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HomeMy WebLinkAboutCDP 96-05; Jensen Stairway; Coastal Development Permit (CDP)City of Carlsbad Planning Department March 26, 1998 Mr. Jon Jensen 451 S Escondido Blvd Escondido CA 92026 SUBJECT: AMENDMENT OF PUBLIC ACCESS EASEMENT Dear Jon: Please find enclosed a copy of correspondence from the Coastal Commission, detailing the requirement for unrestricted access for the beach access stairway located on your property. Pursuant to item #2 of the Deed of Easement and Agreement to Hold Harmless, and Indemnify, an amendment to the easement is required. Please immediately sign, and provide forthwith to the City, a document in a form and substance as the Exhibit "A", attached to the easement and copy enclosed. Please contact me at (760) 438-1161, extension 4499 if you have any questions. Sincerely MICHAEL GRINK"/ Associate Planner MG:mg Enclosures c: Rich Rudolf Dennis Turner File Copy 2075 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 - FAX (76O) 438-O894 STATE OF CALIFORNIA-THE RESOURCES AGENCY^, PETE WILSON, Governor CALIFORNIA COASTAL CC .MISSION ,SAN DIEGO AREA 3111 CAMINO DEL RIO NORTH, SUITE ZOO SAN DIEGO, CA 92108-1725 (619) 521-8036 March 17, 1998 Mr. Michael Holzmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Hours of Public Use for the Jensen Public Beach Access Stairway (Carlsbad Coastal Development Permit No. 96-05) Dear Mr. Holzmiller, The Coastal Commission staff has received and reviewed the Deed of Easement that allows for pedestrian access between Carlsbad Boulevard and the Pacific Ocean over the Jensen property. We understand that the easement is being granted pursuant to conditions of the City's Coastal Development Permit (CDP) No. 96-05 which authorized construction of a beach access stairway. One of the conditions requires the applicant to guarantee public access requirements through an irrevocable offer to dedicate an easement or fee interest to the City of Carlsbad. The Deed of Easement as it is currently drafted would allow for public access over the easement and stairway, but only from dawn to dusk. This restriction on the hours of public use is not consistent with CDP No. 96-05 as approved by the City. The adopted conditions of approval do not include any restriction on the hours of public use of the stairway. If such a restriction on public use had been approved by the City originally, it may have been grounds for appeal of the City's permit decision to the Coastal Commission. Any potential restriction on the hours of use should be subject to an amendment to the permit, with appropriate public notice and hearing. The City decision on such an amendment would also be appealable to the Coastal Commission. Historically, in reviewing such requests, the Coastal Commission has been supportive of maintaining unrestricted public access to State tidelands unless there are specific reasons why such access is inconsistent with public safety, there are specific site conditions that warrant special consideration or other documented problems. In addition, before restricting public access, the Commission generally prefers that a variety of management measures be utilized first to address prospective issues. Thank you for the opportunity to review the Deed of Easement. If you have any questions, or wish to discuss this matter further, please don't hesitate to call Bill Ponder or myself at the above office. Sincerely, Deborah Lee District Manager cc: Gary Wayne Richard Rudolph Michael Grim Bill Ponder Amy Roach