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HomeMy WebLinkAboutHDP 96-10; Cade Tentative Parcel Map; Hillside Development Permit (HDP) (2)-ATE OF CALIFORNIA-THE RESOURCES AbtNCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION March 31, 1998 . .. SAN DIEGO COAST AREA 311 1 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 ,!,' i' /. Agua Hedionda Lagoon Foundation Bob Richards P.O. Box 4004 t' Carlsbad, CA 92009 '\, SUBJECT: Historic Pub1 i c Use of Property along the North Shore of Agua >~ s. 1 Hedionda Lagoon - 4529 Adams Avenue, Carlsbad Dear Mr. Richards: The Coastal Commission staff has received an application for construction of fencing along the eastern and western property lines of the above referenced property which would block publ ic access across the site along the north shore of Agua Hedionda Lagoon. The application also proposes a 2-lot subdivision and construction of two single family residences on the new lots. The application a1 so includes an offer to dedicate an easement for lateral publ i c access during the daytime. Use of the access easement would be controlled by gates on the fences and would be available only at such time that the access easement is accepted by a public entity. We bel i eve the subject site has been used by the publ ic, as we1 1 as other properties along the north shore of Agua Hedionda Lagoon, as trail access along the 1 agoon edge. A1 so, the Agua Hedionda Land Use P1 an contains policies that provide for a publ ic trai 1 along the north shore of the lagoon. We have previously circulated the attached questionnaire to try to determine the nature of historic public use of this property, to help staff determine whether the applicant's proposal is consistent with the Coastal Act. Sections 30210 and 30211 of the Coastal Act state: Section 30214 In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for a1 1 the people consistent with public safety needs and the need to protect publ ic rights, rights of private property owners, and natural resource areas from overuse. Section 3021 1 Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. We have received some response to the attached questionnaire, however, please feel free to distribute the questionnaire to any members of the foundation you believe has used this property for trai 1 access. However, we are particularly interested in the Lagoon Foundation's position regarding provision of an improved public access trai 1 in the future along the north shore of Agua Hedionda Lagoon, and the public use of such a trail being regulated by gates during the daytime only. As this item will likely be scheduled for the May . Page 2 12-1 5, 1998 hearing in Sacramento, a response no later than Apri 1 15, 1998 would be appreciated to a1 low use of the information in development of the staff recommendation on the project. Thank you in advance for your response. Sincerely b-id ~~ Bi'll Ponder Coastal P1 anner cc: Steve Cade Ci ty of Carl sbad 1921A