIA COUMYOF Los Angeles Is. October , d!! , before me. the undersigned a Notaty Public in and for said County and State, penonally appeared personally known to to be the penon who executed ven P. Duffield persomlly satisfactcry evidence) to be the person who executed the within Richard C. Fuqate NOlARY PUBLIC - CSiPSiih Karen K. SPisak (Ihis area for OWCM sed) . Name (Typed or Printed) . TI102 < .- !. -. # . .. -. e. - . 8 . I - - *. I I I . .. . - 1 b ., . .e -. .- 'a < L. b. ' . * .. 8 ~I u ,* 1 This is to certify that the Offer to Dedicate set forth above is - .. 2 Coastal Comnission pursuant to authority conferred by the Calif .. . -- . 3 hereby acknowledged by the- undersigned officer on'behal f of the *I. 4 Coastal Comnission when it granted Coastal Oevelopment Permit . " - L - 51 No= 6-83-613 - on December 13, 1983 and the Calffornia 6 Coastal Comission consents to recordation thereof by its duly'authorized officer. Dated: , I /. . _._ - . .. .. .. .- . .. - . California Coastal Comnission .. ,. . .- .. .. .. STATE OF California .. ._ .. - . 1- .. .. .* -. )ss COUNTY OF San Francisco 1. a Notary Pub1 ic, personally appeared , personally .. - 7 t known to me ta be (or proved to w on the basis of Sati SfaCt0t-y evidence_) - to be the person who executed this instrument as 'the a y .. '. .. RT rwm IO? UL\VO*NU to (Raw. ..?*I and authorized representative of the California Coastal J Comission and acknowledged to me that the California Coastal Conmission executed it .. - State . . '-6 - .( e, - 0- .: .. *.. -. 1 . * ,i * " . *. - *. -. 0 .. * EXRIBIT "A" LECAL DESCRIPTION .. .. .. .. . .. *. .. 0. .. .. .. . ' Iat 5 ai carlsbad Tract No, 74-22 -in .the City of &lsbaa, 'bmr . of San Diego,. the State of Californ$a, &cording. to kp tbereo . No 8107, filed in the Office of the County Recorder of San Diego ?? -. . co\inty; Way 1, 1975,' --- .. .. . := .. ~ . -. ... . .. .. i .. -. -. 0 .. .. - .I .._ . . .. a I .. .. .. " e- o 0 .. .- *. .. - . - . .. 0 *. . : .. .. -. .* 0. 0 f. .. .. e " * 8 . 0. -4 b 0 - 0 t " . " - . - .* .. . - .* .. * 0 z 0 .. .. *e !I I? ! . m c . - 8 W. e* b .- .- . a. ._.:.. .... " . - _. -. .- . P' il) %,? - "- * .*. 3XHlBIT B ate of Caiifomia, George Deukmejian, covernor aiifornia Coastal Commission W DIEGO COAST DISTRICT 154 Mission Gorge Road, Suite 220 in Diego, CA 92120 '14) 2806992 -. - .. e Piled : October 31, 1983 49th Day: December 19, 1983 180th Day: April 28, 1984 Staff: CD: lsf Hearing Date: Eecember 12-16, 1983 -.. REGULAR CALENDAR .. 'F * STAFF REPORT AND PRELIMINARY RECOMMENDATION . .". , ._ ..\. ._ _._ _""" - .- .- . ." _- - . . - .. . - __ _. . - - . __ . . . ." " ." . " ..__ __ .. ". . _". -. - . - - ". - " -, -. - ..._..-_ " - .- ipplication No. 6-83-613 ipplicant : Hunts Partnership Agent " : Larry D. Hunts Iescription: Demolition or removal of two single family residences and construc- tion of 140 condominium units with underground parking and common recreational azeas on a ten acre bluff-top parcel overlooking Agua Hedionda Lagoon, Lot area Bldg Coverage Pavement Coverage Landscape Coverage Wetland Area Parking spaces zoning Plan designation (including bluff area) t Y 10.15 acres 76,202 sq. ft. (17%) 6,050 sq. ft. (1%) 294,367 sq. ft. (66%) 65,593 sq. ft. (15%) PC Residential Medium 348 High Density (10-20 du/ac) . Project density Ht abv fin grade 13.8 du/ac 35 ft. Site: . Located at the southerly terminus of Harbor Drive, between the AT & SF Railroad and Interstate - 5, in the City of Carlsbad APN 206-222-22 - Substantive File Documents: Certified City of Carlsbad Agua Hedionda Lagoon IXTP " Land Use Plan Segment Coastal Development Permits: F7453, 6-82-69 Appeal #81-7 3 6-82-303, 6-82-501, 6-83-170, 6-83-324 SUMMARY OF STAE'E" S PRELIMINARY RECOMMENDATION: . Staff is recommending approval of the proposed development with conditions that would: increase the width of the public view point at the terminus of Harbor Drive; insure that no portion of any of the structures will be closer than 25 feet from the bluff edge; limit the height of certain of the units which are - &st vis'iially prominent h '"oiie and two stories in height; provide for drainage and erosion control plans and Limit the season for grading to reduce potential "-. . C3Mhfl33;.S?N ACTION OM DEC 1 3 f XApproved as Recommended U Denied as Recommended 1 f' * ', @ Page Two * 6-83-613 ., " sediment into the lagoon; provide for landscaping to soften and enhance building profile and to enhance previously disturbed areas of the bluff face; provide for a pedestrian (public) accessway along the bluff-top or alternatively at the toe cf the bluff adjacent to the lagoon if designed to be acceptable to the Executive Director in consultation with the State Departrment of Fish and Game; require recordation of irrevocable offers to dedicate open space easements or fee I dedication of the bluff face and wetland portions of the property; require comp- liance with-the EIR recommended.mitiqation measures for the known archaeological. - site; provide for recordation of a waiver of liability to the Commission; and, provide for State Lands Commission review of the development. .-. . PRELIMINARY STAFF RECOMMENDATION -. Staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that, as conditioned, the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse -acts on the environment within the meaning of the California Environmental Quality Act. If. Standard Conditions- See attached page. 111. Special Conditions. This permit is subject to the following conditions: 1. Revised Buildinq Plans. Prior to issuance of this permit, the applicant shall submit to the Executive Director for review and approval a final site plan,. . floor plans and elevations which incorporate the following: A). The site plan shall be substantially in conformance with that shown on the plans submitted as part of this application. B). In order to increase the width of the public view point, at the terminus of Harbor Drive, the units shown on Exhibit A attached to this permit shall be deleted and that area landscaped and designed to encourage public access and utilization of the public view point. - C). In order to reduce the visual @pact of the project, the - buildings shown on Exhibit B attached to this permit shall be reduced to a maximum of two stories and 25 feet in height as measured from adjacent natural grade. D) . The exterior colors and construction material for the proposed buildings shall be wood or earth tones. E). The applicant shall have the option of recapturing some or all of the units lost as a result of conditions l-B and l-C .: - rf -. .._. "_ , ~ < - " , - 0 .\ Page Three provided the recaptured units are not located south of the currently proposed alignment of units, 2, Bluff-top Building Setback, The bluff top shall be defined as shown on plans submitted with the application for permit and labelled "Existing Site Conditions", prepared by Arian & Willess Inc. The building setbacks from the bluff top shall: be -ir' substantial. conformance with that shown-on-the .plans. sub--.- ___ _.__. nitted; but, in no case shall any portion of the buildings encroach within 25 feet of the bluff top. Prior to commencement of construction, the bluff top and building setbacks shall be staked, inspected by staff of the Commission, and photographed to insure building setback compliance, 3. Grading and Erosion Control. The applicant shall comply with the following conditions related to grading and erosion control: ' A. Prior to issuance of the permit, the applicant shall submit final grading, drainage -and runoff control plans designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the fully developed site over runoff that would occur from the existing undeveloped site as a result of the greatest intensity of rainfall expected during a six-hour period once every 10 years (10 year six-hour rainstorm). ?he runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. . .. Such plan shall also provide that all runoff from developed portions of the site shall be directed away from the bluff edge and collected and conveyed to the desilting basin re- commended for location at the western end of the property in the EIR, Said drainage plan shall provide for the discharge point from the basin to be extended to at or below the I0-foot contour line or in a manner satisfactory to the Executive Director in consultation with the Department of Fish and . Gamer An energy dissipator shall be locatedat the discharge point. Any required easements or letters of permission from off-site property owners shall be submitted to the Executive Director, prior to issuance of the permit. B- Grading activity shall be prohibited during the rainy season ... from October 1st to April 1st of any year. Prior to commence- ment of grading,a grading schedule shall be submitted which insures that grading can be completed by October lst, C= All graded areas shall be hydroseeded prior to October 1st With either temporary or permanent landscape materials. Landscaping shall be maintained - and replanted if not established by December 1st. D. Grading plans shall indicate fencing of open space areas as referenced in condition 5, during constiuction and shall specifically prohibit m- ing or parking earmoving equipment, stockpiling of earthwork material, 01: other disturbances within the open space areas, except as permitted . for enhancement purposes as allowed under Condition #4. - 1.. .. .I i I 'L - 0 0 6-83-613 Page our - . . . . - . - E, Any necessary temporary or permanent erosion control devices, such as the desilting basin, shall be developed and installed prior to any on or off-site grading activities, or, concurrent with grading, provided all devices are installed imd operating prior to October lst, .aid installation is assured through bonding -" - - .- " or -other acceptable means. -. - '. .- --.- - - --.- -.___._ ___ __"_ ._____ . _______"_,._ - __ - - .._ . . F. Arrangements for maintenance of the drainage improvements shall be secured to the satisfaction of the Executive Director, prior to issuance of this permit. If said improvements are not to. be accepted and maintained by a public agency, the responsibility shall be that of the homeowners association and detailed mainten- ance agreements including provisions for financing the maintenance through bonding or other acceptable means shall be secured prior to issuance of the permit. Maintenance shall be addressed as part of the drainage and runoff control plan required above. The plan shall discuss maintenance costs and such costs shall be certified as a best effort at obtaining accurate figures. G. mort Material.. The location of the export material disposal site shall be reported to the Executive Director to determine if a .- separate coastal development permit is required. 4. Landscaping. Prior to issuance of the permit, a detailed landscape plan indicating the type, size, extent and location of plant materials, the proposed irrigation system, and other landscape features shall be submitted to, reviewed, and determined adequate in writing by the Executive Director. Landscape features include the proposed water features, walkways, fencing, lighting, observation platforms, signs, etc. Drought tolerant plant materials and native vegetation shall be utilized to the maximum extent feasible. Said plan shall provide for the planting of specimen size native trees around the perimeter of the buildings, which, at maturity, hall gain substantial height and be situated in a manner to break up the building profile. Emphasis should be placed on effective screening of the structures as viewed by northbound traffic on Interstat-5. . -. -. .. Regarding landscaping of the disturbed bluff face, the plant species list and landscape plan shall be subject to approval by the Executive Director in consulta- tion with the State Department of Fish and Game to guard against introduction of any species which are inherently noxious to or incompatible with the adjacent lagoon habitat. It is a requirement that the applicant restore the vegetation on the bluff face to as'natural a condition as feasible. 5, Open- Space Dedication. Prior to issuance of the permit, the applicant shall submit evidence to the satisfaction of the Executive Director that one of the following alternatives has been accomplished; either: A. Prior to issuance of the permit, the applicant shall record an irrevocable offer to dedicate to a public agency, or to a private association acceptable to the Executive Director, an open space easement over the area described as follows: The bluff face portion of proposed Lots 1 and 2, as shown on Exhibit C attached to this permit, and all of the wetland area as shown on Exhibit C. 4 .: 1- f 1' ,. 4 .. 0 0 6-83-613 Page Five \ - - - .- - - . . - . The document shall include legal descriptions of both the applicant's entire parcel and the easement areas and shall prohibit any alteration of landforms, placement or removal of vegetation, or erection of structures of any type unless approved by the Coastal Commission or its successor in interest, except as specified herein, Public pedestrian trails, erosion control structures, underground easements, observation points and landscaping-shall be.,permitted, as approved by the Executive Director in consultation with 'the -Dept. of -Fish &id Game, pursuant to special condition #3 of this permit. " . - ... .-. . _._ - - - " Any improvements permitted in this area shall. be maintained by the homeowner's association, and maintenance shall be provided for in the CC&Rs of the subdivision- The accepting agency shall have the discretion of accepting maintenance responsibility at the time of easement acceptance. Such easement shall be recorded free of prior liens except for tax liens and free of prior encumbrances which the Executive Director determines may effect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding successors and assigns of the applicant or landowner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. - - ._ __ - or B. Prior to issuance of this permit, the applicant shall dedicate in fee title, to the Wildlife Conservation Board or . other public agency acceptable to the Executive Director, that portion of the property shown on Exhibit C as wetlands. The remaining open space shown on Exhibit C (the bluff face) shall be offered for dedication as provided in 4A above. .. . . 6. Public Pedestrian Access. Consistent with the requirements of the certified City of Carlsbad Agua Hedionda LCP Land Use Plan, the applicant shall make the follow- ing improvements: A) Landscape and improve the public viewing area at the terminus of Harbor Drive including, but not limited to, installation of at least two park benches, a water fountain, trash receptacles, and bicycle racks. B) Install an improved public pedestrian accessway from the terminus of Harbor Drive to the bluff top, along the entire bluff top; or, as an alternative an improved accessway leading form Harbor Drive to and then down the bluff top and pkallel to the wetland, The alternative access design would need to be reviewed and found acceptable by the Executive Director in consulation with the State Dept. of Fish and Game and shall not be permitted to encroach into or possibly degrade the wetlands. .. - C) All observation decks extending out onto the bluff face shall be deleted; observation decks may be incorporated within the 25 foot bluff top setback nrovided they are low profile with no walkor roofs. -. : I '. 4 0 l">2". " , 0 - - "2 Page six D) A minimum of three public parking spaces shall be clearly delineated at ; the terminus of Harbor Drive either within the arl-de-sac or within the view knt/view corridor area. E) Erection of a comphrensive set of low-keyed public access identification .gns which clearly indicate the availability of the parking, viewing area and pedes- :ian accessway for the use and enjoyment of the general public. The signs may also mtion users to respect private property rights. . - . - _. .- . .." -.. - " ". .- ... ". . - ." __ _. - - - - -. - . - - ...""_"". - - . -. - . - . . . ___ - __ F) Recordation of an Irrevocable Offer of Public Access Easement. Applicant ?all record an irrevocable offer to dedicate to the City of Carlsbad or other public ~ency, or to a private association acceptable to the Executive Director, a public rom the terminus of kbor prive to the bluff top. The access easement shall be Ktended laterally along the entire bluff top and be ten (10) feet in width as measured xthward from the bluff top line as depicted in Exhibit D of this permit. he requirement for the ten (10) foot wide bluff-top lateral easement may be deleted f alternative pedestrian access is permitted within the bluff face open space ease- ent as provided in subparagraph "B" of this condition. be easement offer shall stipulate that the public access improvement areas are to remain open to general public at all times. If an accepting agency is not found, he Codes, Covenents and Restrictions (CC&Rs) of the subdivision shall provide for lcceptance of the access easements by the homeowner's association; the CC&Rs shall krther provide for the on-going maintenance of the access improvements. A draft :opy of the CCGrRs incorporating these requirements shall be submitted to the Executive lirector prior to transmittal of the permit, the approved Department of Real Estate :C&Rs shall be submitted prior to occupancy of the first completed residence. Any nodification to these provisions of the CC&Rs shall require Coastal Commission review ud approval. :cess easement for passive recreatianal purposes over a 5% foot wide area leading The above offers shall be irrevocable for a period of 21 years, shall run in favor of the People of the State of California, binding successors and assigns of the applicant and/or landowners, and shall be recorded prior to:all other liens and en- cmbrances except tax liens. The offer to dedicate shall be in a form and of a content acceptable to the Executive Director. . -. . - - - 6. Archaeology. The applicant shall comply with the recommendation measures contained in the EIR as certified by the City of Carlsbad for preservation and/or -act mitigation of the archaeological resources. 7. Waiver of Liability. Prior to issuance of the permit, the applicant shall submit to the Executive Director a recorded deed restriction that binds the applicants and any successors in interest. The deed restriction shall provide: (a) that the applicants understand that the site may be subject to extraordinary hazard from flooding and erosion and the applicants assume the liability from those hazards: (b) the applicants unconditionally waive any claim of liability on the part of the Conmission- for any damage from such hazards; and (c) the applicants understand that construction in the face of these possible hazards may make them ineligible for public disaster funds or loans for repair or replacement of the property in the event of storms. .* .. I' - " "_ ,t\ -. -. < * 0 page Seven -a. State Lands Commission Review. Prior to issuance of the coastal ,.elopment perpit, permittee shall obtain a written determination from the State ds Commission that: A. No State Lands are involved LI the development, or B. State Lands are involved in the development and all pedts required by the State Lands Commission have been obtained, or "'." -.-- ---. " ."""". "____ ___ __" " . - - c. State k-ds may be involved in the development, but pendiny a final determination an agreement has been made with the Sbte Lands CwrmiSSiOn for the project to proceed without prejudice to that determination. " ~ ""." .. . . " _. ..__ " . -, - . . - . . - - - . '. Findings and Declarations. .. The Commission finds and declares as follows: 1. Project setting and History. The subject site in a 10.15 acre parcel located ijacent to the north shore of A~ua Hedionda Lagoon immediately west of Interestate-5 1 the City of Cazlsbad (ref. Exhibit.#l). The configuration of the site is linear I an east/west direction being approximately 1150 feet in length while only about 25 feet deep in a north/south direction. Further, approximately 50% of the site is xnprised of steep slopes and low lying wetland area. Therefore, the applicant 5s roposing to construct 140 condominium units-on the approximately 5 acresof the elatively level portion of the site. Historically, the Codssion reviewed a large 380 unit condominium development roposed by the applicant (appeal #81-73, Papagayoj. That project involved the ,roperty subject to this application as well as most of the land to the north between he lagoon and Chinquapin Avenue. Ultimately the Commission approved the project (allowing 220 units); however, the approval was subject to conditions, one of which ieleted that portion of the project which is subject to the current application. The :oastal Conmission recognized that this portion of the property was the most sensi- tive from the standpoint of including environmentally habitats, steep slopes and the visually most prominent portion of the mesa top. The Commission found at that time that 3evelopment should not OCCUT on this portion of the property until a detailed plan for the Aqua Hedionda Lagoon area had been prepared by the City. Subsequently, after a long history of public hearings and negotiations, the City prepared and submitted to the Coastal Commission the Aqua Hedionda Land Use Plan (document dated May, 1982).and the Coastal Commission approved the Plan as submitted by the City. The Aqua Hedionda Land Use Plan contains detailed provisions which are intended to preserve and protect the unique scenic and natural resource values of the lagoon. The surrounding development consists of the earlier phases (220 units) of the Windsong Subdivision (aka Papagayo) to the north, Interstate-5 to the east, the AT & SF railroad and additiona1,multi-family residential to the west, and the steep sloping portion of the subject property and Aqua Hedionda Lagoon to the South. Further south of the lagoon is the San Diego Gas & Electric (SDG&E) Encina Power Plant west of 1-5 and agriculture east of 1-5. Views from the subject property, while not unimpeded by development because-of the SDG&E power plant, 1-5 and the railroad, are panoramic in nature. ** -* f* e -0 6-21;-51> ? Page Eight 4 2. Project Description. The proposed project involves subdividing the 10.15 :res into two parcels of 6.79 acres and 3.36 acres each and construction of a >tal of 140 condominium units. Also involved is the demolition of two single- rmily residences with garages, grading and site preparation including installation f utilities and drainage improvements, Because of the subterranean parking, approxi- ztely 68,000 cubic yards of cut is required and 2,000 yards of fill. The disposal ite for the 66,000' cubic yards of export is undetermined at this time; therefore, ?ecial-~ondition~#2~G"has been attached to insure that if the disposal site is in -- --.- ze coastal zone there will be no adverse impacts from erosion. The proposed structures are predominantly three stories with a height of 35 feet bove finished grade (ref. Exhibits #2, #3 and #4). Setback from the bluff top varies rom as little as approximately 20 feet to as much as approximately 150 feet averag- ng 40-50 feet. With the exception of the proposed 60 foot wide view corridor at the erminus of Harbor Drive;:the structures are visually contiguous for approximately ,100 feet in an east/west direction. Architecturally the buildings incorporate ex- ensive use of wood siding, glass and individual unit balconies. Parking for 348 ehicles is provided in the subterranean garage which exceeds the required number of paces. 3. Site Characteristics and Intensity of Development. While consisting of .O.lS acres only approximately 5 acres of the site is relatively level.and environ- lentally suitable for development. The remaining 5 acres of the site consist of iteep slopes (reference Exhibit # 5 1 and wetlands. The certified Carlsbad Aqua iedionda Land Use Plan (AHLUP) prohibits development on slopes over 25% grade and sithin the wetlands. Primarily because of the already developed phases of the Jindsong Shores proj'ect, the subject property is designated for development at LO-20 dwelling uriits per acre (du/ac) in the =UP. The proposed 140 unit project is equivalent to 14 du/ac when based on the entire site; the density is equivalent to 28 du/ac when based on the 5 acres actually being developed. By comparison, two recently Commission approved projects on similar bluff-top ?arcels adjacent to Batiquitos and San Elijo Lagooswere at a density of 19.6 du/ac md 6;s du/ac respectively based on the net developable acreage (ref. coastal Fennits 6-83-324 and 6-83-1701.. The subject development clearly represents a more . . intense development than previous Commission approvals. 4, Visual Impact. Section 30251 of the Coastal Act is applicable to the ?reposed -development and states : The scenic and visual qualities of coastal areas shall be considered and protected zs a resotlrce of public impxtance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of-natural landforms, to be visually compatible with the character of surro-mding areas, and, where feasible, to restore and enhace visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared-by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. 1 I1 * \. e 0 6-83-613 Page Nine -. In recognition of the unique scenic and natural resource values of Agua Hedionda Lagoon,.and in response to the above quoted section of the Coastal Act, the City of Carlsbad adopted detailed provisions in the Agua Hedionda Land Use Plan aimed at preserving and protecting the visual quality of the lagoon. The trains using the ATfSF Railroad, The Agua Hedionda LUP recognizes that the' lagoon and surroundings present a scenic open space break from the intense urban development characteristic of the Southern California coastal zone, A multitude of excellent views and vistas are afforded the public from such vantage points as found along Carlsbad Blvd., Interestate - 5, Ad- Avenue, the subject property, and Park Drive. As a result, the City of Carlsbad included the following policies in the LUP (reference page 48 of the LUPl which are relevant to the subject development: . "project site is highly visible from northbound traffic on 1-5 and from passenger . '- . 8.2 Special vista points and viewing.areas shall be pre- served, and made available to the pblic, as indicated on Exhibit K, (ref, Exhibit #6 attached to this report) 8.3 c) On all property adjoining the shoreline, permitted dev- elopment shall be designed to "step down" in height, to avoid casting shadows on shoreline areas and to produce a perceived transition from open space areas to developed areas; and d) Any development proposed to be located on or near a significant landform (e.g., Hedionda Point1 shall be designed so as to minimize disturbance of natural land- forms, and shall be developed in a manner that assures its compatibility and harmony with the natural landform through use of such architectural techniques as terraced or pole foundations and variation of roof lines to complement the topography. - - . .. . - 8,4 All new development in the plan area shall be subject to the provisions of the Carlsbad Scenic Preservation Over- lay Zone. " In response to the Notice of Preparation for the 'draft EIR, Coastal Commission staff recommended strict implementation of these provisions; this sxld require a substantial revision to the project reducing the intensity of use by approximately 1/3 of that proposed. e 6-83-613 0 Page Ten The Commission ‘finds that it has been a general guideline in previous pet decisions kef. permits 6-82-501 and 6-83-324) to repire approximately 1/3 of the width of the frontage on property bordering the lagoons to be reserved as open space in order to provide visual relief to the development - andi where appropriate, to provide view corridors and or public vista points. mementation of this general guideline as applies to this property is- - difficult in light of the existing development to the north and the condi- tiam of the bluff itself. For instance, a view corridor 1/3 the width of the property accomplishes little since the earlier: already built phase of the Wirnasong Shores project eliminate the public views. -Nevertheless, the subject praperty is visually promiriant and with.the applicht proposing a very intense development, and with the AHLUP requiring a public vista point at the termimus of Earbor Drive, application of design standards is-critical. ” ~ _.- Becuase of the unique circumstances involving the subject property the Codssion finds that a strict interpretation of the above policies would create an undue hardship on the applicant; however, the project as proposed does not adequately provide for protection of the scenic visual qualities of the lagoon. The project, with over 1,100 feet of lagoon frontage provides only for a 60 foot wide corridor at the terminus of Harhor Drive. The Commis- sion finds that by eliminating only six units, as shown on Exhibit-A, the view corzidor/vista point at the foot of Harbor Drive can be substantially enhanced for public use and enjoyment, and the visual impact of the project reduced. Special condition #I-3, and as shown on.Exhibit-A, would accomplish this objective . Of further concern to the Commission is the predominance of three-story stnxctures at the maximum 35 foot height limit in close proximity to the lagoon, The applicant is proposing a relatively dense development at 28 du/ac (net), The closest building is setback approximately 25 feet from the bluff edge with anaverage setback of 40-50 feet. This amount of setback is adequate, but ndexceptional. the Commission has established a guideline of at least a 50 foot setback from scenic coastal bluffs to protect visual resources and at least 100 feet if potential impact to sensitive habitat values exists. Typically, on a site of such public importance as a scenic resource, the Commission would hope to see low scale, relatively low density development containing ample view corridors and a variation (step-down) of rooflines as the development approaches the lagoon and associated resources. Section 30251 emphasizes that development in highly scenic areas should be subordinate to the natural setting, The residential development as proposed is not subordinate, but will dominate the scene from this visually prominent site. The proposed structures are predominantly 35 feet high arranged at various angles throughout the site. Since all the parking is underground, (generally a visual plus), the structures are essentially continguous which is not necessarily desirable on such a site, .. - .. .- ‘Y- .._ . C’ 1' ' e -0 ,. 6-83-613 Page Eleven - It could be argued that as the last phase of the Windsong Shores develop- ment, the entire project should be limited to one'and two story structures in compliance with Policy 8.3CcZ of the AHLUP. However, the Commission finds that since the parcel could be sold, such an interpretation is unreasonable. Nevertheless, a step-down desigr, is appropriate to the extent feasible and to a certain degree the applicant 'Bas proposed such a design; but, the Commission condition #1-C would reduce certain additional-.buildings as shown on Exhibit-B to two stories with a maximum height of 25 feet (resulting in the loss of three units) - .finds that further modification to the project design is necessary. Special . ... - - -. With the modifications and limitations required by special condition #1, the Commission finds the proposed project in conformity with Section 30251 of the Coastal Act and with the intent of the visual resource policies of the Agua Hedionda Land Use Plan. The.specia1 conditions will result in the net loss of nine (91. units; nevertheless, the project.wil1 still he within the 10-20 du/ac range designated in the AEILUP. Typically, when such a a range is given, it is on projects such as that proposed that the lower or middle density is desirable. Even with the reduction in density, the Commission is concerned about the pre- cedent this project would set. It is only because of the shallow north/south dimensions of the property, and the existing three-story buildings which are part of the earlier phases of the. Windsong 'Shores project located immediately to the north, that the Conmission is willing to consider building encroachments within 50 feet of the bluff.. This project should not be considered a precedent. . for other proj'ects within the viewshed of the lagoons where the existing develop- ment is not so dominate. Other conditions, besides that requiring'reduction in height of the struc- tures, which address visual impact of the project, require use of'wood or earth toned exterior materials and submittal: of a detailed landscaping plan. The use of specimen size trees around the project perimeter which at maturity will have substantial height and breadffi is emphasized. The purpose is to soften still further the visual. impact of the development, with particular emphasis placed on screening the large structures from I-5.with an ample number of trees. As so conditioned, the Commission finds the:project is consistent with Section 30251, the certified Agua Hedionda LUP and past Commission action, .. .. .. . 5. Lagoon Protection/Sensitive Habitat. The subject site is located on a terrace above and adj.acent to Agua Hedionda Lagoon and contains a portion of the lagoon. Section.-30240 of the Coastal Act is applicable to the proposed project and states: (a) knvironmentally sensitive habitat areas shall be protected agaihst any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. - k' 1) 0 6-83-613 Page Twelve Section 30231 is also applicable to the project and provides that: " .. . - The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible', restored . . through, . . . . . among other means, controlling runoff. ' - .-- - ."._ .L" ", .--. .- .. "". - - . . -.. . ". -., "._. - .- . ._ " . . The subject site includes the environmentally sensitive habitat (ref, Exhibit 7 1 of Agua Hedionda Lagoon on its low-lying portion. No development is proposed on lagoon portion of the property, The bluffs which separate the lagoon and associated wetland habitat from the upper marine terrace and proposed residential units will also remain in open space. Portions of the bluff are vegetated with the Coastal Sage Scrub community, a sensitive habitat recognized as appropriate for preservation in the policies of the certified Agua hedionda Land Use Plan, The EIR identifies the bluffs as a natural buffer between development and the lagoon. Additionally, the proposed residential development is setback an average of 40-50 feet from the bluff edge. This setback will. provide additional protection to the sage scrub community located on the bluff face and.the wetland areas, The low lying portion of property is part of the Agua Hedionda Lagoon arid is afforded special protection under Sections 30231 and 30233CcJ of the Coastal Act and in the policies of the AHLUP. This area includes limited coastal salt marsh, salt flat and eelgrass. the proposed development would not alter this area or its habitat values as documented in the EIR, and the wetland area is well buffered by the bluff, The Commission is approving the pro-&sed project with conditions that require a runoff control plan which assures no increase in peak runoff from the developed site. Also, the water must be discharged through an energy dissipator at lagoon level or at a non-erosive velocity. Adverse impacts of development adjacent to wetlands are mast often associated with the potential for increased runoff which transports sediment to the lagoon. The EIR addresses the fact that the potential for sedhcent to reach the lagoon from the developed site, with the required storm drain system and established landscaping, is not great. However, the greatest potential for degradation of the lagoon resources occurs during the construction phase. The attached conditions limit grading activity to the dry season and require that erosion control devices be installed and operating prior to October 1st. The erosion control devices may be installed concurrent with grading provided there is a bonded guarantee that they are in operation prior to October 1st. The conditions also provide for prompt hydroseeding of all disturbed slopes. The open space areas, must be fenced off during construction to help eliminate the encroachment of earth-moving equipment into sensitive habitat areas, These requirements help assure compliance with Section 30231 of the Coastal Act, The attached condition also addresses maintenance of the drainage iXPrOVeInentS, particularly the desilting basin. The requirement of installation of such devices in itself does not meet with the intent of Section 30231, unless the.devices are maintained. Therefore, the condition provides that maintenance arrangements be seaired before this permit is released. The arrangements shall Provide that maintenance be done on the basis of need rather than a fixed monthly schedule- Financing of the maintenance must also be assured, so, discussion of .- .. , '\ L a' e 6-23-513 Page Thirteen . .I Srojccted marntenarice costs is rec_ulrcci to ~SXUI~ proper cssessment fees- This is particuktrly appropriate if; I?ainterGncz is to te the re::For1sibiliy; 3: the homeowners' association. Only wiL\ thcsc conditicns canethe project be f~und to be consistent with Section 30231 of the Act. In order to increase the possibility *,at the proposed opn space areas will raain in pemncnt open space, thC Corndssion is requiring that the easements be offered for dedication to a public agency accept;tble to the Executive Director. In the case of the wetland area, the optik is given to dedicate that portion '_-.. .- . .-. . .-.- "" ." "_ ". " ___ __ . .-. - " . -._ - - _.-. . _. . . _.- - - - - "". . . - . . - -. of the proerty in fee to the Widlife Conservation Board-or Sther appropriata agency. Acquisition would also help assure that only uses compatible with the Mi9.tenaWe of the wetland as identified in Section 30233 of. the Coastal Act would be per- mitted within- this area.. Aqua Hedionda Lagoon is on; of the 19 coastal wetlands identified by the Dept. of Fish and Game in the report entitled, "Aquisition Priorities for the Coastal Wetlands of California", However, an offer ta dcdi- cste an easement, if accepted by an appropriate agency, would sene the sme purpose ,as an "in fee" dedication and would eliminete the potential for incomp tible uses within the lagoon, An irrevocable offer to dedicate an open space easement over the biuff ' face portion of the property is also required, however, rincr improvements are per- mitted, These improvements include installaticn of drainage and erosion control devices, landcaping, and potentially the publia pedestrian accessway. The Commission is requiring that the lzndscape and imprcrvcment plans for this open space area be acceptable to the Executive Director in consultation with the Dept, of Fish and Game. this is to guard against introduction of any species which are inherently noxious to or incompatible with the adjacent lagoon habitat consistent with Section 30240Cbl. The Dept. of Fish and Game has indicated that replanting should include south coastal sage scrub comun- -. ities which require no irrigation once established, Maintenance- .df all improvements witi.,in this open space area will be *.e responsibility of the homeowners' association and will he proviZcd for in the CCfRs. Because of.this maintenance liability, the Ccmission does not feel it appropriate to suggest that this area be offered for dedication in fee. The . accepting agency has.the discretion of accepting naintenance responsibility at the time of acceptance of the easement. The attached conditions provide for runoff and erosion control and naintenance of open space areas in a manner.c'onsistent with the requirements of Sections 30231, ' 30233, and 30240 of the Coastal Act and past Commission action on similar sensitive development. __ - . S.....'Public Access. The subject site is located between Aqua Hedionda Lagoon and conformity with the public access and recreation policies of the Coastal Act as re- quired by Section 30604(c) of the Coastal Act. Agua'Hedionda Lagoon is somewhat unique in its status as a multkpl-e-use wetland area. The lagoon provides an extensive range of water-related passive and active recreational uses, as well as providing habitat for a wide variety of.marine and terrestrial lifeforms. In preparing.and re- viewing the Aqua Hedionda LUP, the, City of Carlsbad and the Coastal Commission were keenly aware of the need to balance the competing uses. Because of this, while public access is desired, the LUP contemplates controlled access limiting the access to pedestrian use only and prohibiting. off-road vehicle activity. In this regards, . the first coastal roadway. As a result the Commission muit find the project in .. .. i' < " 0 6-2 ."--.,*; ->- Page Fourteen policies 7.1, 7.2, 7.3, and 7.9 of the LUP axe particularly relevant. These LUP policies were developed'in response to the Public Access and Recreation policies of the Coastal Act and state the fallowing: 7.1 Bicycl'e routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be insmlled at the locations indicated on Exhibit I. (ref. Exhibit - " -. . " ~ . .. "_. . ~ "". -.- . . .-." 9 attached to -this report) . " - 7.2 Pedestrian accessways shall be located as shown on Exhibit J. (ref. Exhibit 8 attached to this report) - 7.3 All paestrian trails shall be clearly identified through a uniform signing program, to be carried out by the city of Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Agua Hedionda Plan area. - Special condition #5 has been included to insure that public access improvements are provided consistent with the policies of the AHLW (ref. Exhibits g and 31. The condition..requires that the applicant develop a minimum five (5) foot wide pedestrian accessway along the bluff top or along the bluff face if the design is acceptable to the Executive Director in consultation with the Department of Fish and Game. It also requires recordation of an irrevocable offer to dedicate the access easements and improvements within the view corridor/vista point areas. With the special condition the Commission finds the project in.:conformity with the public access and recreation policies of the Coastal Act and with the provisions of the Agua Hedionda Land Use Plan. 6. Archaeological Resources, Geologic Hazards and Potential Public Trust Issue. The proposed development, as noted in the EIR, contains potentially significant archaeological resources. Special condition #6 requires that the applicant comply with the recommendation for mitigation containzd the EIR and made a part of the City of Carlsbad approval of the project. With this requirement, the Commission finds that the project tanforms with Section 30'rYY of the Coastal Act dealing with preservation of archaeological resources. With regards to geologic hazards, the lower portion of the property is within the LOO year floodplain and the bluff could be subject to erosion d.hring extremely heavy rainfalls and 100 year flood flows. The preliminary geotechnical study in- dicate the level of risk is very low and the Conmission concurs. Nevertheless, there are certain inherent risks in building near a bluff which slopes down to the 100 year floodplain; therefore, special condition #1 requiring recordation of a liability waiver condition has been attached by the Commission. With the special condition informing purchasers of the units of the potential hazards, and based on information in the preliminary geotechnical report, the Commission finds the project in conformity with Section 30253 of the Coastal Act which involves minimizing risks from hazards such as flooding. .. ' . . t' .' 0 0 6-83-613 Page Fifteen Finally, since part of the property is within the lagoon itself, the issue of thether public trust lands are involved is raised. Because the applicant is not ?reposing any development in the vetlands (lagoon), any public trust claims should lot be prejudiced and the special conditions requiring recordation of an open space zasement or fee dedication of the wetland area quarantees protection of the wetland in its arrent state, Nevertheless, in order to make the State Lands Commission __ .__. hware of this project; 'special condition #8 has been attached and found appropriate >y the Commission. With this condition the Cormnission finds that the project conforms lrith the provisions of Section 30all of the Coastal Act dealing with projects which lay involve public trust lands. 7. Local Coastal Program. Section 30604(a) of the Coastal Act also requires he Coastal Commission to find that project approval will not prejudice the ability If the local government to prepare a local coastal program that is in conformity rith the provisions of Chapter 3 of the Act. As noted in the previous findings, the zoject is in conformity with all applicable Chapter 3 policies. The project is also :onsistent with the certified Aqua Hedionda Land Use Plan w~ch was prepared by the :ity of Carlsbad. Therefore, the Commission finds that project approval will not rejudice the City in their developing the implementing ordinances of the LCP, and hat this permit should provide useful guidance to the City for the implementing rdinances phase of the LCP. - .Page Sixteen ,I 0 -. " 0 Application No. 6-83-613 0 STANDARD CONDITIONS : .. '1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of . . . the . - - terms . . . - and . .. . conditions, __ ... . -_ . - is . - returned - to ,_ _ the ' conmdission affice, .. - _. - - . . . . . . - 2. Expiration. If development has not commenced, the permit will expire two years-from the date on which the Commission'voted on the application. . Construction shall be pursued in a diligent manner and completed in a reasonable period of time, Application for extension of the permit must be made prior to the expiration date, 3. Compliance. -411 development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval . * 4. Interpretation, Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5, Inspections, The Codssion staff shall be allowed to inspect the site' and the development during construction, subject to 24-hour advance notice. 6, Assignment, The permit may be assigned to any qualified person, provided assignee.files with the Commission and affidavit accepting all terms and conditions of the permit. . . . . . . . . . . 7, Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and 'the permitee to bind all future owners and possessors of the subject property to the .. . terms and conditions, .. .' I* 4 *' < e *. -1 - -. i.-.-.-.- .-.-. I 1 C. -, .* 4. ,.-.@.@ -*., % FALIEROOK " .- -. . "..._" . - .-_- . .- WARNER 7 &una VI'>+% c = 0 A IMPERIAL SEAC MILES "', ,..o.~~:'"" """- ""~"_""""""" I t I ,CQ .. .. - EXHIBIT NO. APPLICATION NO. 6- 33- 613 - I &e3 rhwl ~ap ,,- - ,. L. *e I 0 -e .\ ?. .. . .. - " .. . * -z '7 0- '7. - Y, ". . s - r 1 171 EXHIBIT NO. I-,!) 1 APPLICATION NO. - __ 4 1 n Ir) Ma A x. -\ fJ> ; :-. - J : '.* * '; 4.' &,: f c ; i; -q I. 'L- L :Ly k.2" I I I- 3 0 v) 1 7 c "'.;b\ 1 > $?I 90' 3th {*\" ," . i;~d+, ii -/ 'I, ' .3-- 3 .I .TJ?> yJ -3&'P 4) -? "~"' * '1 .I") 1 L. Fq py27j 4: c <n 4' w I- v) w -8 3 i, i-I ri - -. .__ - Lid%r a??+ * 32-90 p X +- = 0 z : i, '.\ jrj ,. c L\vf .;: EXHIBIT NO. 3 -E f ? APPLICATION NO. 6-~3-6/3 bQp- IC 4 I E/ei*a+/enL . I- I t # nca a I ~/e&;E~ .' _- ,I *. .. .' $. ' I .-. 4 1 -. -. . .- - . ” .. . .. . . . - .. __ . .. - 3 IAPPUCATION NO. 1- I K2- - ,-: - ' ,4\ * .. 0 0 " EXHIBIT "k" PUBLIC PEDESTRSAN ACCESS .: ,i A STRIP OF LAND 50.00 FEET IN WIDTH LYING WITHIN LOT 5 OF CARLSBN TRACT NO. ACCORDING TO MAP THEREOF NO. 8107 FILED IN THE OFFlCE OF THE COUNTY RECORDER OF FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 5, SAID POINT BEING THE SOUTHEAStERLY PROLONGATION OF THE CENTERLINE OF HARBOR DRIVE AS SHOWN ON SAID MAP; THENCE SOUTH 24"47'43" EAST 304.86 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 5 DISTANT THEREON NORTH 72O25'39" EAST (NORTH 72"24'56" EAST REC.) 422.01 FEET FROM THE MOST SOUTHERLY CORNER THEREOF. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 5; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF NORTH 38'03'53" WEST (NORTH 38'04'22" WEST REC.) 125.83 FEET; THENCE LEAY ING SAID WESTERLY LINE, NORTH 56'16'56" EAST 70.85 FEET; THENCE NORTH 70"07'19" EAST 138.08 FEET; THENCE NORTH 58'47'52" EAST 21.90 FEET; THENCE NORTH 15'1l"52" WEST 30.66 FEET; THENCE NORTH 24"44'37" EAST 35.28 FEET; THENCE NORTH 70'09'50" EAST 86.48 FEET; THENCE NORTH 66'51'01" EAST 54.91 FEET; THENCE NORTH 71'14'28'' EAST 51.25 FEET; THENCE WORTH 65O46'13" EAST 113.37 FEET. 74-22, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAT€ OF CALIFORNIA, SAID COUNTY, MAY 1, 1975, AS FILE NO, 75-104002, SAID STRIP OF LAND LYING 25.00 T THE SIDELINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED so AS TO . TERMINATE IN THE NORTHERLY LINE OF. SAID LOT 5. r .r f "f)-. B,&;idJ [' c;E4w h, :;7? / /I .-Fz -1, ' c- . ).( *\,,.A+ Y U\\\,,\\,<*" r y.-= 'lb qc g&p!i*- - tty - .* " ' 4 \' e. 0 " EXHIBIT "Dl' PUBLIC PEDESTRIAN ACCESS A STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN LOTS 1 AND 2 OF CARLSBAD TRACT ACCORDING TO NAP THEREOF NO. 11484 FILED IN THE OFFICE OF THE COUNTY RECORDER 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: NO. 83-4, IN THE CITY OF CARLSBAD, COUNTY OF SAW DIEGO, STATE OF CALIFORNIA, OF SAID COUNTY, APRIL IO, 1986, AS FILE NO. 86-138666, SAID STRIP OF LAND LYING PARCEL 'A" . BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOTS 1 AND 2, SAID POINT EEING THE SOUTHEASTERLY PROLONGATION OF THE CENTERLINE OF HARBOR DRIVE AS SHOWN ON SAID VAP; THENCE SOUTH 24'47'43" EAST 88.45 FEET TO A POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 58'49'27" EAST 36.79 . FEET; THENCE NORTH 69'17'52" EAST 97.56 FEET TO A POINT KNOVN AS POINT "X"; THENCE NORTH 73'38'12" EAST 34.04 FEET; THENCE SOUTH 86'22'20" EAST 35.59 tttT; THENCE NORTH 74'34'18" EAST 36.29 FEET; THENCE NORTH 77'14'43" EAST 24.19 FEET; THENCE NORTH 72"42'37* EAST 29.96 FEET; THENCE SOUTH 73'45' 15" EAST 68.63 FEET; THENCE SOUTH 82'36'41" EAST 25.52 FEET; THENCE NORTH 58'33'31" EAST 37.63 FEET; THENCE NORTH 87'12'05" EAST 39.36 FEET; THENCE NORTH 63"24'39" EAST 32.77 FEET; THENCE SOUTH 86'08'18" EAST 27.65 FEET; THENCE NORTH 65'37' 13" EAST 35.23 FEET; THENCE MORTH 66'29'07" EAST 42.31 FEET; THENCE NORTH 74'06'48" EAST 12.36 FEET; ,THENCE . SOUTH 58'40'20" EAST 36.13 FEET TO TERMINUS OF SAID STRIP OF LAND. * PARCEL "B" BEGINNING AT SAM) POINT "X" IN PARCEL' "A" HEREIN ABOVE DESCRIBED; THENCE SOUTH 44' 41 ' 04" WEST ET; THENCE SOUTH 52'52' 14" WEST 236.91 FEET; THENCE SOUTH 46'21'40'41jEO:T LE.% FEET; THENCE SOUTH 42'00'12" WEST 25.26 FEET TO A POINT KNOWN AS POINT '2"; THENCE SOUTH 04'00'36" WEST 21.86 FEET; THENCE SOUTH 37O09'40" EASf 22.36 kEET TO TERMINUS OF SAID STRIP OF LAND. + PARCEL "C" BEGINNING AT SAID POINT "2" IN PARCEL "B" HEREIN ABOVE DESCRIBED; THENCE SOUTH 66'17'25" WEST.80.00 Fttr; THENCE SOUTH 60'22'36" WEST 91.00 FEET; THENCE SOUTH 54'47'57" WEST 72.00 FEET; THENCE SOUTH 51'53'30'' WEST 22.77 FEET TO A POINT ON THE MOST WESTERLY'LINE OF SAID LOT 2 BEING ALSO THE NORTHEASTERLY LINE . OF THE A.T. & S.F. RAILROAD RIGHT OF WAY 100.00 FEET WIDE, AND BEING NORTH 38'03'53" WEST 60.00 FEET MEASURED ALONG SAID NORTHEASTERLY LINE FROM THE SOUTHWESTERLY CORNER OF SAID LOT 2. THE SIDELINES OF SAID 10.00 FOOT STRIP OF LAND BEING PROLONGED. OR SHORTENED TO TERMINATE SOUTHWESTERLY IN THE NORTHEASTERLY LINE OF SAID RAILROAD RIGHT OF WAY. - ~~ , ., I 0 0 -.- [NI; 22" E 49" E 21" E 17" E 25" E 56" E 19" E 52" E 52" W 37" E 5 C" E 0f"E 28" E 43" E 28" E 13" E 24" E DISTANCE 15.08 103.37 11.24 16.94 129.01 70.85 138.08 21.90 30.66 35.28 86.48 54.91 45.48 86.4 5.78 1.1 3.37 ' 98.31 42" E 47" E 37 E an E 55" E 54" E 55" E 15" E 30" E 20" E 43" w 1 !"E 43" E 27" E 52" E 12" E 29'' E 10"E 43" E 37" E 15" E 41" E 31" E 05" E 39" E 1 E', E 13" E 07" E 40" E 21?" E 34" w 1S"W 40" w 12" w 36"W 40" E 25" ui 36" ui 57" W 30" tft' 53.67 60.29 41.14 59.3.7 56.27 46.48 52.48 54.63 54.54 50.66 38.26 9.95 90.61 36.79 97.56 34.04 35.59 36.29 24.19 29.56 66.63 25.52 37.63 39.36 32.77 27 65 35.23 42.3i 12.36 36.13 24.34 236.91 26.95 25.26 21.86 22.36 80.3C SI. 22 72. DG 22.77 - - SCALE /<,**I ~ /I i Wllvosor EASEFIE/ €XH/1 , v -s €XfiI/B/-TC 4ccE55 " I' 50' PUBLIC - -- FRSE MEN~ - " NOTE : - THi PEDESTRIAN WALKWAY SHALL BE A MINIMUM OF (5) FEET WIDE, ( FOOT WIDE EASEMENT SHOWN HEREON AND CONSTRUCTED WITH 4" TH: AS FIELD CONDITIONS DICTATE. PARCEL "C" SHOWN HEREON IS DEDICATED TO PROVIDE PEDESTRIAN A( RAILROAD RIGHT-OF-WAY. IT IS NOT REQUIRED THAT THE GIALKWAY \ :NG W3F2 CELTA RADIUS LENGTrf 51" E 83.67 113'34' 41" 50.00 28" E 83.67 113'34' 41" 99.32 76.38 50.00 99.12 76.38 TAN t , a. r 0 .. 5 ba SHORES r PLAT 7- Ma) N70'47' 21"E 289.12 / l3 1- r7AP NO. rf98.4 0-3x 349-32 1. U L( 1 Y/B/T 2 /' !'25' 39"W 1134.. 88 U L( 1 Y/B/T 2 /' !'25' 39"W 1134.. 88 .. ."""._ - - .. - - :ONSTRUCTED WITHIN PARCELS "A" AND "B" OF THE (10) [CK COKRETE AND/OR 4" PEA GRAVEL WXTH REDWOOD HEADERS XESS UESTERLY TO THE EASTERLY LINE OF THE A.T. & S.F. dITHIN PARCEL "C" BE CONSTRUCTED WITH THSS PROJECT: ' GOLD cor357 SURV€YM~G,T/I/C, JN 83c05/ hfYdD5udG SHORES _"" ~~ " ~ ~~ -... -. - *I ,/ a " .~ " 0 4542 RUFFSER STREET, SAS DIEGO, CA., 92111 .ppNqjj OK 1 G W6 CALIFORNIA COASTAL COMMISSION CALIFORNIA COASTAL COMMISSION 631 SOWARD STREET, FOURTH FLOOR SAN FRANCISCO, CA., 94105 Attention: MR. CHARLES SMITH Your No. CARDIFF PROPERTY LEGAL DEPARTMENT Our No. (SEARS SAVINGS) 101675 - 05 Dated as of DECEMBER 9, 1986 SUPPLEMENTING OUR PRELIMINARY REPORT DATED AS OF DECEMBER 2, 1986 ADDED ITEM NO. 19: AN "IRREVOCABLE OFFER TO DEDICATE!' EXECUTED BY SEARS SAVINGS BANK. AS OWNER. .TO CALIFORNIA COASTAL COMMISSION AND PUBLIC ACCESS EASEMENT FOR PASSIVE RECREATIONAL PURPOSES RECORDED DECEMBER 9, 1986 AS FILE NO. 86-573112 OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FILE AND PARTICULARS. ADDED ITEM NO. 20: * AN "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS: RECORDE? DECMEBER 9, 1986 AS FILE NO. 85-573113 OF OFFICIAL RECORDS . SAID DOCUMENT ADDITIONALLY PROVIDES FOR OPEN-SPACE AND SCENIC EASEMENTS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. ADDED ITEM NO. 21: ,. A "DEED RESTRICTION" RECORDED DECMEBER 9, 1986 AS FILE NO. 86-573114 OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PLEASE NOTE: OUR PRELIMINARY REPORT WITH T;IE SUPPLEMENT ATTACHED HERETO IS DATED DECEMBER 9, 1986 AT 10:26A.M. . " RICHARD BREMLER Title Off'-er y/-: . a e ~ ~ - -~ ~"_ "~- #f CONTINENTAL LAND TITLE COMPANY ~A:;~YE~s TITLE INsuwNcE CORPD8ATION A S'JBSI3iAiZY OF 4542 ~UFFNER STFEET " SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 MALIBU VISTA PROFESSIONAL CENTER 22761 PACIFIC COAST HIGHWAY SAN DIEGO, CA ATTENTION: NORM HAYNIE YOUR NO. SEARS SAVINGS BANK OUR NO. 101675-05 DATED AS OF DECEMBER 2; 1986 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE COMPANY t HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF TH DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AN THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHO OR REFERRED TO AS AN EXCEPTION,IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE FORMS. * THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM T.HE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEv ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPOR' THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED SHOULD BE REQUESTED. ,. PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POL11 THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMEN .THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY E1 2. AMERICAN LAND TITLE ASkOCIATION LOAN POLICY [I 3: AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [I 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B [I RICHARD A. BREMLER, TITLE OFFICER WQ& !4r/ W' - .. " ~ _" _"""I_". .""Z "- " ------.- " - e 0 ". SCHEDULE A f- ~ - THE ESTATE OR INTEREST IN THE LAND HEREINAFTEi? DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SEARS SAVINGS BANK, A CALIFORNIA COi?POt?ATION FORMERLY KNOWN AS ALLSTATE SAVINGS AND LOAN ASSOCIATION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORN] COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 1 AND Z OF CARLSBAD TiiACT NO. 83-49 ,IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 11484, FILED IN THE OFFICE OF THE COUNTY I'IECORDER OF SAN DIEGO COUNTY, APRIL lo! 1986, EXCEPTING THEREFROM THAT PORTION OF SAID LAND, IF ANY, HERETOFORE ( NOW LYIrlG BELOW THE MEAN HIGH TIDE LINE.OF THE PACIFIC OCEAN. SAID LAND WAS KNOWN AS LOT 5 OF MAP NO. 8107. 1 T .- r /' ... @ SCHEDULE B 0 .r OS~E;~ r.10 i3ij75-35 AT THE DATE HE,?EOF EXCEPTIONS TC) COVEHAGE IN ADDITION TO THE PIII?JTED EXCEP.- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIl REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIEC FOR THE FISCAL YEAR 1986 - 1987 WHICH ARE A LIEN. FIRST INSTALLMENT: DUE AND PAYABLE SECOND INSTALLMENT: NOT YET DUE BUT PAYABLE 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. ANY ADVERSE CLAIM BASED UPON THE ASSERT.ION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. AFFECTS ONLY THAT PO2TION OF LOT 5 LYING SOUTHERLY OF THE FOLLOW.ING DESCRIBED LINE: ' COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 5 DISTANT 100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTHEASTERLY 480 FEET TO A POINT DISTANT 170 FEET AT RIGHT ANGLES FROM THE SOUTHERLY 8OUNDARY THEREOF; THENCE NORTHEASTERLY PARALLEL TO SAID SOUTHERLY BOUNDARY A DISTANCE OF 240 FEET; THENCE EASTERLY TO A POINT ON THE EAST LINE THEREOF DISTANT 60 FEET NORTHERLY FROM THE SOUTHERLY CORNER OF SAID LOT 5. 4. SUCH RIGHTS AND EASEMENTS FOR NAVIGA.TI0N AND FISHERY WHICH MAY EXIST OVER THAT PORTfON OF SAID LAND LYING BENEATH THE WATERS OF: THE AGUA HEDIONDA LAGOON AFFECTS ONLY THAT PORTION OF LOT 5 LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE WESTERLY LINE 'OF SAID-LOT 5 DISTANT 100 FEET NORTHWESTEflLY FROM THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTHEASTERLY 480 FEET TO A POINT DISTANT 170 FEET AT RIGHT ANGLES FROM THE SOUTHERLY BOUNDARY THEREOF; THENCE NORTHEASTERLY PARALLEL TO SAID SOUTHERLY BOUNDA2Y A DISTANCE OF 240 FEET; THENCE EASTERLY TO A POINT ON THE EAST LINE THEREOF DISTANT 60 FEET NORTHERLY F8OM THE SOUTHEASTERLY CORNER OF SAID LOT 5. .- 5. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: WATER PIPE LINES RECOilDED: AUGUST 31, 1925 IN BOOK 1107, PAGE 323 OF DEEDS AFFECTS: THAT PAAT OF TRACT 233 OF THUM LANDS, AS SAID TRACT IS SHOWN ON MAP NO. 1681 OF SECORD IN THE BOUNDED BY A LINE DESCRIBED AS FOLLOWS: OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, .. .. * ' - 5CHLa-E 3 PAGE ND. 2 0.73. NJ. l,;i$?5--?3 c, COMN;~.ICI,\~G AT T+I-IE MSST :404Td?/ESTEdLY COJNE;? or 5x3 T:IA;T 2>3, :iU:.INi:.\1G T+IE;\ICE ,\iG.?TY 61'21' EAST A DiST4NCE CIF 36L.20 FEET T3 A P3:xT 9F 3EGIdr.IIiiG; TYENCE f401lTH 61"Zi' EAST A DISTANCE OF 376.7C FEET ALONG THE NORTHERLY 5OUNDAfiY LINE OF T,'iACT 233 AHICH IS ALSO TilE SOUTHERLY BOUNDAiiY LINE OF CHINQUAPIN AVENUE TO A POINT; THENCE SOUTH 28'39' EAST A DISTANCE OF 1,033.32 FEET TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF TRACT 233; THENCE SOUTH 72'52' WEST ALONG THE SOUTHE BOUNDARY LINE OF SAID TRACT, A DISTANCE OF 383.84 FEET TO A POINT; THENCE NORTH 28'39' WEST, A DISTANCE OF 959.62 FEET TO POINT SF BEGINNING. 6. AN EASEMENT FOH THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA TELEPHONE COMPANY PURPOSE: UNDERGROUND TELEPHONE STRUCTURES HECORDED: NOVEMBER 10, 1941 IN BOOK 1272, PAGE 224 OF AFFECTS: A STRIP OF LAND 15 FEET WIDE, ACROSS THE OFFICIAL RECORDS CENTER LINE OF SAID 15 FOOT STRIP IS DESCRI8ED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF ATCHISON, SOUTHEAST CORNER OF TRACT 233 OF .THE THUM LANDS, SECTION 7, TOWNSHIP TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, FROM WHICH POINT THE 12 SOUTH, RANGE 4 WEST, LIES SOUTH 38'03'30" EAST, 145.79 FEET; THENCE NORTH 72'25'00" EAST, 1201..18 FEET; THENCE NORTH 63"44'20" EAST, 26.92 FEET AND FROM SAID POINT OF BEGINNING EXTENDS SOUTH 64'31'44" EAST, 15.07 FEET; THENCE SOUTH 37'57'50" EAST, 131.90 FEET TO A POINT TERMINATION IN THE SOUTH LINE OF TRACT 233, POINT OF TEH- MINATION THE ,SOUTHEAST CORNER. OF TRACT 233, THUM LANDS, SECTION 7, TOWNSHIP 12 SOUTH, RANGE 4 WEST, BEARS NORTH 72'25'00" EAST, 1194.25 FEET; THENCE NORTH 63'44'20" EAST. T 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: COMMUNICATION STRUCTURES RECORDED: SEPTEMBE2 3, 1957 IN BOOK 6733, PAGE 90 OF AFFECTS: THE SOUTHWESTERLY 3 FEET OF SAID PROPEZTY, OFFICIAL RECORDS POLE LINE TO BE LOCATED ADJACENT TO PROPEdTY LINE i .. 8. THE FACT THAT 'THE .OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT. RECORDED: NOVEMBER 2, 1966 AS FILEIPAGE NO. 174640 OF OFF: AFFECTS: THE EASTERLY BOUNDARY OF SAID LAND CIAL RECORDS - Oi?DEti NO. lr31675-25 ‘8 .- .* 9. 10. 11. 12. 13. AN EASEMENT FOR THE PURPOSE SHOWN 8ELOW AND RIGHTS Ir\lCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: UTILITIES WITH THE RIGHT OF INGRESS AND EGRESS FOR THE CONSTRUCTION AND MAINTENANCE OF SEWER MAINS AND APPURTENANCES,. WATER MAINS AND APPU2TENANCES, TOGETHER WITH THE RIGHT OR INGRESS AND EGRESS FOt? PUBLIC RIGHT OF INGRESS AND EGRESS FOR PUBLIC REFUSE VEHICLES AND EMERGENCY VEHICLES OF OFFICIAL RECORDS MAP NO. 8107 RECOilDED: NOVEMBER 4, 1974 AS FILEIPAGE NO. 74-292083 AFFECTS: THAT PORTION OF SAID LAND AS SHOWN ON SAID AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: OPEN SPACE, TRAIL SYSTEMS AND ENJOYMENT BY RECORDED: NOVEM8Eil 8, 1974 AS FILE/PAGE NO. 74-296995 THE PUBLIC OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID CAND AS SHOWN ON SAID MAP,NO. 8107 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THER AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF TRACT: ’i 8045 RECORDED: DECEMBER 2, 1974 PURPOSE: PUBLIC ASSESS AND OPEN SPACE EASEMENT AFFECTS: THAT PORTION OF SAID LAND AS SHOWN ON SAID MAP AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE F0R.FULL PARTICULAB DATED: OCTOBER 24, 1985 BY AND BETWEEN: SEARS SAVINGS BANK, A ‘CALIFORNIA CORPORATION A REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: NOVEMBER 19, ‘1985 AS FILE/PAGE NO. 85-436950 0 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OFFICIAL RECORDS f REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE 2IGHTS 0 RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: - ACCESS IN AND TO HARBOR DRIVE ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH - .. . . ?" , I 2: a e SCHEDULE 8 PAGE N3. 4 02~2 rJ3. 1:Ii 575-3 j 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETC AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF TRACT: 11484 RECORDED: APRIL 10, 1986 PURPOSE: OPEN SPACE AFFECTS: REFERENCE IS HEREBY MADE TO SAID MAP FOR FULL PURPOSE: 50' PUBLIC ACCESS AFFECTS: REFERENCE IS HEREBY MADE TO SAID MAP FOR FULL PARTICULARS PARTICULARS 15. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY IMPLIED DEDICATION TO THE PUBLIC, OVER SAID LAND OR ANY PART THEREOF, FOR ACCESS OF ADJOINING BEACH OR BODY OF WATER FOR RECREATION PUR- POSES. 16. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF SAID LAND THAT IS SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. AN INSPECTION OF SAID LAND HAS BEEN ORDERED; UPON ITS COMPLETION WE WILL ADVISE YOU OF OUR FINDINGS. 17. INFORMATION IN POSSESSION OF THE COMPANY INDICATES THAT A DIVISION OF LAND, AS DEFINSD'IN GOVERNMENT CODE SECTION 66424, IS CONTEMPLATED IN EXISTING PARCEL OF LAND, AND INVOLVES THE LAND DESCRIBED IN THIS THE CURRENT TRANSACTION OR HAS BEEN DIVIDED FROM A PREVIOUSLY REPORT. SUCH D'IVISION OF LAND OR CONTEMPLATED DIVISION OF LAND, WOULD APPEAR TO FALL WITHIN THE PURVIEW OF THE SUBDIVISION MAP ACT (COMMENCING WITH GOVERNMENT CODE SECTION 664101, AND AS A PRERE- QUISITE TO THE ISSUANCE OF FINAL TITLE EVIDENCE AT LEAST ONE OF THE FACTION: .- FOLLOWING REQUIREMENTS MUST BE ACCOMPLISHED BY THIS COMPANY'S SATIS- (A) THAT A FINAL (TRACT) MAP HAS BEEN RECORDED IN'COMPLIANCE WITH THE SUBDIVISION MAP ACT AND RELATED ORDINANCES; (B) THAT A PARCEL MAP HAS BEEN RECORDED IN COMPLIANCE WITH THE SUB- DIVISION MAP ACT AND RELATED ORDINANCES; OR < r , (C) THAT A CERTIFICATE OF COMPLIANCE AS PROVIDED FOR IN THE SUB- DIVISION MAP ACT HAS BEEN RECORDED; OR THAT OTHER SATISFACTORY EVI- DENCE INDICATING COMPLIANCE OF NON-VIOLATION BE FURNISHED. 18. THE REQUIREMENT THAT THE COMPANY BE PROVIDED WITH TWO (2) PRINTS OF THAT THE COMPANY MAY ISSUE ITS GUARANTEE FOR SAID TRACT WHEN CALLED THE FINAL MAP NAMED HEREIN APPROVED BY THE LOCAL AGENCY, IN ORDER FOR BY THE CITY, MAP NO. FINAL MAP, CONDOMINIUM PLAN. ~ - """ c 9 e SCYE3ULE 3 PAZE NO. 5 ~122~2 :JS. 12ij75-35 -. NOTE NO. 1: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSE AND THE AMOUNTS ARE: FISCAL YEAH 1986 - 1987 1ST INSTALLMENT: $36 , 957.89 PAID PENALTY: $NONE 2ND INSTALLMENT: $36,957 e89 OPEN PENALTY: $NONE EXEMPTION: $NONE LAND: ~7~000,000~00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 206-222-22 NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSE: AND THE AMOUNTS ARE' 1ST INSTALLMENT: $24,784.28 PAID PENALTY: $NONE 2ND INSTALLMENT: $249'784.20 OPEN PENALTY: $NONE EXEMPTION: * $NONE LAND: $6,891,151.00 PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 859-021-66-55 INQUIRIES REGARDING THE ORIGINATION DATE AND PURPOSE OF THE ABOVE REFERENCED PARCEL SHOULD BE MADE TO THE ASSESSORS OFFICE AT 236-3852 FISCAL YEAR 1986 - i987 IMPROVEMENTS t 7 8-5 9 686.00 r # t 0 e XHIBIT 1 W 9 0 7::3':2;,9:c ! 0764 "= "__ Recording Requested by and When Recorded Mail To: ~." ." .~ . .A.z_ : : .. . -. . - ___...._....-- . F.""... . " .._"._,._ . - __.. - :.. . --.- .. . -"...~. _.. .~ - . :- . . .. ~. . . . - . .. . . . .. - ~. ". . . ..: . .~ City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 c.n ?"t. ; - E=< c" ; q .-.- -.>A 7 5 ." :,"- -. : -3 5;: i j' 3 G i i, : .: .'. - " . " :- -., - _._" .: . I ~ .- ,. = lli "". . li . - . ~ .. . ,- i "." .___"_ .. . .. ..-.- -:, i j :-&" L , i - - - . .." "";.,iii .I = _,"Y -_I ~. CERTIFICATE OF ACCEPTANCE Mo FEE This is to certify that f -4- .- hereby accepts the Offer to Dedicate for Permit No. 6-83413 Executed by: Sears Savings Bank on October 30 , 19x and recorded on December 9, 1986 As Instrument No. 86-573113 of the Official Records in the Office of the Recorder of " San Dieqo County. February 9, 1989 BY A$$ M(T E!!Wed r k I Dated For The City of Carlsbad - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 On February 9, i989 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz 9 15s /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. **********X*******a$~~~~~~;~.~.~~, * owclAL SEAL. P * * * KAREN R. eijNDTZ i NGTHRY PUBL~C-C$,::FOU%!: >k SAP: DiER! CO~JNSI :? f * MY Conrn. Exp. Sept 17, 19~~ I Q***:~*Q*************L,*tr* .,c..... Notad Publicdn & f& said County and State I I' ;.' I . 1 2 3 4 5 d:c~r?:~5 ,r-;;z=ted hv and When 2ecorded RetGao: California Coastal Comission 631 Howard Street, Fourth Floor San Francisco, California 94105 Attention: Legal Department WSftDlftG REQULSTU) BY u)NlllF.NTM URD flm IO(67S-OS 0 3% '5'7.3 I I 3 I- 7 LClircrv fcEc:;?[]cn bo FR RECOf?LJFD IN oPFFIC:IAL r~Fcong- A*'ei' flfC -9 AH /@ 28 rf! 9 -AH ~!CCO t3aNry. cA. VERA L. L'fLF 4 This instrument filed fur record by Continental Land Title as an accomodation only. It has not been examined as IO its execution or as to its effect upcln the tik IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATIONS OF RESTRICiIONS THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN-SPACE EASEMENT AND DECLARATIONS OF RESTRICTIONS (hereinafter "Offer") is made this (1) October 30 . , 19 86 , by (2) Sears Savings Bank (hereinafter referred to .. - as "Grantor"). WHEREAS, Grantor is the l egal owner of a fee interest of. certain a1 properties located in the County of (3) San Diego . -. ate of California and described in the attached Exhibit A (hereinafter .' ferred to as the "Property"); and WHEREAS, all of the Property is located within the coasta1,zone defined'in Section 30103 of the California-Public Resources Code [which e is hereinafter referred to as the "Pub1 ic Resources Code"); and WHEREAS, the California Coastal Act of 1976, (hereinafter rred to as the "Act") creates the California Coastal Conmission einafter referred to as the "Commission") and requires that .any lopment approved by the Comission must be consistent with the policies he Act set forth in Chapter 3 of Division 20 of the Public Resources NHEREAS, Pursuant to the Act, Grantor applied to the Commission '27 zr PAPER 181 ,SZY 8.721 , OP ChLl?OnUlA e46P for a permit to undertake development as defined in the Act within the - * be .. :..,I -J * .1 2 3 4 5 6 7 8 9 10 11 - 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 PER - hLl?OlNIfi ncv. m.Ta(1 . e -2- 0 r coastal zone of (4) Sari Diego "Permit"); and d ' County (hereinafter the . WHEREAS, a coastal dev6lopment permit, No. (5) . 6-83-613 was granted on (6) accordance with the provisions of the Staff Recomnendations and.Findings (Exhibit E) attached hereto and hereby incorporated by reference, subject to, the fol 1 owing condition: (7) . See attached Open Space Dedication,PAGE 2~ December l3 , 19 83 , by the Commission in - ~ I I- i .. I 8 .- ~ " .. -. .- .. I i ~ ,. I. e WHEREAS, the Commission, acting on behalf of the People of ttie State of California and pursuant to the Act, granted the Permit to the Grantor upon condition (hereinafter the "Condition") requiring inter alia , . that the Grantor record a deed restriction and irrevocable offer to - dedicate an open-space easement over the Property and agrees to reitrict - * development on and use'of the Property so as to preserve the open-space and scenic values present on the property and so-as to prevent the adverse I , .* f ..J ' 0 epEcm...&.&hoN 0 '_. .L . .. .. . . ...-..." ." ,. Open Space Dedication Prlor to issuance of the permit, the applicant shall submit evidence to the satisfaction of the Executive Director that one of the following a1 ternati ves has been accompl ished; either: A. Prior to issuance of the permit, the applicant shall record an irrevocable offer to dedicate to a public agency, or to a private association acceptable to the Executive Director, an open space easement over the area described as follows: The bluff face portion of proposed Lots 1 and 2, as shown on Exhibit C attached to this permit, and all of the wetland area as shown on Exhibit C. The document shall include legal descriptions of both the applicant's entire parcel and the easevent areas and shall prohibit any alteration of landforms, placement or removal ef vegetation, or erection of structures of any type unless approved by the Coastal Commission or its successor in interest, except as specified herein. Public pederstrian trails, erosion control structures, underground easements, observation points and landscaping shall be permitted, as approved by the Executive Director in consultation with the Dept. of Fish and Game, pursuant to the terms and conditions of coastal development permit 6-83-613. Any improvements permitted in this area shall be maintained by the homeowner's association, and maintenance shall be provided for in the CC&Rs of the subdivision. The accepting agency shall have the discretion of accepting maintenance responsibility at the time of easement acceptance. Such easement shall be recorded free of prior liens except for tax liens and free of prior encuwbrances which the Executive Director determines may effect the interest being conveyed. d The offer shall run with the 1 and in favor of the People of the State of California, binding successors and assigns of the appl icant or 1 andowner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. or 6. Prior to issuance of this permit, the applicant shall dedicate in fee title, to the Mil dlife Conservation Board of other pub1 ic agency acceptable to the Executive Director, that portion of the property shown on Exhibit C as wetlands. The remaining open space shown on Exhibit C (the bluff face) shall be offered for dedication as provided in 5A above. - -2A- .*- *(..* I e 'J' e I direct and cumulative effects on coastal resources and public access to the coast which could occur if the Property were not restricted in accordance with this Offer; and WHEREAS, the Comission has placed the Condition on the permit . use a finding must be made under Public Resources Code Section 30604(a) 6 that the proposed development is in conformity with the provisions of .I 7 Chapter 3 of the Act and that in the absence of the protections provided by 8 the Condition said finding could not be made; and .. I 4 r PAPER DI CALIIOIMIA $3 IRCV. ..TI1 0s. YIII. . WHEREAS, Grantor has elected to comply with the Condition and execute this Offer so as to enable Grantor to undertake the development authorized by the Permit; and IX. WHEREAS, it is intended, that this Offer is iirevocable and shall constitute enforceable restrictions within the meaning of- Article XI11 s Section 8 of the California Constitution and that said Offer when accepted' - .shall thereby qualify as an enforceable restriction under the provision of the California Revenue and Taxation Code, Section 402.1; .. - NOW THEREFORE, in consideration of the above and the mutual - benefit and conditions set forth herein, the substantial public benefits - for the protection of coastal. resources to be derived, the preservation of - the Property in open-space uses and the granting of the Permit to the owner by the Comission, Grantor hereby irrevocably offers to dedicate to the State of California, a political subdivision or a private association acceptable to the Executive.Director of the Commission (hereinafter, the "Grantee"), an opeh-space easement in gross and in perpetuity for 1 ight, air, view, and for the pyxervation of scenic qualities over that certain portion of- the Property specifically described in Exhibit B (hereinafter - the Protected Land); and I i a. 11 0 a .i ’- .I I -4- This Offer and Declaration of Restrictions subjects the Property o the following terms. conditions. and restrictions which shgll be ffective .from the time oE recordation of this instrument. 1. USE OF PROPERTY. The use of the Protected Land shall be imited to natural open space for habitat protection, recreation. nd resource conservation uses. No development as defined in Public esources Code Section 30106. attached hereto as Exhibit C and corporated herein by reference. including but not limited to teration of laAdfOrIW. placement or removal of vegetation. ading. paving. or installation of structures such as signs. ildings. etc. shall occur or be allowed on the Protected Land with e exception of the foiloving subject to applicable governmental gulatory requirements: (a) the removal of hazardous substances or conditions or seased plants or trees;. (b) the removal.of any vegetation which Constitutes or nttibutes to a fire hazard to residential use of neighboring operties. and which vegetation lies within 100 feet of existing or rmitted residential development: a (c) the installation or repair of underground utility lines and ptic systems.. (d) public pedestrian trails. erosion control structures. derground easements. observation points and landscaping as proved pursuant to the terms and conditions of Permit 6--83-613: 2. RLGHT OF ENTRY. The Grantee or its agent may enter onto the operty to ascertain whether the use restrictions set forth above e being observed at times reasonably acceptable to the Grantor. r PAPER W CALIIORMIA 13 (REV. a-721 O8C I 1 3. BENEFIT AND BURDEN. This offer shall run with and burden th i 1 ,. .I . .# *? /I e -5- 0 operty, and all obligations, terms. conditions, and restrictions reby imposed shall be deemed to be covenants and restrict'iibs nning with the land and shall be effective limitations tm the as.s the Property from the date of recordation of this docunent and all bind the Grantor and all successors and assigns. ~nis OEEZZ t all benefit the State of California, 4. CONSTRUCTION OF VALIDITY. If any provision of these strictions is held to be invalid or for any reason bsccmss enforceable, no other provision shall be thereby aftectsd or 5. EMFORCEMENT. my act or any conveyance, amtract, or tion whether written or oral by the Grantor which '358s or se to be used or would permit use of the Protected Land to the terms of this Offer vi11 be deemed a breacfi hetaof, ee may bring any action in court. necessary to enfozce t2ir eluding but not limited to injunction to terminate 3 activity, or iin action to enforce the terms-and provisfo! specific performance. It is understood and agrsed that H ee may pursue any appropriate legal and equitabla The Grantee shall have sole discretion to datarain;. und: urnstances an action to enforce the terms and conditions 0: r shall be brought in law or in equity. Any forbsazance 4 of the Grantee to enforce the terms and provisiocs hereof ent of a breach shall not be deemed d waiver of Gzantee's garding any subsequent breach. i l- 6, TAXES AND ASSESSMENTS. Grantor agrees to pay of CZUSLL t3 b real propecty taxes and assesssents levied or assessed I Rf PAPER r or CALIVORNIA I I3 IRLV. 0.721 on? It against the Property. " .- . .. ~- ..-. I -6- I. ' .# e a ~..MATNTENAFJCE. The Grantee shall not be obligated to maintain, prove, or othervise expend any funds, in connection with the's operty or any interest or easement created by this Offer. All sts and expenses for such maintenance, improvement use: or ssession. except for coets incurred by grantee for monitoring mpliance with the terms of this easement. shall be borne by the TABILITY AND INDEMNIFICATION. This conveyance is made and upon the express condition that the Grantee. its agencies, nts, officers, agents, and employees are to be free from all y and claim for damage by reason of any injury to any person ns. including Grantor, or'propetty of any kind whatsoever - 13 14 15 16 17 18 . 19 20 21 and to vhomsoever.be1onging. including Grantor. from any cause or causes whatsoever. except' matters arising out of the .sole negligence of the Grantee. while in. upon, or in any way connected with the Property, Grantor hereby covenanting and agreeing to indemnify and hold harmless the Grantee. its agencies, departments. officers. agents. and employees from all liability. loss. cost. and obligations on account of or arising out of such injuries or losses however occurring. The Grantee shall have no right of control over nor duties and responsibilities with respect to the Property which / . would subject -the Grantee to any liability occurring on the land by virtue. of the fact that the right of the Grantee to enter the land is strictly limited to preventing uses inconsistent with the interest granted and does not include the right to enter the land for the purposes of correcting any dangerous condition as defined bl' California Government Code Section 830. - 'APLR CALlFORWIA (REV. &711 I? I .. ... . - . . . ._ . -. ". - .. ~ -. .. I. -.. - I, 0 . 0 -7- . 9. SUCCESSORS AND ASSIGNS. The terns. covenants. conditiozs. exceptions, obligations. and' reservations contained in this &E'er shall be binding upon and inure to the benefit of the ~uccesso~'s and agsigng of both the Grantor and the Grantee, whether voluatary or # 4 linvoluntary. I 10. TERM. This irrevocable offer of dedication shall ba binding upon the owner and the heirs, assigns, or successors in int2tsst to the Property described above for P period-of 21 years. Upon recordation of an acceptance of this offer by the grantes in the form attached hereto as Exhibit D. this offer and terns, corditions, and restrictions sha1.1 have the effect of a grant of ogen-ar>acs and scenic easement in gross and perpetuity for light, ais. viav and the reservation of scenic qualities over .the open-space area that. shall un vith the land and be binding on the parties. heirs, -assigns, and Acceptance of the Offer is subject to a covenant vhich rum vith raviding that any .offeree tc accept the easemsnt may not but must instead offer the easement to other publi2 - I, private associations acceptable to the Executive the Commission for the duration of the term of the , I fer to Dedicate. this ?nth day 'of October , 1986 Glendale. California ngs Bank, a California Corporation n*u - BY r. qLeq& Bv R.w- PWd24 - - Vice President .Vice President 271 Richard C. Fuqate Steven P. Duffield TYPE OR PRINT NAPE ABOVE TYPE OR PRINT NXG ABOm X 01 ULI~ORMIA ur PAPER 113 CRLV. 0-72) . . .. -. . .. “0 TE TO NOTARY PUdq: . If yoor are notartzing the signatures of anyone stgning on behalf of 8. trust, corporation, partnership, otc. , pt ease use the correct notary jurat * (acknowledgknt) as explained .in your Notary Law Book. State of California 11. ” SATE OF CAlFORNIA - I COUNlYOF Los Angeles Is. lY On this 30th dayof October I 1986 , before me, the undersigned 0 %tory Fvblic in and for said Couniy and State. personally appeared personalh/ known to me ( C 0 Richard C, Fuqate + to be the person who executed i the within instrument as ”, ffipl d personally of or on behalf of tt7e cowation, and acknowledged to me that such - to be Re person who executed the within * g corporation executed the same. punuant to its laws, or a resolution of its Board of Directors. - - 12 H .. 13 3 WITNESS nd and official seal. C NOTARY PUBUC - CALlfO 14 Signatu 15 16 17 TI 102 - Karen K. Spisak LND (This area for official seal) Name (Typed or hinted) .. ? PAP- or uLwm-” 13 tarSv. 0-72s ow .. .. . .. . - . > - c -. .i e e -1 I This is; to: mify that the offer Of dedication set forth above is reby aCknm1-d by the undersigned officer on behalf of the California asta1 ~omfisriirrm rpursuant to authority conferred by the California granted Coastal Development No. 6-83-613 - Beceder 33, 11983 t and the California Coastal Comission consents recordatton *=of by its duly authorized offic w L ebw, 5Lk *e" JhcFc &-s4 - .. California Coastal Conmission OF California 1 .* Y OF San Franciso ) X ? a. Pub1 i c , persma11Y appeared ally known to e to be (Or Proved to me on the basis of satisfactory ce) to be the Frson who executed this instrument as the s and authorized representative of -the - rnia Coastal Comission .and acknowledged to me that the California 1 tomission executed it- . itness my hand and official seal : NOTAW PUBUC - CALIFORNIA ITY AND COUNTY Of SAN FRANCIS@ I Nota& Public in and for said u County and State * 26 27 APER ,,,Lv *.')a* :ALICORYl*. " . - a . -0 EXH I8 IT .A Property .. * LEGAL DESCRIPTION Lot 5 of Carl sb@d Tract No. 74-22, in the City of Carlsbad, Cointy of filed in the Offlice of the County Recorder of Sari Diego County, May 1, 1975, excepting .- <herefrom that portion, if any, heretofore or now lying below the mean h-lgh tide line Of the Pacific Ocean. " ~ Sari ai ego, state? of Cal i fornia, according to #Map thereof No. 8107, .. .-. -. ~ -..-.e- ....." - - "." ". ." " .- __. ._. - I". .- .- . - .. < 0 v . .. i I' i .i 1 - * 0 0 .a EXHIBIT OB" Protected Land THAT PORTION OF LOT 5 OF CARLSEAD TRACT NO. 74-22, IN THE CITY OF CARLSBAD, COUtllY OF SAN DIEGC, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF t!O. 8107 FILED IN THE OFFICE OF THE COUNN RECORDER OF SAID FOLLOHS: BEGINNING AT THE MET SOUTHERLY CORNER OF SAID LOT 5; THENCE NORTCfERtY ALONG THE KESTERLY LINE THEREOF NORTH 38'03'53" WEST (NORTH 38'04'22" WEfl RfC.) 125.83 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 56'16'56" EAST 70.85 FEET; THENCE NORTH 70'07'19" EAST 138.08 FEET; THENCE NORTH 58'47 ' 52" EAST 21.90 FEET; THENCE NORTH 15"11'52" '. WEST 30.66 FEET; THENCE NORTH 24'44'37" EAST 35.28 FEET; THENCE NORTH 70'09'50" EAST 86.48 FEET; THENCE NORTH 66'51'01" EAST 54.91 FEET; THENCE NORTH 71O14'28" EAST 51.25 FEET; THENCE NORTH 65'46'13" EAST 113.37 FEET; THENCE NORTH 78'18' 24 " EAST 98.31 FEET; THENCE NORTH 77'14'42" EAST 53.67 FEET; THENCE NORTH 85'03'47" EAST 60.29 . FEET; THEt!CE SOUTH 86'29'37" EAST 41.14 FEET; THENCE WORTH 86'14'22" , , 80'42'54" EAST 46.48 FEET; THENCE WORTH 63'18'55" EAST 52.48 FEET; . THENCE NORTH 78'06'15" EAST 54.63 FEET; THENCE NORTH 89'24'38" EAST 54.54 FEET; THENCE SOUTH 82'29'20" EAST 50.68 FEET; THENCE SOUTH . . 84'19'11" EAST 38.26 FEET TO THE EASTERLY LINE OF SAID LOT 5; THENCE ALONG THE BOUNDARY THEREOF SOUTH 04'03' 25" EAST ( SOUTH 04'02 ' 56" EAST REC. ) 107.82 FEET AND SOUTH 72'25'39" WEST 1134.88 FEET (SOUTH 72'24'56" WEST 1134.68 FEET REC.) TO THE POINT OF BEGINNING. COUNTY, HAY 1, 1975, AS FILE NO. 75-104002, BEING DESCRIBED AS .. - . EAST 59.37 FEET; THENCE NORTH 82O44' 55" EAST 56.27 FEET; THENCE NORTH - EARING '06' 3.2" E '20' 49" E '47' 21" E '2Q' 17"E '03' 25" E '16' 56"E '07' 19" E '47' 52" E '1 1' 52"W '44' 37" E ' 09' 50'' E '51' 01"E 3 14' 28" E ' 47' 43" E .¶ 14' 28" E ' 46' 13" E a ! 0' 24" E '1 4' 42" E '03' 47" E '29' 37" E '14' 22"E '44' 55" E '42' 54" E ' 18' 55" E '06' 15" E '29' 20'' C, '47' 43"W '19' !!"E 0.47' 43'' E '49' 27" E ' 17' 52" E '38' 12"E '22' 23" E '34' 18"E 5 ; 4' 4311 E 'e' 37" E '45' 15" E -36' 41"E '33' 31" E - 12' 05" E 24' 39" E 08' ! 8'' E 37' i3" E 29' 07" E 40' 23" E 4:' 34"W 52' 1 $'I w 21' 40"W x!' 12"W 30' 36"W X? 40" E 7' 23°K 321 36'1~; 39 5')"W >3' 35°K ~~ '24' 3819 E 06' alp E 0 0 PISTANCE 15.08 103.37 11.24 J6.94 129.01 70.05 138.08 21.90 30.66 35.28 86.48 54.91 45.48 88. b5 5.78 J.13.37 98,31 53.67 60.29 41.14 59.37 56.27 46.48 52.48 54.63 54.54 53.68 38.26 97.95 95.61 36.79 57.56 34. OS 35.59 36.29 24.1s 25 -56 65.53 25.52 37.63 39.36 32.77 27.55 35.23 42.3i 12.36 36.13 24.34 236.91 26.95 SCAL€ &,& ,I ~ WIIVDSI E8SEE. EX I ."-- ExH,B/fkJ' 5dPUBLIC - 9cc E 55 E&5E MEflr " "i; NOTE : - A 25.26 THE PEDESTRIAN WALKWAY SHALL BE A MINIMUM OF (5) FEET W1D 21-86 FOOT WIDE EASEMENT SHOWN HEREON AND CONSTRUCTED WITH 4" 22.36 93.3," 51 * 22 72. DG PARCEL "C" SHOWN HEREON IS DEDICATED TO PROVIDE PEDESTRIA 22.77 RAILROAD RIGHT-OF-WAY- IT IS NOT REQUIRED THAT THE WALKW AS FIELD CONDITIONS DICTATE. RING Cti3E3 c ELTA RAD ILiS LEN STi 1' 51" E 03.67 113'34' 41" 50.00 59.12 3' 2an E TAN 03.67 113'34' 41" 76.30 50.00 99.12 76.38 I -" 0 0 .... . .. . . ._ - . " ~. . 'ORES AT - 11 - 470 '47' 2L"E 289.12 .n '8f '571 'AP NU- 17484 1 (Qws 349. 32 \. I! N N Iw t '2 - - 'I N W v) c.. I/ L " " ,' L" :3 7- 5 1134.83 .. . Je??%n. 4.. -* 0 0 .- .. Be EXHIBIT C I Publfc Resources Code Section 30106 [ 30106: Development erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, .or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government. Code), and any other division of land, including lot splits-, .except where the land divisfon is brought about in connection with the purchase of such land by a public agency for publ ic recreational use; change in the intensity of use of water, or of access thereto; construction,. reconstruction, demolition, or alteration of the size of any structure, including' any facility of any private, publ ic, or municipal utility; and the removal .or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act . . of 1973 (commencing with Section 4511). "Development" means, on land, in or under water, the placement or As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution 1 ine. " . 8 L -. - , .. a EXHIBIT D e i -. Recording Requested by and When Recorded Mai 1 To: Cal i'fornia Coastal Commission 631 Howard Street, 4th Floor ' San Francisco, California 94i05 Attention: Legal Department .. ._ - . CERTIFICATE OF ACCEPTANCE , . OFFER OF DEDICATION OF OPEN SPACE EASEMENT This is to certify that hereby accepts . the Offer to Dedicate Open Space Easement executed by on 9 19 and recorded on . 9 19 - in Book " Page of the Official Records in. - the Office of the Recorder of - County. .- . . . . - - -. - . - .. " BY Dated- STATE OF CALIFORNIA 1 .. "_ . For COUNTY Of 1 On 9 19 , before the undersigned, a Notary Pub1 ic -in and for the said State, personally' appeared 9 Title known to me to be the . of the , who executed the within instrument and 'acknowledged to me that he executed the same. WITNESS my hand and official seal. - a - ~ Notary Public in and for said - County and State Page 1 of Two. Pages - mrrK 11Vo L. .... .* /. - .. / . 4. .... 9,: ....... ....... .. .: /Y,,fL\ ........... .. .... # \.- . 1 -A ' ePJ4- L; -. . .. r .. ' A/ /f 'I .. \. .. -. 1. . ... c fbCN0 .. .. m mema mmw efmm NA ~uq~/~~Eu ?# mr 37;4riff b3 ... W"/& U..C tZW Nff.ffrP4##ckvr/ LWGRI WtWTE8 VCU?Wt#U #&'E69 R; ~UU/$HCD HI#..U#. - t I - WO/LWrM R&VRO. flu M#Pl . A - Irrp/cRJEd mmD f */XEWCr' # . rw.m .. .. ' 57"kfPtD %XfE Dm. //MWfW# e - . , ruu/fmH WUO t */m RPE Li . 9fRMPUJ 4-$.9SM*P&e "PI - IUDlt'P,W8 /JWD I/UN&U&~ A 0 - Iuolt4rH #ET I 'iRpNme #/i ... .. ....... . _. .. .. .. - _- .. - . .. _.. ..... .. .- .... .... - . _. .. .... .. ... 1. . L" . ._ .. .. ..... ... -I .I. . ' 8MM bf B@UfN&B I. .. -..I . . -. ... ._ .: . ,' .. .. .. .. m€ C€N,?WUUNC UT CffINQU#LtnN ,Q M WUW ON WPP NO. 8fff 7-46. U Ir &h/*b/Y A - " EXh/'b,*f_B__ .-" 4 L ... rvpr yo twu % p~~~~R~~ m sk/(aK /x,sr,>e dKn. pH4 *~ZM 3' K p&+m/e ACCJSS AM4 OPE. bPACcr i/SP#&N ".."."#a" ..-.. ". - " " - "_ - ~- "" - - SUAL alum " . @ -_ .m ... - .. >.- /. .. .. .. . / ' 4. : , . *: ._ .. .I . 4CbCNO . :. .- . ................. wu4m4tVw ?v rw 4q?a#AC&a /p,,/\ l .. /fftfM flcc nlfN@.OU80#&V// '// .- ... .. -. , . - :.- . -/ .. ,' I. .. ..... ... 0- 48 L .. .. . \I.: . . - -rrr"iwm/rAd .- . \ ..... .. . w.m .. .. .. ... mmw WiWTH VChf/Gffuu R&&H ro // I ... aYmffUMffC@ Heucuu. - . ... t 1 - nyo/cpJcd &"@RO. mU MAPA .. ... . A - NOffAfJCb m&VU t*{m Re R, . JTmtPW 4.6.9546. /ti( #MA 1 . 5.WPw =/E 0'.8/rh%&%Ql . - . . N'/cbTH mUO P/WnP& ~l €u hiA,*fL _" PenW 'a' *x . ~!@!4m!! n S#bM rx,wi& #N.'P!!OA yof YO - x PU49../C Aetss ACVOOPEM $/A# CA$&f&#TJ " &Z"L)t.WW U rl~l N n,vn drr ccc ISC -A- ,- . ,4-. :" * .a EXHIBIT E e Filed : octo Jh, 31, 1983 State of Caiifornia, George Deukmejian, kvemor 49th Day: December 19, 1983 California Coastal Commission Staff: CD: lsf SAN DlEGO COAST DISTRICT Hearing Date: December 12-16, 1983 . 6154 Mission Gorge Road, Suite 220 San Diego, CA 92120 (714) 280-6992 180th Day: April 28, 1984 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION -..-_ ""__ - .. .- ." ___ . __. .. . - . .. -. .- - " ... _. ". .--- . - - _.._.."_____ ,...__"_ Application No. 6-83-613 Applicant: Hunts Partnership Agent: Larry D. Hunts " Description: Demolition or removal of two single family residences and construc- tion of 140 condominium units with underground parking and common recreational areas on a ten acre bluff-top parcel overlooking Agua Hedionda Lagoon. Lot area Bldg Coverage Pavement Coverage Landscape Coverage Wetland Area Parking spaces Zoning Plan designation (including bluff area) . Project density Ht abv fin grade 10.15 acres 76,202 sq. ft. (17%) 6,050 sq. ft. (1%) 294,367 sq. ft. (66%) 65,593 sq. ft. (15%) 348 PC Residential Medium 13.8 du/ac 35 ft, High Density (10-20 du/ac) Site : Located at the southerly terminus of Harbor Drive, between the AT & SF kilroad and Interstate - 5, in the City of Carlsbad 2iPN 206-222-22 Substantive File Documents: Certified City of Carlsbad Agua Hedionda Lagoon LCP .. . Land Use Plan Segment Coastal Development Permits: F7453, 6-82-69 Appeal #81-73 6-82-303, 6-82-501, 6-83-170, 6-83-324 SUMMARY OF STAFF'S PRELIMINARY RECOMMENDATION: Staff is recommending approval of the proposed development with conditions that would: increase the width of the public view point at the terminus of Harbor Drive; insure that no portion of any of the structures will be closer than 25 feet from the bluff edge: limit the height of certain of the units which are .- mo'st visuilly prominent to oiie and two stories in height: provide for drainage and erosion control plqns and limit the season for grading to reduce potential Xpproved as Recommended 0 Denied aa Recommended "" . .. . C3MhnS;;.2N ACTI.L)N OH DEC. 1 3 -. . -, 1 a -IBrT J =g 0792gr b- tA ,. Recording Requested by and 0765 When Recorded Mail To: - ..~~~. &.".. .... .-. - . .". ~ .. ............ ........ . ." .". - .. - .. - .. .- .- .. I ... . . ~- .. -. ~- ... .. City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 ;-::> ."r"; F-4 f .? '7. I- " R'.? -2- r q .~~ - "; i 3 ;;:a +* .i ur . ... ."_ _".. . I ... ... . :< ~ 4 " : ............. "" ""L.' .-.-:- _:.. - -"> .. ~ ;;;.=.:I. : :--.---:.-.<z., :: t &. - . __ " " - .. - .. - CERTIFICATE OF ACCEPTANCE NO F This is ts certify that Ae cj tv of urjad -, hereby F1045, 2590, accepts the Offer to Dedicate for Permit No. 2875 Executed by: Richard C. Strauss on January 4 , 1982 and recorded on March 14, 1984 As Instrument NO. 84-018562 of the Official Records in the Office of the Recorder of San Dieqo County. February 9, 1989 BY Dated For The City of Carlsbad "" STATE Of CALIFORNIA 1 COUNTY OF SAN DIEGO 1 On February 9, 1989 , before the undersigned, a Notary Public, 1 ss personal 7y appeared Aletha L- Rautenkranz /X/ personalty known to me / / proved to me on the basis of satisfactory evidence 9 to be the person(r) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me that tho sorporation/agency executed it. *$******~****:~*~**o**~***$~~~~ * << NOTARY PU6LIC"CALIFORNIA $ OFFICIAL SEAI. ** * * KAREN R. KLINDTZ $ * SAN DIEGO COUNTY * ~*0*&**********1*x?~~:~~~*****$ * My iorlm. Exp Sep?. 27, 1989 $ -"./I i. / \ cp I '4 d ,; 3 , I . ~Er~LYKVtlJ hr 5. I .. .* t 8 pEcmz;m 1 r OFFiClbL R-E-~~fi~s 7 .*' . . '.r " : 23@ - m -WOCJ~ 82-018562 OFFICiAL RECORES RFfDRDEC! IfJ 1 RETURN ORIGINAL TO AND OFdAH DIECC CckihTY.&A. QF SAN ciizc LL:;~TY.CA. .. 2 STATE OF CALIFORNIA COLiNT Y ;ctCijn,!t r? 2Z;iTY E;.LG:..cE~ 1 3 RECORDING REQUESTED'BY: I 4 631 HOWARD STREET, FOURTH FLOOR 5 rs8a MR 13 p)4 12: 30 1982 JA!? 22 AK 18 25 b "A Vtr-.** !". :":::q k E-?;, F.;!-:'i-E CALIFORNIA COASTAL COMMISSI N : SAN FRANCISCO, CALIFORNIA 94105 NO FEE 6 7 ~ IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR PUBLIC ACCESS mF€€ W z u I. WHEREAS, Richard C. Strauss is the record owner of ;z CL the real property located at 2701 Ocean Street, City of Carlsbad, Q County of San Diego, California, legally described as Lots 28 and 0 29 in Block "A" of Hayes Land Company Addition to Carlsbad, Map V No. 2, according to the Map thereof No. 1221, filed in the Office k u hereinafter referred to as the "subject property"; and 2 11. WHEREAS, the California Coastal Commission, herein- 9 u after referred to as the "Commission," is acting on behalf of the W V 0 LL w I- 6: U I- rn w of the County Recorder of San Diego County, November 4, 1909, n U I < I- I- Q 171 People of the State of California; and 0 I- 18 I 111. WHEREAS, the People of the State of California have n n w fx a legal interest in the lands seaward of the mean high tide line; 0 V W e w nz a z IV. WHEREAS, pursuant to the California Coastal Zone U w 4 Conservation Act of 1972, the predecessors in interest of the m v) U I- w z 24 3 231 cj 0 n 25 ._ n; 7 ,-: 2 I 26 * . 27 I- _. " - - . " i r- :OURT PAPER :=- ,TD 113 (REV. 8-71, ?ATE OF CALlFOlNlA os? record owner applied to the Commission for coastal development permits (1) to construct six single-family dwellings on seven contiguous lots, including the subject property, with one lot : . - -,r.:...;.,: ;: ,-:a ?xg-taAned as permanent open space, and (2) to construct improvemen tb-tlh%'* single-family resid&& :located on the subject property, .. - - . - c 7. ,:'l. ' i . :./ * ,I , I :- _.- . .- , -, ..l . - ry" ,."I. .- - r.. - ,> .I - c .Ilt c .) ,-.. j;,.::: - ! -:. T- r - i! :I .- .. - .. - . !. - . .- .I i ->. " ;c f t/; . - .- '. ' .LT; " " . I ._ . --. "L. - . .. -. . :-. - " - - I ..-. . - .. ~ .L. 9 - ~ .- _. .._ L. - 56-0106 .. * 4, '/ e 1-8 qd. 232 c:, ' ; . .r 1 form on the bluff face, paving and landscaping; and 2 including beach access steps down the bluff face, a viewing plat- 3 V. WHEREAS, Coastal Development Permit No. F1045 was 4 issued by the San Diego Coast Regional Commission on January 8, 5; U 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 1974, subject to terms and conditions, including the require- ment that the permittee, the Carlsbad Beach Club, dedicate a public access easement .on the subject property from Ocean Street to the beach; and VI. WHEREAS, Coastal Development Permit No. F2875 was approved by the San Diego Coast Regional Commission on October 17 1975, subject to terms and conditions, including the requirement that the permittee, Richard A. McMahan, improve the public access. way on the subject property; and VII. WHEREAS, the subject property is located between thc first public road and the shoreline; and VIII. WHEREAS, under the policies of Public Resources Codc sections 30210 and 30212, public access to the shoreline is to be maximized, .and shall be provided for in all new development pro- jects located between the first public road and the shoreline; and IX. WHEREAS, the San Diego. Coast Regional Commission found that but for the imposition of the conditions described in 22 23 24 25 26 27 28 h7F OF ULWORNIA U RT PAPER I 113 (REV 8.721 OS? Paragraphs V and VI above, the proposed developments could not be found consistent with the public access policies of Public Resources Code sections 30.210 and 30212, and therefore in the absence of such conditions, Coastal Development Permits Nos. F1045 and F2875 could not have been granted; and X. WHEREAS, the Commission is the successor in interest to the San Diego Coast Regional Commission pursuant to Public 2 56 - 6.106 ) .L ,, . * J .. ..'> ' ' 1. ' , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURT PAPER &TI? OF CALIFORNIA D. 113 <REV. 8.72, OS? a .1..9 * - -. 233 Resources Code section 30305; and XI. WHEREAS, Richard C. Strauss, the record Owner of the subject property is the successor in interest to Coastal Development Permits Nos. F1045 and F2875; and XII. WHEREAS, the Commission and Richard C. Strauss havc agreed that Richard C. Strauss shall fulfill his obligations to provide for public access under Coastal Development Permits Nos. F1045 and F2875 by (1) recording the offer of dedication describe herein in Paragraph XIII; (2) by the payment of five hundred dollars ($500.00) to the Commission to be used, if possible, for the improvement of a public accessway on the subject property; and (3) by maintaining the view corridor on the subject property required by Coastal Development Permit No:F1045, Condition 8, and Coastal Development Permit No. F2875, Special Condition 3; XIII. NOW, THEREFORE, in consideration of the granting of Coastal Development Permits Nos.Fl045 and F2875, and in con- sideration of the continuing enjoyment of the benefits of said permits, Richard C. Strauss, the record owner of the subject property, hereby offers to dedicate to the People of the State of California an easement in perpetuity for the purpose of providing public access from Ocean Street in the City of Carlsbad to the mean high tide line of the Pacific Ocean, located along the southern border of Lot 29 of the subject property, and measuring five (5) feet in width. This offer of dedication shall be irrevocable for a period of twenty-one (21) years, measured forward from the date of recordation, and shall be binding upon Richard C. Strauss, the record owner, and his heirs, assigns, or successors in interest 3 .56-cl,1()6 .. - .. 9: ".\ . , 1.1 I e /Y- ."- 234 '. to the subject property. The People of the State of California shall accept this offer through .a public agency or private association acceptable to the Executive Director of the Cornmissic or to the Commission's successor in interest. Acceptance of the offer is subject to a covenant which runs with the land, providing that the first offeree to accept th easement may not abandon it but must instead offer the easement t other public agencies or private associations acceptable to the Executive Director of the Commission, or acceptable to the Com- mission's successor in interest, for the duration of the term of the original offer to dedicate. The grant of easement once made shall run with the land and shall be binding on the owner, his heirs, assigns, and successors in interest in the subject propert Executed on this 4 day of &- , 198 in the City of 9& , County of 'J& State of Texas. 17 18 19 RICHARD C. STRAUSS _3 20 COUNTY OF Dallas 1 21 STATE OF TEXAS 1 ) ss. 22 On January 4, 1982 before the undersigned, a Nota: L Public in and for said State, personally appeared Richard C. Strauss, whose name is subscribed to the within instrument, and acknowledged that he executed the same. 26 27 :OURT PAPEU TATC OF CALlFORNIA ,TD 113 IREV. 8-7- ft ?OF y and State Louise Campbell Commission expires 9/2/84 OSP I 4 56-6106 . a,. I1 - . - S' :- .- 'y -1 ."e *" . , , e. 0 - .. 235 I. J3-0eb "e I ll This is to certify that the offer of dedication set 2 Richard C. Strauss, o or- of the subject property, is 3 forth above dated and signed by 4' California Coastal Commission and the California Coastal Com- 5 hereby acknowledged by the undersigned officer on behalf of the officer. 7 mission consents to recordation thereof by its duly authorized 6 8 Dated: @T / 9 10 11 / I 4 u -u - - - & 13 CALIFORNIA COASTAL COMMISSION 14 STATE OF CALIFORNIA I 15 , I L btw ) ss. 1 16 COUNTY OF 17 On k i[) Icl= before the undersigned, a . 18 19 20 Notary Public in and for said State, personally appeared $k%+Ui$ 41 &&& known to me to be the brf7,d b*k of the California Coastal Commission and known to me to be the person who executed the within instru- ment on behalf of said Commission, and acknowledged to me that such Commission executed the same. 24 25 26 County and State Notary Public iWanc?dfor said P:va 27 )URT PAPER &TE OF CALIFORNIA D. 113 IREV 8.721 OLP I 5 56,- ~106 .a . I ‘. 4’ (I ,;, c, ,I 8* .* e a 9. A!’. 236 - ,I - Please record, and return to: State Coastal Conservancy 1330 Broadway, Suite 1100 Oak1 and, CA 94612 q ”. - I T Ra3 - 0% CERTIFICATE OF ACCEPTANCE ” THIS I$ TO CERTIFY that the interest in rea1 property conveyed by the deed or grant, dated Jw~arY.4- 1.982 and recorded January 22, 1982, in’ 82-078562 , of the Official Records in the Office of the Strauss to the STATE OF CALIFORNIA, is hereby Rzder of San Diego County from Richard C. accept4 by the undersigned officer on behalf of the State of California, pursuant to authority conferred by Guthcrizatjcn of the ~tzte Coastal Conservancys Resources Agency, State of Cal ifomla 3 adopted on -. . ILsrnmhor a lQR3 , and the grantee consents to - .-“ f - . . ?” 3 -cc: ..A- CERTIFICATE bF ACKNOWLEDGEMENT A-o- b-t STATE OF CAL\FORNIA 2; On this 17th day of November , in the Notary Public in and for the State of California , Personal IY appeared Joseph E. Petri1 lo, personal ly executed this instrument as Executive Officer of the State Coastal Conservancy and acknowledged to me that the State Coastal Conservancy executed it. IN WITNESS WEREOF I have hereunto set my hand and affixed my official seal in the City of on the date set forth above in this certificate. COUNTY OF A ameda Year 19 83 before me, Judy M . Brownfield, a - k known to me (Or proved to me on the basis of I. satisfactory evidence) to be the persor: who 1. Oakland County of AJameda 3 I DY M. BROWNFIELD NOTARY PUBLIC-CALIFORNIA COUNTY OF ALAMEDA t 1 @ tomkios Expires Fe?. 6.1587 b Rdtary @ubi ic, s>m =22?%325? .-?a “*/HP/ Judy M. Brownfie (sal 1 F?y comnission expires February 6, 1987. 56-0106 8. F *.I ?r73 3-035267 i" 1 RCCORDEO IN OfFKlAt RECORDS Of SkX CfECO CL?CNfy, CA, Is83 FE8 -2' ~f4 I 1: 06 ' . - -."--o( CERA COUillT'I' REZgZDEf? t. LYLE i f State Coastal Conservancy 1330 Broadway, Suite 1100 "-3 Oakland, CA - 94612 I & NO I - AGREEMENT THIS AGREEMENT is made this 25th day of January , 1983, by and between RICHARD C. STRAUSS (hereinafter ''Grantor") and the STATE COASTAL CONSERVANCY, an agency of the State of California (hereafter "Conservancy"). - WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located at 2701 Ocean Street, City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("the Property") ; and WHEREAS, Grantor has executed an "Irrevocable Offer to Dedi- cate Easement for Public Access," dated January 4, 1982 and recorded January 22, 1982 as Document No. 82-018562 in the Official Records of San Diego County, California ("the Offer") ; and WHEREAS, Grantor executed and recorded the Offer pursuant to conditions in Coastal Development Permits Nos. F1045 and F2875, issued by the San Diego Coast Regional Commission, which conditions were imposed by the Commission in order to carry out the.public access policies and objectives of the Coastal Act of 1976, contained in Public Resources Code Sections 30210-30214; and WHEREAS, the execution and recording of the Offer was carried out as part of the settlement by Grantor of certain Litiga- tion between Grantor's predecessor-in-interest on the Property, and the State of California, concerning the public access conditions referred to hereinabove; and WHEREAS, Conservancy is directed by Public Resources Code Section 31104.1 to "serve as a repository for lands whose reservation is required to meet the policies and objectives of the California Coastal Act of 1976 (commencing with Sec- tion 30000) or a certified local coastal plan or program"; and '.x b '. -', . *$ e **., ' 776 I ? WHEREAS, Public Resources Code Section 31400 declares the intent of the Legislature that "the State Coastal Conservancy have a principal role in the implementation of a system of public accessways to and along the state's coastline,,."; and WHEREAS, Public Resources Code Section 31404 provides that "When another local public agency is unable or unwilling to take title to an area required for public access to and along the coastline, the department or the conservancy may accept title to such an area. The department or the conservancy, however, shall not be required to open any area for public use when, in its estimation, the benefits of public use would be outweighed by the costs of development and maintenance. The department or the conservancy shall make a determined effort to identify local public agencies and nonprofit organizations which will accept responsibility for maintenance and liability for public accessways which are located outside of the state park system, The department or the conservancy may lease any pub- lic access site to a public agency or nonprofit organization; provided, however, that the condi- tions of such transfer guarantee public use of the site for access to coastal resources."; and WHEREAS, the City of Carlsbad has declined to accept a public shoreline access easement over the Property; and WHEREAS, Conservancy desires to accept the Offer to carry out the purposes of Public Resources Code Section 30210 et seq. and Section 31400 et seq., and is executing its accep- tance of the Offer concurrently with the execution of this Agreement by the parties; and WHEREAS, both parties desire to clarify the apportionment of responsibilities in connection with that portion of the Property over which the State of California is receiving an easement ("the Easement Area") : " -2- .. c- I ' - .. . ..; 0 t.r 7770 NOW THEREFORE, the parties do agree as follows: 1. Operating Arrangements and Maintenance (a) Conservancy is and shall be under no obligation to make arrangements for the operation, maintenance and/or management of the Easement Area to take effect prior to the Conservancy's opening the easement for public use. (b) Conservancy shall have no duty of maintenance on the Easement Area, following its initial opening to the public, except as follows: (i) at times when the easement is closed to public use, Conservancy shall have no duty to ' maintain except to the extent necessary to prevent the public improvements on the Ease- ment Area from constituting a private nuisance with respect to Grantor; (ii) at times when the Conservancy holds the ease- ment open for public use, Conservancy will maintain the Easement Area, and public improve- ments placed thereon, in good and orderly repair and condition as the Conservancy may in its discretion determine are reasonable and necessary for the continued use and enjoyment thereof. At no time shall Conservancy have any duty to maintain improvements hereafter constructed absence of an express consent in writing by the Executive Officer of the Conservancy to undertake such maintenance, and except as provided below. . by Grantor on the Easement Area, in the (c) Conservancy may, at its discretion, arrange for operation, maintenance, and management of a public shoreline accessway on the Easement Area to be performed by it, its agents, employees, and/or contractors. (a) Conservancy shall have full discretion to set hours of use and times of closure. -3- , 5' , ". .. t 0 *? : 778 0 2. Liability. Any liability of Grantor and Conservancy relating to public use of the Easement Area, after opening of the easement for public use, shall be limited by applicable provisions of law, including Section 846 of the California Civil Code. Grantor shall not be liable for any damage or injuries due to development, improvement, or maintenance of the Easement Area by Conservancy. Conservancy and the State of California shall not be liable for damage or injuries due to actions or omissions by Grantor, his family, agents, tenants, invitees and licensees on any portion of the Property, including the Easement Area. 3 . Fencing. Conservancy agrees to treat as public improvements, under Paragraph 1 above, fences which exist along the northerly boundary of the Easement Area as of the time of acceptance of the Offer, as well as any improvements or replacements thereafter made in such fences, provided the materials and construction of such improvements or replacements have been approved in advance, in writing, by the Executive Officer of the Conservancy. The Executive Officer's determination may be based on the projected cost of future maintenance and such other factors as reasonably apply. Subject to any legal constraints which may apply, Conservancy agrees to perform such improvement or replacement, provided that Grantor shall have supplied the Conservancy in advance with sufficient funds to complete the work. 4. Release. . Grantor shall and does hereby relinquish, release, and forever discharge Conservancy and the State of California, and their agents, officers, contractors, and employees, if any, of any and all claims, demands, and causes of actions, at law or in equity, whether the same are presently known or unknown, which claims, demands, or causes of action Grantor now or any time hereafter owns or holds, or any time hereto- fore owned or held, against the Conservancy and the State of California, and their agents, officers, contractors, and employees, if any, based upon any claim of duty to protect Grantor's privacy in his use and enjoyment of the Property, other than duties expressly provided for in this Agreement or in the Offer. Grantor hereby expressly waives, releases, -4- .- * > '* * c +'l 1 0 q* 779 0 and relinquishes all rights under Section 1542 Of the Cali- fornia Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affec- ted his settlement with the debtor." 5, Interpretation. In the case of any discrepancy or inconsistency between the Offer and this Agreement, this Agreement shall govern. 6. Agreement to Run with the Land. This Agreement shall be recorded in the Office Of the County Recorder of San Diego County. This Agreement is entered into by Grantor as the fee simple owner Of the Property, and by Conservancy on behalf of the State Of California, as the Owner of the Easement, and the covenants.contained herein are intended to benefit the parties and their respective interests and estates in the Property. It is the intention of the parties that this Agreement shall run with the land and bind the SUcCessors and assigns of the parties in accord- ance with the provisions of Civil Code Section 1468, 7. Entire Agreement. This Agreement and the Offer contain the entire agreement between Grantor and the Conservancy relating to their res- pective rights and obligations relating to the Property. Any oral and written representations by or on behalf of the State of California or Conservancy prior to this Agreement, and any subsequent oral representations and/or modifications hereof, shall be of no force and effect, excepting a subse- quent modification in writing, signed by the party to be charged and approved in writing as to form by counsel. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written, Ricliard C. Strauss Subscribing T'Jitness -5- . 7 * I. 'i. t 1. I 'Y .. 0 fi.4- - 780 0 .- THE STATE OF TEXAS ) COUNTY OF DALLAS ) 1 BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared RICHARD C. STRAUSS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considera- ! " : ,,tion therein expressed. 'I , GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 21st day of January, 1983. - .: My Commission Expires: Louise J. Campbell 9-2-84 I STATE OF CALIFORNIA County of Alameda ) ss. On Y , -in the year 1983, before me, the undersigned, a Notary ublic in and for the State of California, personally appeared Susan W. Furrer, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose naine is subscribed to the within instrument as a witness thereto, who, being by me duly sworn,deposed and said: that she was present and saw Joseph E. Petrillo, personally known to her to be the Executive Officer of the California State Coastal Conservancy, execute the within instrument on behalf of of said agency, and that affian.t subscribed her name thereto as a witness to said execution. _. .. I WITNESS my hand and official seal. (sealL- OFFICIAL LEAL SUSAN MARY BONINO NOTARY PUBLIC-CALIFORNIA COUNTY OF ALAMEDA My Commission Expires Nov. 15.1985 I ;= CLrQ 304@ Name (typed or printed) . IO ; c . ,;:. c I .' I ,a V' '781 .I EXHIBIT "A" Description of the Property Lots 28 and 29 in Block "A" of Hayes Land Company Addition to Carlsbad, Map No. 2, according to the Map thereof No. 1221,. filed in the Office of the County Recorder of San Diego County, November 4, 1909. -7- i ** * e ; i - Please record and 3 when recorded return to: Parks & Recreation Dept. 1166 Elm Ave. Carlsbad, CA. 92008 Attn: Keith Beverly CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Quitclaim Deed, dated and recorded concurrently herewith as of San Diego County, from the State of California to the City of Carlsbad, is hereby accepted by the undersigned officer on behalf of the City of Carlsbad, pursuant to authority conferred by authorization of the Board of Supervisors of the City of Car lsbad, adopted on , and the grantee consents to the recordation thereof by its duly authorized officer; and grantee also acknowledges it is successor-in-interest to the State Coastal Conservancy for purposes of carrying out the Agreemsnt by and between Richard C. Strauss and the State Coastal Conservancy, dated January 25, 1983 and recorded February 2, 1983 as Instrumsnt No. 83-035267 in the Official Records of San Diego County. of the Official Records in the Off ice of the Recorder City of Carlsbad BY Date