HomeMy WebLinkAboutCDP 97-59; Levy Residence; Coastal Development Permit (CDP) (41)JhC. LwyJv.
November 13,2000
From: Mr. John C. Levy Jr.
To: Mr. Ed Davidson
RE: Code Violation Notice
Dear Mr. Davidson,
I am in receipt of your letter dated November 7'" ZOO0 concerning the complaint received in reference to
the Closure of my 'dawn to dusk" gate.
During the entitlement of my property (CDP-97-58) part of the conditions was to install a "dawn to dusk" access gate along the western property line. In addition an "offer of dedication" for pedestrian access was to be executed by myself and accepted by the City of Carisbad.
Upon completion, the proled was final inspected and found to be in compliance with CDP 97-59 by the
respective city departments.
Section 30212 of the California Coastal Ad states: (a) PuMic 8cc8ss from the nearest public madway to the shoreline and along the coast shall be provide in development projects except where: (3) Dedicated accessway shall not be required to be opened to public use until a public agency or private association
agrees to accept responsibility for maintenance and liability of the accessway.
Albeit the 'offer to dedicate" was executed on my part, the city declined to accept the dedication because of the liability and maintenance issues relating to the city's risk management. The majority of public dedications are not accepted for this reason.
Because of the sites remote nature, ooupled with the surrounding wildlife lagoon, and an extremely hazardous 'rip rap" embankment I am extremely reluctant to assume personal liability and maintenance responsibility for public access.
Once the city provides me with the proper insurance liability and maintenance guarantee I would have a different view upon your request.
If you have any additional questions or would like to discuss the matter further 1 can be contacted at
(760) 931-900 ext.
CC: Mr. Chris DeCerbo