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HomeMy WebLinkAboutCDP 96-05; Jensen Stairway; Coastal Development Permit (CDP) (5)City of Carlsbad Planning Department March 11, 1998 Mr. Bill Ponder California Coastal Commission Suite 200 3111 Camino del Rio North San Diego CA 92108-1725 SUBJECT: JENSEN PUBLIC ACCESS STAIRWAY (CDP 96-05) Dear Bill: In May of 1997, the City approved a Coastal Development Permit for the construction of a public access stairway, from Carlsbad Boulevard to the beach, just south of the Terramar single family neighborhood. One of the conditions of approval required the property owner (Jon Jensen) to guarantee private maintenance responsibilities and public access through a mechanism consistent with the Coastal Zone regulations. In August of 1997, Mr. Jensen provided to the City Attorney's office a Deed of Easement document that stipulated a limit to the timing of public use during natural daylight periods only. According to this Deed, which was approved by the City Attorney's office and recorded with the County Recorder, the only way to require the continual, 24 hour public access is through a written request from the Coastal Commission. It is my understanding that public beach accesses are typically open to the public 24 hours per day. With this understanding, I have drafted a sample letter for your review and use. Should you concur with the Planning Department's opinion that the public beach access should be open to the public throughout the day and night, please respond with the sample letter, revised to your liking. According to the Deed of Easement, this written request from the Coastal Commission must be received prior to April 1, 1998. Please feel free to contact me at (760) 438-1161, extension 4499 if you have any questions. Thank you for your consideration. Sincere MICHAEL GRII Associate Planni MG: mg 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-O894 March XX, 1998 Mr. Michael Grim City of Carlsbad Planning Department 2075 Las Palmas Dr Carlsbad CA 92009 SUBJECT: HOURS OF PUBLIC USE FOR THE JENSEN PUBLIC BEACH ACCESS STAIRWAY (CARLSBAD CDP 96-05) Dear Mike: The Coastal Commission staff has received and reviewed the Deed of Easement describing the restrictions on the non-exclusive easement for the purposes of pedestrian ingress and egress foot access between Carlsbad Boulevard and the Pacific Ocean over the Jensen property. Public beach accesses are intended to serve the beach at all times of the day and night and should not be restricted to natural daylight periods. According to the Deed of Easement, the extension of public access hours can only be accomplished by written request of the Coastal Commission. Please consider this correspondence as such a written request, thereby requiring the amendment of the easement and describing the hours of permissible public use of the easement as continuous, throughout the day and night. Thank you for the opportunity to comment on the public beach access hours. Please feel free to contact me at (619) 521-8036, if you have any questions. Sincerely, BILL PONDER Coastal Planner / Boulevard bearing south 30° 38' 50" East, to a point 160.00 feet from the most easterly corner of Lot 1 of Terramar Unit No. 1, according to Map thereof No. 2696, filed in the Office of the County Recorder of San Diego County, said point also being the true point of beginning; thence continuing south 30° 38' 50" East, 200.00 feet; to the northerly corner of Lot 2 of said Map 3897; thence leaving said southwesterly right-of-way line, along the northwesterly boundary line of said Lot 2, south 59° 21' 10" west, to the mean high tide line of the Pacific Ocean; thence northwesterly along said mean high tide line, to a line which bears South 59° 2V 10" west from the ooint of beginning; thence North 59° 2V 10" east to the true point of ' tfng. 7The easement as described above shall be limited to natural daylight periods 5n dawn to dusk. Notwithstanding the above restriction, and prior to April 1 ,-->. 1e Grantee, pursuant to a written request from the Coastal Commission, shall have / the unilateral right, but not the duty, to extend the periods of daily use of the easement Q between any portions of time between dusk to dawn. Should Grantee desire to extend the periods of use of the easement as provided herein, Grantor agrees to sign, and provide forthwith to Grantee a document in a form and substance attached as Exhibit "A" hereto, which document, upon recordation by Grantee, shall amend the provisions of this easement agreement as to periods of daily use of the easement only. 3. In addition to the above, the easement shall not interfere, at any time, with the free use and enjoyment of the property by the title owner of the property. 4. The title owner to the above described property, is providing the access described herein for "recreational purposes" at the request of Grantee, pursuant to the provisions of California Civil Code § 846 and nothing in this agreement shall create any liability or duty in contradiction to or inconsistent with the provisions of California Civil Code § 846. 5. The title owner to the above described property shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad, and its officers and employees, from all claims, loss, damage, injury, and liability arising from or in connection with the on site use of the access, or drainage failures, or geological failure of the stairway development. 6. The above indemnity and hold harmless is for the liability and/or acts or omissions arising from or in connection with claims for this project only and does not include liability, damage, acts or omissions which are arising from or in connection with or occasioned by other projects. G:\DATA\JAJ\EASMNT.AGR