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HomeMy WebLinkAbout; California Lutheran Homes; 2017-0322530; EasementRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060-4508 (Legal Division) AND MAIL RECORDED COPY TO: CITY OF CARLSBAD Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 ST ATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation Pursuant to Government Code §27383 APN: 203-235-05-00 California Lutheran Homes 6-96-30 DOC# 2017-0322530 111111111111 lllll 111111111111111 lllll 111111111111111 ll111111111111111I Jul 18, 2017 11:14AM OFFICIAL RECORDS Ernest J. Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 30 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate Public Lateral Access Easement and Declaration of Restrictions dated August 21, 1996, executed by California Lutheran Homes, a California non-profit corporation, and recorded on November 14, 1996 as Instrument Number 1996-0576214 of the Official Records of San Diego County, attached hereto as EXHIBIT 1 and incorporated by this reference, is hereby accepted by the City of Carlsbad, a public agency, on the executed date, pursuant to CMC 11.04.050, and the Grantee consents to recordation hereof by its duly authorized officer. Grantee: CITY OF CARLSBAD APPROVED AS TO FORM: CELIA BREWER City Attorney By: !Id~ RON KEMP Assistant City Attorney Dated: ~/;:; / I f City Clerk ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION OF ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE LATERAL ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS This is to certify that the City of Carlsbad, a public agency, is acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Irrevocable Offer to Dedicate Lateral Access Easement and Declaration of Restrictions executed by California Lutheran Homes, a California non-profit corporation, and recorded on November 14, 1996 as Instrument Number 1996-0576214 of the Official Records of San Diego County. Dated: {pp e) /~ 7 -vORNIA COASTAL COMMISSION y . her Pederson, Chief Counsel A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ST A TE OF CALIFORNIA COUNTY OF SAN FRANCISCO On __ 0_f ----1(_2b __ ( _r+ _____ , before me, JEFF G. ST ABEN-MIHALEK, Notary Public, personally appeared CHRISTOPHER PEDERSON, who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PEN AL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I .. ~¾ •• JEFF G. STABEN-MIHALEK I -• . . "" Commission No.2142210 ~ ~ • .•:--~ ~1 NOTARY PUBLIC-CALIFORNIA !i SAN FRANCISCO COUNTY 11,1y Comm Expires FEBRUARY 9, 2020 EXHIBIT 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 RECORDJNG RMUESTED BY COMMONWEALTH LANO TITLE CO. 1321 RECORDING REQUESTED BY AND RETURN TO: OFFICIAL RECORDS SAH DIEGO COUHTY RECORDER'S OFFICE GREGORY S"ITH, COUHTY RECORDER California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 r: '3 \, · 1,; ,-,lu) /JF FEES: 0.00 IRREVOCABLE OFFER TO DEDICATE PUBLIC LATERAL ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS (hereinafter referred to as the "Offer") is made this 21st day of August, 1996, by California Lutheran Homes, a California non-profit corporation, (hereinafter referred to as the 11 Grantor11 ) • I. WHEREAS, Grantor is the legal owner of a fee interest of certain real property located in the County of San Diego, State of California, and described in the attached Exhibit A (hereinafter referred to as the "Property"); and II. WHEREAS, all of the Property is located within the coastal zone as defined in §30103 of the California Public Resources Code (hereinafter referred to as the "California Coastal Act of 1976); and III. WHEREAS, the California Coastal Act of 1976 (hereinafter referred to as the "Act") creates the California Coastal Commission (hereinafter referred to as the "Commission") and requires that any coastal development permit approved by the Commission 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, Granter applied to the California Coastal Commission for a permit to undertake development as defined in §30106 of the Public Resources Code on the Property within 311sn.1 >URT PAPER ,te of California 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 D. 113 (Rev. 8-72) u 1322 the coastal zone of San Diego County; and V. WHEREAS, a coastal development permit number 6-96-30 (hereinafter referred to as the "Permit") was granted on May 7, 1996, by the Commission in accordance with the provision of the Staff Recommendation and Findings, attached hereto as Exhibit B and hereby incorporated by reference, subject to the following condition: A. Lateral Public Access. As proposed by the applicant, prior to the issuance 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 western property line to the toe of the proposed foundation wall/seawall. The recorded 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 any other 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. Ill - 2 - 311877.1 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 PAPER 28 California 1 (Rev, 8 ,72) ·U u 1323 VI. WHEREAS, the Property is a parcel located between the first public road and the shoreline; and VII. WHEREAS, under the policies of §30210 through §30212 of the Public Resources Code, public access to the shoreline and along the coast is to be maximized, and in the new development projects located between the first public road and the shoreline shall be provided; and VIII. WHEREAS, the Commission found that but for the imposition of the above condition, the proposed development could not be found consistent with the public access policies of §30210 through §30212 of the Public Resource Code and that, therefore, in the absence of such a condition, a permit could not have been granted; and IX. WHEREAS, Granter has elected to comply with the Condition and execute this Offer so as to enable Granter to undertake the development authorized by the Permit; and NOW THEREFORE, in consideration of the granting of the Permit to the Granter by the Commission, Granter hereby irrevocably offers to dedicate to the People of the State of California, a lateral access easement in gross and in perpetuity over the Property as follows: 1. DESCRIPTION. The easement offered hereby affects that portion of the Property referred to in Exhibit A hereto as "Parcel C," along the entire width of the said portion of the Property from the western property line to the toe of the foundation/ seawall and as specifically described in Exhibit C attached hereto and incorporated herein by reference. 2 • PURPOSE. The easement is for the purpose of allowing public pedestrian lateral access and passive recreational use along the shoreline. 3. DECLARATION OF RESTRICTIONS. This offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the .. 3 - 311877.1 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 lURT PAPER 2 8 Lie of California D. 113 (Rev. S-72) u u 1324 Offer, to interfere with any rights of public access acquired through use which may exist on the Property. After acceptance, Granter shall not interfere with the public's use of the easement nor take any action inconsistent with such use, including, without limitation, constructing or improving the Property within the easement area in a manner inconsistent with the public's use or enjoyment thereof. Granter shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with the easement. Granter shall not be bound to undertake any supervision or maintenance to provide for the public purposes hereunder. Prior to the opening of the accessway, the Grantee, in consultation with the Granter, may record additional reasonable terms, conditions, and limitations on the use of the Property in order to assure that this Offer for public access is effectuated. 4. DURATION, ACCEPTANCE AND TRANSFERABILITY. This irrevocable offer of dedication shall be binding upon the owner and the heirs, assigns, or successors in interest to the Property described above for a period of 21 years. This Offer may be accepted by any agency of the State of California, a political subdivision, or a private association acceptable to the Executive Director of the Commission (hereinafter referred to as the "Grantee"). Such acceptance shall be effectuated by recordation by the Grantee of an acceptance of this Offer in the form attached hereto as Exhibit D. Upon such recordation of acceptance, this offer and terms, conditions, and restrictions shall have the effect of a grant of lateral access easement in gross and perpetuity that shall run with the land and be binding on the heirs, assigns, and successors of the Granter. After acceptance, this - 4 - 311877. 1 IURT PAPER .te of California 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 D. 113 (Rev. 8-72) l; ."} " u 1325 easement may be transferred to and held by any entity which qualifies as a Grantee under the criteria hereinabove stated. Acceptance of the Offer is subject to a covenant which runs with the land, providing that the Grantee may not abandon the easement until such time as Grantee effectively transfers said easement to an entity which qualifies as a Grantee under the criteria hereinabove stated. 5. REMEDIES. Any act, conveyance, contract, or authorization by Granter whether written or oral which uses or would cause to be used or would permit use of the easement contrary to the terms of this Offer will be deemed a breach hereof. The Granter, any Grantee of this easement and any offeree of this Offer may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Offer and easement and their respective interest in the property. In the event of a breach, any forbearance on the part of any such party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 6. TAXES AND ASSESSMENTS. Granter agrees to pay or cause to be paid all real property taxes and assessments levied or assessed against the Property. It is intended that this irrevocable offer and the use restrictions contained herein shall constitute enforceable restrictions within the meaning of a) Article XIII, §8, of the California Constitution; and b) §402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Offer, easement and restrictions shall be deemed to constitute a servitude upon the burden of the Property within the meaning of §3712(d) of the California Revenue and Taxation Code, or successor statute, which -5 - 311877.1 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 IURT PAPER 28 ,tc of California 'D. 113 (Rev, 8-72) I .• I~ '-" u survives a sale of a tax-deeded property. 1326 7. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary. 8. SEVERABILITY. If any provision of this Offer is held to be invalid, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. Executed on this ft I .:S~ ,4 +-i;Z:::." day of; U:te / 1996, at 0QMcS /j .3)01/l C TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE - 6 - 311877.1 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 IURT PAPER 28 .te of California D. 113 (Rev. S-72) t: l~ v u 1327 STATE OF C~IFO~l COUNTY OF l.0~ -e.t-€...-9. on Y>/i.1 / Cj It, before me, A Notary Public personally appeared _~ __ R ___ S_µ,.__._~ ______ )e, ______ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(~) whose name(&.) is/ei?e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/.be:r/their authorized capacity(-4-e-s-), and that by his/her/their signature(/) on the instrument the person 0, or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. Signatur~o2£iEvr-'.) STATE OF CAI,.IFO,IA COUNTY OF LO snqele s On before me, LOIENALCWJIS 0ab5511*:in, tem1'1 --Mlc-C 7 • laMQIIIIOrullf -Clllm.EJCINI--- A Notary Public personally appeared _..._K, .... .e_v_1 ..... n_J_._(J.,_~_r ___ .ber ____ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~) whose name~) is/-e:-e subscribed to the within instrument and acknowledged to me that hej,ehe/tliey executed the same in his/fio~/their authorized capacity{-4-e&), and that by his/he*/their signature(/) on the instrument the person'}), or the entity upon behalf of which the person'/) acted, executed the instrument. WITNESS~nd ~fficial seal. Signatu dv)tJ U,~ -7 - 311877. 1 >URT PAPER .te of California 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 D. 113 (Rev. S-n) 1328 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 Commission when it granted Coastal Development Permit No. 6-96-30 May 7, 1996 on _________________ _ and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: Jf~ I 31 / 7 Jl STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On 11/13)9t,, before me, Notary Public personally appeared ers, Staff Counsel nia Coastal Commission Deborah L. Bove A John Bowers personally known to me (or proved to me on the basis of satisfactory evidence} to be the person(s} whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seal. Signature i{llJ. ~ -8 - 311877. 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 tC'ffl:Ct1!fZ?ZtZtS!ZDNi t5mn ft TS -, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof Se-b,~ ) On 1/J& I , -:,.. before me, _eu_,_h:S_---':fA~u:.~~----"----',/1-'--~-~-------~'R=u=h~l,'_c...~--~ ( Date Here Insert Name and Title of the Officer personally appeared ---~-'-"-..:::....;_..;..;i's=t,,....._--=L=u'-~..;..;cXa,....:_-h...,'(.(1..~ ..... } _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the~erson<i whose name~ is/~ subscribed to the within instrume9t and acknowledged to me that h she/thH" executed the same in hiit,er/th~ authorized capacity(ijl§), and that by his/her/their signature~ on the instrument the person(gf, or the entity upon behalf of which the person"' acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ----------------oPTtoNAL---------------Though this section is optional, completing this information can deter alteration of the document or fraudulent reatta.chment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________ _ Number of Pages: ___ Signer(s) Other Than Named Above: -:;;;;;,-"~---------- Capacity(ies) Claimed by Signer(s) Signer's Name:-----------~--1gner's Name: ___________ _ D Corporate Officer -Title(s): D Corporate Officer -Title(s): _____ _ D Partner -D Limited D Ge D Partner -0 Limited D General D Individual DA y in Fact D Individual D Attorney in Fact D Trustee Guardian or Conservator D Trustee D Guardian or Conservator D Other· D Other: _____________ _ s· r Is Representing: Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 u ·U EXHIBIT A DESCRIPTION OF REAL PROPERTY Parcel A: Block 8 and 9 of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 365, filed in the Office of the County Recorder of San Diego County February 2, 1987; also all of Garfield Street adjoining said blocks 8 and 9 as vacated and closed to public use. 1329 Together with the Southeasterly½ of Cedar Street as is shown on said map adjoining said land on the Northwest which upon closing would revert, by operation of law to the above described land. Parcel B: Parcel 1 of Parcel Map No. 3488, in the City of Carlsbad, County of San Diego, State of California, according to map on file in the Office of the County Recorder of San Diego County, being a division of a portion of block 12 of the Town of Carlsbad, according to map thereof No. 535, filed in the Office of the County Recorder of San Diego County. Except from the Northwesterly 125.00 feet of the Northeasterly 100.00 feet -measured along with Northeasterly and Northwesterly lines -thereof, all oil, gas and other hydrocarbons, water -and steam -and all other minerals, whether similar to those herein specified or not, within or that may be produced from said parcel, provided however, that the surface of said parcel shall never be used for the exploration, development, extraction, removal or storage of any thereof. Also excepting the sole and exclusive right from time to time to drill and maintain wells or other works into or through said parcel below a depth of 500 feet and to produce, inject, store and remove from and through such wells, or works, oil, gas, water and other substances of whatever nature, including the right to perform any and all operations deemed by Granter necessary or convenient for the exercise of such rights as reserved by standard oil company of California, a Delaware Corporation, in deed recorded November 22, 1968 as document No. 205029 of Official Records. Parcel C: Lots SO, 51, 52 and South 15 feet of lot 49, in Block "A" of Map No. 2 of the Hayes Land Company -incorporated -addition, in Carlsbad, County of San Diego, State of California, according to map thereof No. 12221, filed in the Office of the County Recorder of San Diego County, November 4, 1909. 315986.1 EXHIBIT B u 1330 TATE OF CALIFORNIA-THE RESOURCES AGENCY . PETE WILSON, Goi,wmor :ALIFORNIA COAST AL COMMISSION AN DIEGO COAST AREA 111 CAMINO DEL RIO NORTH, SUITE 200 AN DIEGO, CA 92108-1725 119) 521-8036 Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date: March 28, 1996 May 16, 1996 September 24, 1996 LRO-SD April 12, 1996 May 8-10, 1996 STAFF REPORT: CONSENT CALENDAR Application No.: 6-96-30 Applicant: California Lutheran Homes Agent: James Doyle, California Lutheran Homes Anthony Lawson, AOL Planning & Associates Description: Demolition of an existing residential care facility and construction of a new facility which consists of, in part: a 31,750 sq.ft., 28-unit two-story structure over subterranean parking on Parcel A; an 11,420 sq.ft., six-unit three-story structure with underground parking garage on Parcel C; 9,800 cy. yards of cut and 2,000 cy. of fill grading on Parcel A and 500 cy. of cut and 1,200 cy. of fill grading on Parcel C; partial street vacation of Christiansen Hay; street improvements; installation of landscaping and signage; and an offer to dedicate a public lateral access easement. Lot Area Building Coverage Pavement Coverage Landscape Coverage Unimproved Area· Parking Spaces Zoning Plan Designation Ht abv fin grade 44,988 sq. ft. (within Mello II area) 20,026 sq. ft. (451) 9,805 sq. ft. (221) 13,357 sq. ft. (291) 1,800 sq. ft. ( 41) 69 R-3/BAOZ RMH/RH 30' (Parcel A); 39' (ParcelC/west elevation); 3'9" (Parcel C/east elevation) Site: Two adjacent parcels on the east and west sides of Ocean Street, between Christiansen Hay to the north and Grand Avenue to the ·south, at 2855 Carlsbad Boulevard, Carlsbad, San Diego County. APNs 203-231-01 (partial), 203-235-05 STAFF RECOMMENDATION: The staff .recommends the Commission adopt the following resolution: -~. ., I. AooroyaJ with Conditiqns. The Commission hereby grants a permit for the proposed development, @ . . . · 1331 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. Substantive File Documents: Certified City of Carlsbad LCP -Hello II segment; Geotechnical Report by Hetherington Engineering, Inc. -10/18/94; Geotechnical Report by Leighton and Associates -6/30/94; Update to geology report by Leighton and Associates, Inc. dated 4/4/96; Letter from KPFF Consulting Engineers dated 4/4/96. II. standard Conditions. See attached page. III. Special Conditions. The permit is subject to the following conditions: 1. Assumption of Risk. Pri~r to the issuance of the coastal development permit, the applicant [and landowner] shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide: Ca) that the applicant understands that the site may be subject to extraordinary hazard from wave action and the applicant assumes the liability from such hazard Cb) the applicant hereby unconditionally waives any claim of liability against the Commission or its successors in interest and agrees to indemnify and hold harmless the Commission, its officers, agents, and employees relative to the Commission's approval of the project for any damage. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens. 2. Lateral Public Access. As proposed by the applicant, prior to the issuance 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 western property line to the toe of the proposed foundation wall/seawall. The recorded 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 any other 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~ period of 21 years, such period runnfng from the date of recording. U·1 .. ( /~-~ 1332 Page 3 3. State Lands Commission Review.· Prior to the issuance of the coastal development permit, the applicant shall obtain a written determination from the State Lands Commission that: a) No state lands are involved in the development; or . b) State lands are involved in the development, and all permits required by the State Lands Commission have been obtained; or c) State lands may be involved in the development, but pending a final determination of state lands involvement, an agreement has been made by the applicant with the State Lands Commission for the project to proceed without prejudice to the determination. . 4. public Rights. By acceptance of this permit, the applicant acknowledges, on behalf of him/herself and his/her successors in interest, that issuance of the permit shall not constitute a waiver of any public rights which may exist on the property. The applicant shall also acknowledge that issuance of the permit and construction of the permitted development shall not be used or construed to interfere with any public prescriptive or public trust rights that may exist on the property. · s. foundation Wa11/Seawa11 Design. Prior to the issuance of the coastal development permit amendment, the applicant shall submit final plans for the foundation wall/seawall for the proposed structure to the Executive Director for review and written approval. The proposed foundation wall/seawall shall be designed in substantial conformance with the geotechnical report by Hetherington Engineering, Inc. dated 10/19/94 and constructed consistent with the final plans approved by the Executive Director. 6. Construction Access/Staging Area/Project Timing. Prior to the issuance of the coastal development permit, the applicant shall submit plans showing the locations, both on-and off-site, which will be used as staging and storage areas for materials and equipment during the construction phase of this project. The staging/storage plan shall be subject to revJew and written approval of the Executive Director. Use of sandy beach and public parking areas, including on-street parking for the interim storage of materials and equipment shall not be permitted. 'The plan shall also indicate that no work may occur on sandy beach during the summer months (Memorial Day to Labor day) of any year and that equipment·used on the beach shall be removed from the beach at the end of each work. day. · 7. Construction Materials. Disturbance to sand and intertidal areas shall be minimized. Beach sand excavated shall be redeposited on the beach. Local sand, cobbles or shoreline rocks shall not be used for back-fill or construction material. -.. a. Disposal of Graded Spoils. Prior to the issuance of the-coastal development permit, the applicant shall identify the location for the disposal of graded spoils. If the ~ite is located within the coastal zone, a separate coastal development permit or permit amendment shall first be obtained from 0-1 l~ Pa~ the California Coastal Commission or its successors in interest. IV. findings and oecJaratjons. The Commission finds and declares as follows: 1333 1. Detailed Project Descrjptjon. The subject project represents a portion of a larger project which is located on three separate parcels and within two separate LCP segments of the City of Carlsbad's certified LCP. The entire project generally consists of the demolition of an existing residential care facility consisting of 102 living units and a 59-bed skilled nursing facility and the intensification and expansion of the facility, without a change·in use. The three parcels are as follows: Parcel A (2.3 acres), is located on the west side of Carlsbad Boulevard (Highway 101) and is bounded by Christiansen Way to the north, Grand Avenue to the south and Ocean Street to the west. Parcel B (.9 acres), is one lot located across Grand Avenue to the south from Parcel A, situated on the west side of Carlsbad Boulevard, and is . bounded by Garfield Street to the southwest. Parcel C (12,600 sq.ft.) consists of an oceanfront blufftop parcel located on the west side of Ocean Street. (Reference Exhibit No. 3). Parcels A and Bare both fully developed while Parcel C is vacant. All of Parcel Band the majority (approximately the eastern two-thirds) of Parcel A is within the Village Redevelopment segment of the LCP which is subject to the City of Carlsbad's permit jurisdiction. All of Parcel C and that portion of Parcel A which is west of Garfield Street, however, is within the Mello II LCP segment of the City of Carlsbad's certified LCP where the Commission retains permit jurisdiction. Only the development on the portions of the site contained within the Mello II LCP segment are subject to this permit. For reference purposes. the entire project (both within Mello 1I·and outside Mello II) will consist of construction of a 264,394 sq.ft. structure on Parcel A, a 94,339 sq.ft. structure on Parcel Band a 13,967 sq.ft. structure on Parcel c. The total number of living units proposed is 157 plus two visitor units and a 33-b.ed skilled nursing facility .. A total of 3,200 sq.ft. of retail use is also proposed on the ground floor of the proposed structure on Parcel B. Other improvements include partial vacation of Christiansen Hay, · street improvements, and installation of landscaping and signage. Ancillary improvements within the new facility will consist of a conmunity/multi-purpose room, beauty shop, activity rooms, therapy pool and spa, roof garden and· beach observation deck. Those portions of the project subject to this permit include that portion of the proposed two-story structure over subterranean parking on Parcel A which totals to 31,750 sq.ft and construction of a three-story, 11,420 sq.ft. structure with underground parking garage (six spaces) on Parcel C. A total of 34 living units are proposed within the Me11o II area. The amount of grading proposed on Parcel A within the Mello II area in association with the construction of the subterranean parking garage totals to 9,800 cy. yards of cut and 2,000 cy. of fill. For Parcel C, 500 cy. of cut and l~ZOO cy. of fill grading is proposed. Of the 1,200 cy. of fi 11 , approx .. 700 cy. wi 11 be imported from Par~el A as a result of the grading occurring on that site. As 6u~- Page 5 1334 the disposal site for the graded spoils has yet to be identified, Special Condition No. 8 has been attached which advises the applicant that if the disposal site is within the coastal zone, a separate coastal development permit will be required. A total of 69 parking spaces are being proposed on Parcels A and B within the subject LCP area. The applicant also proposes to partially vacate a portion of Christiansen Hay between Carlsbad Boulevard an.ct Ocean Street. In addition, the applicant is also proposing an offer to dedicate a lateral public access easement in association with the proposed development. The easement will be over the sandy beach area·on the subject property which is seaward of the foundation wall/seawall to the western property line. 2. Geologic Hazards/Shoreline Protection. One of the parcels, Parcel c, is an ocean blufftop lot. The Commission has traditionally been concerned that new development should minifiZe risks to life and property and should not necessitate the need for shoreline protective devices, which often alter natural landforms and encroach onto sandy beach areas. In reliance upon Coastal Act Sections 30235 and 30253, the Certified Carlsbad LCP Mello II segment contains the Coastal Development overlay zone which includes a policy addressing the "stringline" of development as it relates to geologic stability and visual resource protection. In addition, applicable policies of the certified Mello II LCP also include the following: "Policy 4-1 coastal Erosion Ca> Development Along Shoreline For all new development along the shoreline, including additions to existing dev~lopment, a site-specific geologic investigation and analysis. similar that required by the Coastal Connission•s Geologic Stability and Blufftop Guidelines shall be required; for permitted development, this report must demonstrate bluff stability for 75 years, or the expected lifetime of.the structure, whichever is greater ... C. •• ] c> Shoreline Structures Revetments, ... seawalls .•• and other such construction that alters natural shoreline processes shall be permitted when required to ser~e coastal- dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply •.. " A geologic report prepared for the project site indicates that the site is geologically stable to support the proposed development ·and that there is no _. evidence of bluff failure or faults on the subject property. The site · elevations range from seven feet MSL at its west elevation, to 44 feet MSL at its eastern elevation. Parcel C is vacant and the proposed developments represents infill between two developed parcels. The propose~ development u ~bo Pa~6 1335 within the building consists of enclosed living area and will contain six living units in association with the professional care facility. Although no separate shoreline protection seaward of the proposed structure is proposed or warranted, the proposed structure on the subject oceanfront lot has been designed such that its foundation wall (seven feet high) will serve as a seawall to provide the necessary protection from wave action during high tide and severe storms. As noted by the project engineer, provided the western portion of the building foundation wall is designed in accordance with the geotechnical report, the proposed development is expected to be reasonably safe from geotechnical concerns over the economic lifetime of the structure Ci .e., 75 years). In addition, a second project engineer has further indicated that the seawall/foundation wall will utilize generally accepted engine~ring standards to provide structural integrity and stability, with respect to corrosion and deterioration of the concrete, for the proposed design life of 75 years. Special Condition No. 5 has been attached which requires submittal of final plans for the proposed foundation wall/seawall and that said wall shall be constructed in substantial conformance with the geotechnical report for the project. As part of the project design, also proposed is a 20-foot high retaining wall at the east side of the first/second levels (17.67 ft. and 27.56 ft. MSLi respectively) of the proposed structure which is proposed to be terraced down the coastal bluff. (Reference Exhibit No. 4). The proposed structure will not encroach further seaward than the existing structures on the lots to the immediate north and south of the subject site. Both structures on the lots to the north and south contain existing vertical seawalls seaward of the buildings. In the subject proposal, the proposed structure will be within the stringline of development (i.e., the existing residential structures, not the seawalls) of the lots to the north and south, and no separate shoreline protection is proposed seaward of the structure. As such, the proposal can be found consistent with the Coastal Development Bluff Overlay stringline regulations contained in the certified LCP for the area .. However, ~ue to the inherent risk of development on the site from the hazards of ocean waves and flooding, and the Commission's mandate to minimize risks (Section 30253), the Commission's standard waiver of liability condition has been attached as Special Condition No. 1. Pursuant to Section 13166(a)(l) of the Convnission's California Code of Regulations, an application may be filed to remove Special Condition No. 1 from this permit if the applicant presents newly discovered material information regarding the existence of any hazardous condition which was the basis for the condition, if he could not with reasonable diligence have·d1scovered and produced such information before the permit was granted. Therefore, as conditioned, the Commission finds the proposed development consistent with Section 30253 of the Act. 3. Public Atcess/Parkjng. Section 30211 of the Coastal Act ltates: Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authoriz&tion, including, but not limited to, the use of dry sandy and rocky coastal beaches to the first line of terrestrial vegetation. '<J· ~ 6-U Page 7 In addition, Section 30212 of the Act states, in part: (a) Public· access from the nearest public roadway to the shoreline and along the coast shall be provi~ed in new development projects except where: (1) it 1s inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby ...• 1336 Also, Section 30604(c) of the Act requires that a specific access finding be made for any project located between the first coastal roadway and the sea. The project site 1s located between the ocean and the first coastal roadway (Ocean Street). H1th regard to existing public access in the area, public vertical access to the beach is available one lot to the south of the site at an improved public beach access stairway at the foot of Gran~ Avenue and also one lot to the north at another beach accessway. There are numerous beach accessways along the west side of Ocean Street. In addition, public access is available at Carlsbad State Beach two blocks to the south of the site. The beach area seaward of the subject property is characterized by a sandy cobble beach. Presently, there is no access across the subject site due mostly to the fact that it consists of steep terrain and is also fenced off. There is evidence of historic public use of the sandy beach area seaward of the bluff face; thus, potential ·prescriptive rights to public access may exist. Additionally, this area may be subject to the public trust. However, although the proposed development presents lateral access issues, the Convnission is not evaluating these for purposes of requiring access since the applicant has proposed to offer to dedicate that portion of the property seaward of the proposed foundation wall/seawall for public use. Because the Convnission is relying on the applicant's offer in lieu of making a detailed evaluation, Special Condition No. 2 has been attached for an offer to dedicate a lateral access eas~ment. Hith this condition, it can be assured the applicant's proposal is carried out and that the sandy beach area on the subject property seaward of the proposed foundation wall/seawall will be preserved for pub 11 c access-. Special Condition No. 3 requires the submittal of documentation from the State Lands Convnission that either no state lands are involved with the project or that the development on state lands that are involved has either been authorized or may proceed without prejudice to a final agreement to use such lands. Special Condition No. 4 serves to recognize that the public may have certain rights to the area west of the proposed development, none of which are affected by the granting of this permit. In addition, Special Condition No. 6 requires the submittal of a plan for. the construction phase of the project addressing storage locations for material and equipment and timing for project _ implementation. The plan shall be designed so that construction ~citivites which ·would adversely affect public access to and enjoyment of the beach are avoided between Memorial Day and Labor Day. In addition, Special Condition No. 7 advises the applicant that during construction, disturbance to sand and 6-\.)6 Page 8 1337 intertidal areas be minimized and that any beach sand excavated be redeposited on the beach and that local sand or cobbles may not be used as backfill or construction material for the project. Hith regard to parking, for that portion of the project subject to this permit, a total of 69 parking spaces are being provided in the subterranean· parking garage both on Parcels A and C which is more than adequate to serve the proposed 34 living units subject to the permit which would require 15 spaces. As part of the overall project, both within Mello II and the Carlsbad Village Redevelopment Area, the applicant is constructing a 233-space subterranean parking garage. The parking required for the entire professional care facility is 132 parking spaces (.45 space per bed/living units). In addition, a total of 11 spaces (1 space per each 300 sq.ft. of gross floor area) are required for the proposed 3,200 sq.ft. of retail use on Parcel B. As such, there will be more than sufficient parking for the proposed. facility within the proposed parking garage. In addition, the applicant is proposing to partially vacate Christiansen Hay from a width of 80 feet to 40 feet in order to provide for access into the subterranean parking garage from the south side of the street just east of Ocean Street. Presently, there are 38 unstriped on-street parking spaces available within this right-of-way. The applicant proposes to formally stripe perpendicular spaces along the north and south sides of the right-of-way to recapture 24 spaces. Of initial concern was how the proposed street vacation may affect public access opportunities since there is very little in the way of formal public parking in this nearshore area. The closest public parking lot west of Carlsbad Boulevard in the imediate vicinity of the project is at the southern terminus of Oak Avenue, which is approx. two blocks south of the subject site. That parking lot is a state-owned lot with approx. SO parking spaces. Along Ocean Street, the first public road, due to numerous curb cuts for access to parking garages for residential structures on the west side of the street, there is limited on-street parking. In addition, there is limited parking on the surrounding streets in the area. To address this concern, the applicant has proposed several street improvements, including improving the right-of-way of Garfield Street north of Christiansen Way such that 51 perpendicular parking spaces will be provided. Presently, this unimproved right-of-way can accommodate approx. 30 vehicles. By improving the right-of-way and striping spaces, more parking will be provided at this location. In addition, the south side of Grand Avenue between Carlsbad Boulevard and Garfield Street will be re-striped to increase the amount of street parking from 10 spaces to 18. As part of the review process through the City of Carlsbad, a parking survey was conducted which included documenting the number of public parking spaces on the streets surrounding the subject site. According to the City, taking into consideration the proposed street improvements and partial street vacation, proposed as part of the subject project (reconfiguration of parking, re-striping or improving areas that presently only have unimproved parking, etc.), there will be no net loss in public parking along the punlic rights-of-way in this nearshore area. According to the parking table included with the project, the existing public parking in the area is presently 130 ': .. } '-,.,( 6-~ Page 9 1338 . After project completion, the total number of public parking spaces w1, • be 132. In addition, it should be noted that presently, the employees of the subject primary care facility park. on the surrounding public streets, which potentially usurps parking available for beach visitors. Through provision of the proposed subterranean parking garage, there will be more than ample parking to serve the needs of the residents, visitors and employees of the proposed facility alike which should free up street parking for beach users, etc. As such, the proposed project will not adversely affect parking for public access in the area. Therefore, the project, as conditioned, is found to be consistent with all applicable public access and recreation policies of the Coastal Act as well as the certified LCP for the area. 4. Visual Resources. -Section 30251 of the Act calls for the protection of public views to and along the ocean and provides that new development be compatible with the character of the surrounding area. The certified Mello II LCP also contains a policy, as earlier noted, which essentially states that new development on the seaward side of Ocean Street shall observe a setback based on a "stringline" method, in part for visual resource protection purposes. The proposed structure on Parcel C will be visible from the adjacent beach and represents infill between existing developed oceanfront parcels. Many of tne oceanfront residences in the area have decks, patios, and other structures which extend seaward of the principal residential structure. The adjacent developments to the immediate north and south of the proposed development consist largely of multi-unit residential structures with balconies or decks at the upper. levels of the structure. In the subject proposal, the only accessory improvements proposed seaward of the structure are exterior balconies which will be located several feet above grade, as opposed to being located at beach elevation. In addition, there will be no significant adverse impacts on views to and along the coast as a result of this project. The structure on parcel A will attain a height of 30 feet. The p·roposed structure on parcel C will vary in height and has been sensitively designed to preserve public views to the ocean by terracing the development down the blufftop lot. From its western elevation, it will appear as a three-story, 39-foot high structure, which is similar in height to the two multi-family structures on the lots immediately to the north and south of the subject site. From its eastern elevation (Ocean Street), the first public road, the structure will only be 3-foot, nine-inch high above street elevation with rooftop viewing and an ocean scenic overlook. A small elevator/storage building (15' ·wide X 18 1/2' high) and restroom building (same size) will be located on the rooftop along with a 15-foot high wood trellis on stucco columns. A pedestrian ramp and a set of stairs will provide access to the rooftop from Ocean Street. Hhile the scenic overlook is proposed for the residents of the subject project, nevertheless, existing public views across the building to the ocean from the public road will be preserved. -.-The proposed development on Parcel C will be located in a well-developed single-and multi-family residential neighborhood while the existing character of the surrounding properties near Parcel A is related to tourist and highway commercial activities. Surrounding uses include retail establishments, 6-V/~ Page 10 restaurants, a church, hotel, and the Army/Navy Academy. Carlsbad Boulevard (Highway 101) serves as the main thoroughfare for the Carlsbad Village area and most of the development along this ·major coastal access route consists of visitor-serving commercial uses. The continued use of the site as a professional care facility has been permitted to be grandfathered by the City as part of the Local Coastal Program amendment to the Village Redevelopment· segment of the City's LCP which was approved 1n April. The proposed development on both parcels will be compatible in design and height to other development in the area, and will be generally consistent with the existing surrounding development. The·applicant 1s also proposing to visually enhance the surrounding area through a variety .of street improvements which will include the provision of public sidewalks on the west and east sides of Ocean Street between Christiansen Way and Grand Avenue and on the north and south sides of Christiansen Way between Carlsbad Boulevard and Ocean Street, and a 10-foot wide pedestrian promenade on the north side of Grand Avenue from Carlsbad Boulevard to Ocean Street. The promenade will lead directly to a set of public beach access stairs that exist at the western terminus of Grand Avenue. In addition, the applicant is proposing to landscape 291. of the lot area for both parcels A and C, which will primarily consist of a variety of shrubs and trees on Parcel A and planter boxes/garden on the rooftop of the structure on Parcel C. Also. numerous street trees are proposed to be installed along the east and west sides of Garfield Avenue north of Christiansen Hay, along the ·north side of Christiansen Hay between Garfield Avenue and Ocean Street, and on the east and west sides of Ocean Street between Grand Avenue and Christiansen Hay. Hith regard to signage. the applicant is proposing to · install a total of three pylon signs approx. 2-feet wide by 6-feet high plus one wall sign for identifi·cation purposes. In summary. the Commission finds that the proposed project can be found consistent with Section 30251 of the Act and the certified LCP. · s. Local Coastal program. Section 30519.l(C) requires that a permit for a project. within the Mello I or Mello II segment planning areas of the City of Carlsbad shall be approved only if the Commission finds that it is consistent with the certified Local Coastal Program for the area. In this case, such a finding can be made. Although the Commission approved both the Land Use Plan for the Mello II LCP and the zoning regulations (implementing ordinances), there still remains unresolved issues.· As such, the City has d~clined to implement the certified LCP. It is expected that several amendment requests will be forthcoming to address inconsistencies between the LCP and General Plan; however, effective certification is not anticipated in the immedi.ate future. Therefore, the LCP is the standard of review for the areas subject to Mello II, but the Commission is still responsible for issuing coastal development permits for this area. As stated above, the Mello II segment LUP contains specific po~icies relative to development along the shoreline. Essentially, those policies provide in part, that for shoreline development, a geology report must demonstrate bluff 1339 6-M~ Page 11 1340 stability for 75 years and that development along the seaward side of Ocean Street shall be setback based on a "stringline" method of measurement. These policies address coastal erosion and preservation of visual resources along the coastline. As noted previously, the project reflects a continuing use and the grandfathering of the professional care facility on the subject site. The site is located in two LCP areas--Mello II and the Carlsbad Village Redevelopment Area, the latter of which carries a requirement that the area be reserved for visitor-serving commercial uses. The site has not been committed to visitor-serving commercial use. In this particular case, the site has a historical presence and the. City has sought to exclude this site from the requirement to provide visitor-serving commercial uses (within the Carlsbad Village Redevelopment Area) in any redevelopment proposal. The Commission approved an amendment to the City's Village Redevelopment LCP segment which essentially consisted of a new LUP for the Village Redevvelopment area, at its April 1996 meeting. At that same meeting, the Commission also approved an amendment to exempt the subject facility, also known as Carlsbad Lutheran Homes, from the requirement to provide visitor-serving commercial uses on the ground floor. Therefore, the Commission finds that the subject proposal, as conditioned, is consistent with the policies of the certified City of Carlsbad Mello II segment LCP. 6. Consistency with the California Environmental ouality Act CCEOA>. Section 13096 of the Comission's Code of Regulations requires Commission approval of coastal development permits to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.S(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the public access policies of the Coastal Act. Mitigation measures, including conditions addressing the applicant's offer to dedicate a lateral access easement, construction techniques consistent with the geotechnical report, timing of construction/access corridors/staging areas, public rights and State Lands Commission review will minimize all adverse environmental impacts. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project is the least environmentally- damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. STANDARD CONDITIONS: -·~· ~. 1. Notice of Receipt and Acknowledgement. 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 6UL Page 12 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. 1341 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 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. (6030R) v Exhibits one (1) through five (5) of the Staff Recommendation and Findings (Exhibit B) of Coastal Development Permit No. 6-96-30 are on file and can be viewed in the offices of the California Coastal Commission, San Diego District Office, at 3111 Camino del Rio North, Suite 200, San Diego, California 92108-1725. Exhibit 1 . Exhibit 2 Exhibit 3 . Content of the Exhibits . Location Maps Site Plan Parcels C and A . Areas of Site Within mello II and Village Redevelopment Exhibit 4 .... Cross-section Parcel C -South Elevation Exhibit 5 .... West Elevation of Building Proposed on Parcel A 1342 PARCEL "D" EXHIBIT "~" LEGAL DESCRIPTION LATERAL PUBLIC ACCESS EASEMENT Page 1 of 2 13'43 A PORTION OF LOTS 50, 51, 52 AND THE SOUTH 15 FEET OF LOT 49, IN BLOCK "A" OF MAP NO. 2 OF THE HAYES LAND COMPANY, -INCORPORATED- ADDITION, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF SAID LOT 52, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE NORTH 35° 15' 37" WEST ALONG THE WESTERLY LOT LINES COMMON TO LOTS 49 THROUGH 52 A DISTANCE OF 89.96 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 15 FEET OF SAID LOT 49, THENCE NORTH 54° 44' 23" EAST ALONG THE NORTHERLY LINE OF THE SOUTHERLY 15 FEET OF LOT 49, A DISTANCE OF 17.09 FEET, TO THE WEST FACE OF A SEA WALL FOOTING; THENCE DEPARTING FROM SAID NORTHERLY LINE OF THE SOUTHERLY 15 FEET OF LOT 49, SOUTH 35° 15' 37" EAST, 45.27 FEET, ALONG SAID FACE OF FOOTING; THENCE NORTH 54° 44' 23" EAST 6.33 FEET, ALONG SAID FACE OF FOOTING; THENCE SOUTH 35° 15' 37" EAST, 44.69 FEET ALONG SAID FACE OF FOOTING, TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 52; THENCE DEPARTING FROM SAID FACE OF FOOTING SOUTH 54° 44' 23" WEST ALONG THE SOUTHERLY LINE OF LOT 52, 23.42 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 1,820 SQUARE FEET OR 0.04 AC. F:\MSOFFICE\WINWORD\93-1015\EXHBTA.LGL ---- 0 N EXHIBIT "C" 0 N Page 2 of 2 in N -~~...,.... _____ N 35°15'3i W,., 89.96' .-,--------15' 1344 BASIS OF BEARINGS; 8 ci si:,-- l L&J ,.,., N • • ~ in z LOT 49 Lo-r 49 1 BLKl A MAP No. 1221 LOT 50 I LOT I 5-J I I I I I I I I :SEA WALL FOOTING I WEST FACE OF SEA I I WALL FOOTING I I I I PARCEL D NO. 6. OR BEARING (1) N 35°15'3i W (2) N 54• 44 '23" E U) S 35°15'37" E 14) N 54°44'23" E l 5) S 35°15'3i E 16) S 54•44•2j W RADIUS LENGTH 89.96' 17.09' 45.27' 6.33' 44.69' 23.42' AREA = 1,868 SF (0.04 AC) REV. 10-31-96 LOT 52 CENTERLINE OF CHRISTIANSEN WAY BEARING: N 54• 46'2i W PER R.O.S. MAP NO. 13586 LEGEND: - - - -EXIST. LOT LINE - -EXIST. PARCEL BOUNDARY LINE . r7 r71 PROPOSED EASEMENT 8 LL../ L.J DEDICATION ci • - ~ LEGAL DESCRIPTION: PORTION OF LOT 49, ALL OF LOTS 50-52 BLK. A MAP NO. 1221 SCALE 1" =20' SW CORNER LOT 52, TRUE POINT OF BEGINNING OF PARCEL D VICINITY MAP 7220 Awenido Enclrlilt Civff Eft9i,,..i119 Suite 204 Ptonnlfl!I orlabod, Colfomlo 920011 Proc-lft9 LATERAL PUBLIC ACCESS EASEMENT NO SCALE 1119-931-7700 Sun,eyl119 Fax:619-931-8180 SHT. 1 OF 1 SHTS. A. P. N. SHOWN ABOVE EXHIBIT • B" DATE 7/96 Recording R~ested by and When Recorded Mail to: California Coastal Commission 45 Fremont Street, 20th Floor San Francisco, California 94105 EXHIBIT D PERMIT NO. 1345 Acceptance Certificate Page one (1) of two (2l CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Offer to Dedicate dated _____ , executed by and recorded on ______________ _ as Instrument Number is hereby accepted by ________________________ , a public agency/private association on __________ , pursuant to authority conferred by resolution of the adopted on ______ , and the grantee consents to recordation thereof by its duly authorized officer. Dated: STATE OF CALIFORNIA County of )ss ) By: For: On this day of _____________ , in the year 1996, before me, __________________ , a Notary Public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument as _______________ of 311877.1 and acknowledged to me that the executed it. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ., AC.WLEDGEMENT BY THE CALIFORNIW:.OASTAL COMMISSION OF ACCEPTANCE OF OFFER TO DEDICATE 1346 This is to certify that is a public agency/private association acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Offer to Dedicate executed by ___________________ _ on ___________ , and recorded on office of the County Recorder of _____________ , in the County as Instrument Number ____________ _ Dated: STATE OF CALIFORNIA County of ) )ss ) California Coastal Commission On this day of _____________ , in the year 1996, before me, , a Notary Public, personally appeared _______________ , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument as _______________ of 311sn.1 and acknowledged to me that the executed it. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE