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HomeMy WebLinkAbout6-83-81; |COASTAL COMMISSION|Hamlin, LB|; 89-079292; Easementa 2, 2 -$ @:7'9:(1)4 r: EXHIBIT D 7" I i. i 1 Recording Requested by and When Recorded Hail To: 6760 ".I .. . . . ..-.,...... .. .. ~ - .._e .- . - ..". %. " .. . "~ . .. , . . . -. .. ..~~. -. .. . -- .. . . . " . .. - . . .:.: - . .. " : . .. .. . . ..- City Clerk -fi^ s> %"? .? 22 I 2 - 3 j:=< P. f 1 ' f-= z a City of Carlsbad 1200 Elm Ave. ~ . -. L __ ~.- .- .. - . :. . - : .. .:. .. . r- Carlsbad, CA 92008 - rii: : d* t d , " . ;-. ", .-; "2 = <.:?;!z""..s -...-..- P%$."- .: . .. '-..I;..:; i ;;:::,-;-<LL;< 5 ".._" CERTIFICATE OF ACCEPTANCE NO FC This is to certify that the Cjty of CarJsbad hereby accepts the Offer to Dedicate for Permit No. 6-83-81 Executed by: L.B. Hamlin on October 18 , 19% and recorded on December 30, 1983 As Instrument No. 83-477999 of the Official Records in the Office of the Recorder of San Dieso County. February 9, 1989 BY k Dated For The City of Carlsbad I STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) On February 9, 1989 , before the undersigned, a Notary Public, personally appeared Metha L. Rautenkranz 155 9 /X/ personally known to me / / proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me that the corporation/agency executed it. $7 ***********~*****ta*******~~~* OFilCIAL SEAL z :p .&&&&, KAREN R. KUNDTZ 2 T !ir ui 3,.'~ NOTARY PUZiLIC-CI\LIFORNIA $ $ * l&rg/ x.- SAN DlEGO COUNTY * * **Q*Q*~*P****8****~~*~~~*****~* My Comm Exp Sept. 27, 1989 $ * p%+ fq-) w ." CI' F CARLSBAD - AGEN'hqILL - ."-- " /";""" /-"------"-" MTG. 2/7/89 ACCEPTANCE OF STATE COASTAL DEPT. .. . CONSERVANCY OPEN SPACE AND ACCESS EASEMENT/DEDICATIONS CITY MG- I I I ia ild 8 3 c 0- 2 Z 0 .. g : a Z 3 0 0 ~-~ RECOMMENDED ACTION: Adopt Resolution No. f?-g/ formally accepting seven (7) access and two (2) open space easement dedications from the California Coastal Conservancy. ITEM EXPLANATION: On July 5 and August 23, 1988, the City Council approved an agreement and subsequent amendment with the California State Coastal Conservancy to apply $100,000 of Conservancy funding toward two (2) beach access stairways. Both stairways are a part of the Carlsbad Boulevard Blufftop Walkway project currently under construction. One stairway is opposite Hemlock Avenue; the other is opposite Maple Avenue. One of the standard conditions of Coastal Conservancy grant funding is the requirement that the municipal recipient accept all outstanding easement dedications within its local jurisdiction. This condition fulfills a long standing Conservancy policy of transferring easements held by the State to a local governmental agency. These easements are granted to the California Coastal Commission by private property owners as a condition of receiving Coastal Development Permits. The City's agreement with the Coastal Conservancy identifies for acceptance the following seven (7) access and two (2) open space easements: Coastal Commission Local Street Type of Easement Permit No. Address Dedication 6-86-278/AB 5099 Shore Drive lateral beach access 6-86-492 3037 Ocean Street lateral beach access 6-85-492 3037 Ocean Street vertical beach access 6-83-81 2445 Ocean Street lateral beach access 6-87-36 ' 5-77-81 4301, 4311, 4321 lateral lagoon access Brooks Way 2599, 2601, 2603 open space Ocean Street 6-83-613 4167 Harbor Drive lateral and vertical lagoon access 6-83-613 4167 Harbor Drive open space F1045, 2590, 2875 2701 Ocean Street vertical beach access 5 4 i MG /" IRREVBCA3LE OFFER TO DEDICATION AFI D .1 DECLARATION OF RESTRICTIONS 6 THIS IRREVOCABLE OFFER AND DEDICATION OF P1IBLIC ACCESS EASEMENT AND 7 of &&hh-. , 19 9 3 , by 12. B - Bamlin, a married ma= Y 8 DECLARATION OF RESTRICTTONS (hereinafter ~~o~~eri'~ is made. this ,/anyi: day " 9 l (hereinafter referred to as "Granter"). I 10 kl 12 13 I 11 1. WHEREAS 9 Grantor is the 1 egai owner of a fee interest of certain !r=" real properties 'located in the .County cf sa1 Diego -1 ~ State of California, and described in the attached I Exhibit A (hereinafter referred to as the "Property"); and >.-dT*""p -,"" ___ ." _""" ..-. -~. _"_ +L ,,_..,._ x _.,___,I ~ -,... ".-i"--..--.".. _"_ t ___l.Ic_ "..."""._ ."__^_.- - " ~~-~-~.~~,~~~-~~~~~~,,~~~.~.~-~ ___ c-.-..-, -..-.~...~,..-.-- .. .-..--' 141 11. WHEREAS, a1 1 of the Propert,y is iocatcd wi-thin the coastal zone as 15 I 15 :I code is hereinafter referred to as the "Pub? ic Resources Code"); and defined in Section 30103 of the Californja Public Rescu~~es Code (which 1'7 1 X II I . WHEREAS ., the Zal i fornia Coastal Act of 1976 .) (hereinafter referred to 1-811 as the '8~ct11) creates the Ca7ifornia Coastal Comission (hereinafter referred to as the "Comrrlission") and requires that any deve'laprn~~t approved 19 1 20 by the Commission must be consistent with the policies of the Act set forth I; ti 1, 21 I // in Chapter 3 of Division 23 of the Public Resources Code; a:?d 221 IV. WHEREAS > Pursuant to the Act, Grantor agpl ied to the Cornmission 23 I Coastal ZOflf.3 Of San Diego 24 fGr a permit to undertake development as clef ined in the Act within the I County (her9i nafter the 25 11 'I PermS t" ) ; and 29 // '1. MHEREAS, a ccrastzl development permit (Permit No. - 6-83-81 1 $7 ' was granted on J~PY 27 , 19 83 , by the Coni ssi 01: in 1 PAPER i" {REV. 8.72) 11 ow OF CALIFORNIA I1 \.: 'I 0" 186 0 1 1 1 I 2 accordance with the provision of the Staff Recommendation and Findings, Exhibit e, attached herrto and hereby incorporated by reference, subject to the f01 lowing Condition: 1. Lateral Access. Prior to the transmittal of a coastal development permit for this projecc,-the Executive Director shall certil 4 j! in writing that the following condition has been satisfrhed. The applicant shall 5 6 7 8 3 10 11 12 I I I i 1 i 13 11 I.4 11 execute and record a document, in a form and content approved in writing by the Executive Director of the Canmission irrevocably offering to dedicate to a ptib3.h agency or private a.ssociation approved by the Executive Director, an easement for public access 2nd passive recreational use along.the shoreline. TI document shall also restrict the applicant from interfering with present use by the public of the areas subject to the easement prior tu acceptance of the offel Such easement shall be for the area oceanward of a Line dram 2.7 feet seaward c 2nd parallel to the toe of the rock riprap. The document shall. incB.ude legal. descriptions of both the applicant's eatire parcel and the easement area and Ghaf ,.l. include an e:ihSbi.t prepared by a c-!unl.lf led proPcsubat1a2 :-;ilowing chr? hterr access ease~nent area. Such easement shall be recorded free of prior liens excel for tax liens and free of prior encumbrances which the Executive Director deter- mines may affect the interest being conveyed. The offer shall run with the lanc in favor of the People of the State QZ California, binding successors and assigr of the applicant or landowner. The offer of dedica'c"aor.1 shall be irrevocable fox a period of 21 years, such period running from the date. of recording. Nothing in this cocditlon shall be construed to coilstittrte a. waiver of any sort or a determination on any issue of prescriptive ri-ghts which may exist on the parcel itself or on the designated easement. 15 18 171 VI. WHEREAS, the subject property is a parce'i located between the first 18 I pub1 ic road and the shorei ine; and 1-9 VIII. CJHEREAS, the Commission found that but for the imposition of the 231 between the first public road and the shoreline shall be provided; and 22 the coast is to be maximized, and in all new development projects located 21 California Coastal Act of 1976, public access to th:? shoreline and along 20 VII. WHEREAS, under the policies of Sections 30210 through 30212 of the 24 I i above condition, the prcrposed development could not be found consistent 25 condition J a permit coul d not have been granted; 27, California Coastal Act of 1976 and that therefore in the absence of such a 28 with the public access policies of Section 30210 through 30212 of the 7 CALIFORNIA j IREV. 8-72) - 2 h .-g ' .'if 1 ' : **il "i, 3 t' 0 WHEREAS, it is intended that this Wfer 4s irrevocable and shall stitute enforceable restrictions within the meaning sf Article XITI, Lion 8 of the Caljfornia Constitution and that said Offer, when epted % shal 'I thereby quat ify as an enforceable restri cti on under the vision of the California Revenue and Taxation Code, Section 402.1; NOW TWEREFORE, in consideration of the granting of Permit No. 6-83-81 the QWW~(S) by the Cammi ssion 3 the QWZ?F?~"() hereby ~ffer(s) to dedicate the People of Cal ifarnia an easement in perpetuity for the purposes of 1i.c access and passive recreational. use along the shoreline " le> I I El 12 3.3 14 1% I - I_ _I__ - located on the subject property in the area oceanward of a line drawn approximately 2.7 feet seaward of and parallel to the tow of the rock riprap. and as specificaliy set forth by attached Exhibit C hereby incorporated by I " - 1 reference, 1. " BENEFIT AND BURDEN, This Offer shin1 7 run with and burden t.he Property and al? obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective 1 im'l tations or: the use of .the Property from the date of recordation of this document and shall bind the Grantor and all successors and assigns. This Offer shall benefit the State of California. 2. DECLARATION OF RESTRICTIONS. The Grantor ts restricted from interfering with the use by the pub1 ic of the area sthject to the offeped easement. for public access. This restriction shall he effective from the time of recordation of this Offer and Declaration of Restrictions. 2 7 P CALIFORNJI, PAPER 3 ,REV 0.72, $QP 1 // I -3.. 3 ‘I I *. 11 I f 0 it!3 0 3. ADDITIONAL TERFIS, C9ND!TIONS, AND LIMITATIONS. - Prior to the 2 5 1 access is effectuated. 4 1 use af the subject property in arder ti; ass11re that this Offer, for psblic may record additional reasonable tern~s, conditions, and 1 imitations on the 3 opening of the accessway9 the Grantee I) in consul tation with the Grantor, 6/ 4. CONSTRUCTION OF VALIDITY. If any pr-ovision GF these 7 ! 8 I no other provi sios? shall be thereby affected or impared. restrictions is held to be i nval id or for any reason becomes unenforceable, I !I 9 11 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, 10 1 exceptions, obligations, and reservations contained in this Offer shall be 13. 14 1 for a pcrjod of 21 years. tipan recordation of ari accep-hance of this Offer 6. TERM. ihis irrevocable offer of dedication shall be bindSnq 13 ! the Grantor and the Grantee, whetnelt voluntary ai- involuntary. 12 I binding upon and itlure to the benefit of the successors and assigns QF both 15 1 by the Grantee 3 this Offer and terms 9 condjtions 5 and restric-cSons shall 16 have the effect of a grant of access easewnt in gross and perpetuity that 17 shall run with the land and be b’nding on the partjes, heirs, assjgns, and 1.8 1 successors e I - I 4 // 20 // 21 1 // 221 // 231 lJ 2.4 // 25 // 261 // I 2’7 /I r PAPER iiF CALIFORNIA t3 (REV. 6-72) ! Q5C B -4- 2 duration of the term of the original Offer ts Dedicate. 5 associations acceptabte to the Executjve Director of the Commission for the 4 it but must instead offer the easement to other public agencies or private 3 the I and, providing that any offeree to accept the easement may not abandon 1 6 j Executed on this of ~ , at Carlsbad -. 'f 1 5 California. 8 1 9 Dated: Signed 1(3 // - L m Be Haml-in Type or Print l1 I1 Signed - 12 li 13 I/ T,ype or Print " 1-4 1' y_D NOTE TO NOTARY PUBLIC: If you 2t-e notarizing the signatuu.es of persons 15 the correct ~otary jurat (acknowledgment) as explained in ycur Notary 16 signing on behalf of a corporation, partnership, trust, etc., please use 17 I Pub1 ic Law Book. 18 l_l _I. ' state OB Ca1 ifornia I I 19 20 County of 1 ss On thi s /gd day of &r/- before me 1 a Notary Pub1 ic, personally appeared 21 22 - " , in the year Jsg;r 9 _1,1_.".. ~ I 23 i 24 1 personally known to me (Gr proved ta me on the basis of satisfactory ; wridence) to be the person(s) ~d-mse name is svbsc.i5ed :? :8::;5= ~GS~~~JY~G~~ 3 5 '. i .. ,. W' * 0 .. X 'I This is to certify that the Offer to Dedicate set forth above is 2! Coastal Commission when it granted Coastal Development Permit 4 Coastal Commission pursuant tu authority conferred by the California ., 1 hereby acknowledged by t.he undersigned officer cjr~ behalf of' ,tile Cal i fnrni a '3: 5 No. h ->32? 1 on - and the Cal ifornia ' 8 1 Bated: officer. 7 Coastal Commission consents to recordation thereof by its duly authorized 9/ i 12 I 10 11 13 14 15 X6 1 E8 1 4 2o I 19 I I 2; 22 23 1 1 24 1 I 25 1 ,-,/. .'~ / /y/ c-9 / @rm(& & [$&&- s/-/?FJZ &?,,,/As&, . Cal iforn-ia 'Coastal Commission STATE OF ,&gq,k;& ) t i! c/ ) - 1 COlhT'S OF z-->~b; -3 P -yi&&./Z.[,~~ on c:s~ p) Q$~~~~~~~~~ ~ before me zv*b;: c' ~~~~t~~~,;~~~\~~~j~~~~~ c; / < * -77" a Notary Pub? ic, personal ly appeared a,t ,\y, ~.k/l--?~~ , personal ly - fl c, known to me to be (or proved to ne on the basis of sadisfactary evidence) Lo be the person who executed this instrument as the :$${ j y&&&- k f /I I I/; TITLE ' and authorized representative of the California Coastal k6rnrnission and 1 acknowledged to ne that the California Coastal Comission executed it. I I i ,,' , ,? 1. ,, ~> I .$ Y- ' ,~ i ..! Notary ;P/kIjc in' a%*for sa-id Coyyity and GAW UY&ENCE HQtLOWAY State t~j l.1 y..rf c:$; +a I) !% ,fig ,, ,+ ~~-.),/+QJp>~~e:~.L~ Itti?Y''.DDi bllD1 io PAS IFnnb,,. raw1nn 2 rumwirnL~runwA ClTV Ih COUNTY I3 MR FRAMCISCIB I! ~~"~~;+&~/i$j" J ly Commissio!! Ixp::os October 24, 1335 26 1 27 >.%PER SALIPORNIA REV. 8.721 il li ...- ,_. -3 :*- .. '* I 1. 2 3 4: 5 6 7 8 9 1 0 11 12 13 La. 15 16 1- 7 18 19 20 21 22 23 24 25 26 27 28 v* 67 '!. 0 IRREVaLE OFFER TO DEDLCATIIHV W33LTC KCilSS FASl?ME-NT Aiw DKwwrmN OF RESTRICL' rws "~" Legal Bescription of Property The land referred to ~IQW is situated in +be State of California, County of San Diego, and is described as follows: PrnCEL A: bt l of GFWWIL,L,E PARKr in the City of &rlshd, Coilnty of San Diegot State of California, accordi.nq to the Map thereof No. 1.782, fiid in the Office o€ the Counkg Recorder of §an Dkego County, February 21, 1974" EACEFT that portion lying klow the man high tide li.ne of the Pacific Ocean. PARCEL B: ""- -I___ An easerent for parking purposes over, i;tQderl along and across a strip of land beirq more particularly described as fol?.ows: Beginning at the lead ~?nd disc m;.,rked LS 4539 ak. the I\icrthear,ter.iy cu)rrler ot Lot 2 approximately eight feet F six inches frm the curb; thence in a Westerly direction a~ony the boundary 'uetween Lots 1 and 2 for a distance of 20 feet to a pir:t; thence in a Southerly direction perpendicular to the aforesaid property 1-ine and first line for a distance of twenty-two Inc5es to a pint; thence in an Easterly direction parallel to the first property line of fats 1 anad 2 for a distmce of twenty-three feetp six inches to a point; thence in a Northerly direction perpendicular to the third lice for a distance of twenty-two inches to a ,point; thence in a Westerly direc'iion along the property line between Lots I and 2 and paza.lie1 "io the third line for a distance of three feet, six inches, mre or less, to the place of '&ginning e // // // // // // // // I lv 1 ! ! I.;xtlki' : 3.- ri *, . . .i Yi..lc?c r4;Jy 9, asc3 'p'o/ Calif ornid, Gcorgc? I:knCrin 49 th June 27, 1383 (waived by applica1 < , f' , . ' CajifiPrnia Coastal Commission " SAN DiECO C<h%J L3ISTKIC'f 6 154 Mission Gorge Road, Suite 220 San Diego, CA 92 120 (7 14) 280-6992 ' .. .. - , . 180th Day z Novcmf-Per 5, 1983 Staff : en: Ism Staff Rc:port: Nay 31 I 1383 Hearing Bate: June 21-24, 3.983 / li I <I J- 1,'. REGULAR CRTLENDAR " STAFF REPORT AND PRELIMINARY IXECOPWNDATI0a;l "" Application No. 5-83-81 Applicant: L. B, Mamlin 1. Desckiption: Placement of rock riprap in Eront {seaward) of a storm dmrnqcd seawall to protect ;?n cxis'cing single family rcsidcr~cc. Lineal distance covered by t.hc rock riprap is approximately 75 feet; seaward incmachment appk'~xi~~ately 20 feet. Zoning Plan designation R-3 Residential Ili.gh ~ensity (20-30 i?a/ac) Site: 2445 Ocean Street, Carlsbad, San Dieqo County EiPN 203-021-01 Su3seQifntj"vr: Filc-) h~ocumcnts: -- City of Carlsbad Mello IT .Scgmcnt Local C0asta.l Program - Coastal. Dcvclopment Pelrxnit Files: F5542, F6945, F795C F9724, 6-82-153, 6-81-249, 5-31-5613, Appeal. Nos. 2-79 & 1.65-79. - California Coastal Commission Statewide Interpretive Guidelines I_ - STAFF IJBTES : Summary of Staff's Preliminary Recommendation: Staff is rcconuncndiny approval of the propo:;ed project with special conditions addressing lateral access, subsequent approvals, State Lands Commission Review, waiver oE public li.obili.dy, and maintenance of the rock riprap. , .. \r - .... . - ~ ~~~ ~~ ~ ~ ~ ~ -~ - PRELIMXNARY STAFF" RECOWNDATION " 2 .Staff recommends that the Conmission adopt the following resolut.iun, X. Approval witP, Ccnditions. EX^! i 15 ! 'f' i3 x- W"Cy I.9 ,. i*l*: :.:* . /'f /< fi.' ' '. , Pi\g<> 2 G-03-81 Tf\c C'<J;~u\~j.~:;i~~; !\(:>:L!!J~ J" rl~:i>t:!.:; . . - . - .. ;L lwrmit CUI: t fi(: pr.<;i)o>:t':c'i ~CVC!I.O~XI\PII~, cut? jc.crt to thc cbnditiox\s he3.ow, on t.1~ cjro~nr.t:; that, (A:: CCJIK.~~~~OIIC~, p.1~: (icvc1cq,lnc:nI: I will I~U i.n s~nfoa'tnity with thr: ~wc)vi:~icx1s of Cl~~~l)tc:r 3 c>E thc C:iIj.Torlli;t COUSL~P net of as?$,, ,an+ wi;f3h tfic provisions cf tho ccrt.i.ficd City of CcPrLsbacl Mcl3.o XI Segment Local Coastal Program; andl will rmt ~lavo any significant adverso i.mlmcts on the envirormerat within the meaning of the California Envirolmcntal Quality Act. XI. Standard Corrditions. . _"- .. ' : See attached page. ILH. SpxiaZ Conclitions e TIE permit is subject to thc following conditions: 1. Latxraf ACCCC;~. Prior to the transmlt.tal of' a co<lstal d,eTJclol>n\cl-it pcrmit """"" for this projcct, t.hc Exccutivc birc:ctor drill. cclrfrify in writing that thc following coxadition huu been satisfied. ?'he ap~~l.ic;lnC sha1.1. t.xcc~zt;.c and record a dccunrcrst, in a form and content approved in writing by tile exccutivc Dircctar of the Conmission irrevocably offering to iacdicake to a public agcncy or prrivatc association appacoved hy~the Executive Director, an easement for public access and passivc recreational use along the shoreline. T'hc docuncnt shall also restrict khc applicant Prom interfering with present use by the public of the arcas subject to the easemcnt . prior to acceptance of the offer. Such easemeat sbll be fa%: $ha ax@& seawaxd , of %he toe uf the rack riprap. The documcnt shall incl.utKe leqal dcscripti.ons of both the npplicqht's entire parcel. and the f'ascrncnt area and shall include an 826- hibit prcpnrcd hy a qualified profcssiohal showing the lateral ac&s easement area. Such cascmc~t shall be recorded free of prior lims ~xcept for tax Liens and free oE prior c~~cunahrar~~s wh%cla ~IIC 1:xccutivc Dircct.or dctc!rmirres may affect the interest $ci?cq conveyed * aha ofrfc,~ shall ru? with tkc; land in favor o€ the Pcople - of the State of California, binding succe5surs and assig11s of &:he applicant ar Pand- owner. The Dffcr 04: dedication sha.21 be irrevocable for a period of 21 yearsl suck pcriod running from tlx date of rec,ording, I. \. IJothing in this condition sllall be constmad to corrstitutx a woivcr of any sort 01: a dctermhmtioii on a:iy issuc of: prcszrip"iive rights which may . 1 exist on the pmccl itself or oh the dcsignaecd casesncnt, .. 2. 2"- A plieant's ~ss~ption of ~isk. prior to the trwsmitta% of a coastal pa-mit; the applicant shT1 submjt ts the ~xecutivo ~ircctor a daed rcs"i9l.ction for record- ing frcc of prior liens except for. t.ax ?Lent;, that binds tkc. applicant; any succe~sors th? review ana approval 02 the ~xccutivc Director, TIX [lccd rcf;tr.icti.on shall provide {a) that thbs applicants a?r&rst;krid that t11c sit@ may I;C :;ubjcCk 1-0 cxtriiordin~arl hazard from waves during storms and frain erosion,' and t.\-ic! nl)p.Li@mt:s assum the! liability from th~:;e,,haza~ds; (h] the nppl.ieal;ts uneondi ti~nally waive any claim CPE l~t~.~.ty QJ~ tho pari ~f t11c Conuninsion ox any .otl\c!r rcyla~at.ory 67iC,j(?ncy for azly cianage from such I~ward~, as a conscyucrlcc OE approval of tlic projcct; and (e) the applicants warderslrard thati consC:ruct:jon in the fact? of tlw;;e sCnow1.1 Imzards may makc rchabildtat.lan of kilt: pgep.:~~~y in thc ovcllt cjf st^^^^^^ , in iaatcrcst. Thc form and content. of the dc:cd restriction shall LL~ subject: to B-hcm incXigii~.ll~ fox: L>u'L>I..~c C~~SLIX~..C~ Et.R(I:; 02 loat~s POX XCLJ~~K~ ~c~):L~c:cI~cII~, ~r I. I* ~ e. ,la?@ .i 6-433-81 ' /'" . ., T'ilyc 3 3, State Lands Commission Rcvicw. Prior to the tmtarlmittal. of a coastal development, pcrmit for this projr~t, t.t~t a[)i!lj.cC~~lt ~f1,.lL1 ob.t..nin a writtan detcmlnaciun Erorn .the State Lands Coxmi.ssio11 that: a. ' NO Stat.e TJarld:; arc invol vc?d in tile dcve E oLmcant; c)i: b. State lands arc? izlvolvcd in the dcVCIopnl(3r1t,v and itll l'crmi t.:; rc?quircd by the State Lands Comiission have bccn oljtaincd; or c. State lands may be hVCJlVCd in the dr:vc.lopmcnt, but pending a final. detcrmirration a~1 agrecment ius beera msdc wi-tI1 tile State LaildI; ~0~nir;sion . for the project to procc!cd without prc:judicc to t.llat c!ctcrminCx'C.ion. f +. 9. Additional Shoreline Protc-ctivc wmkr.; ~ Sl~ould in tk: Euturc ac1ditio:lnl ""_ "_" shorefine protective works bc: nucc!u~;~ry to ~)rc>tc.ct ttw rcsi.ucncc f~un: :;t.usrrn wil\'cyp such pQt@CtiVe works slta2.1 be designed no% t:s encroach furttwr ceaward than the toe of the rack riprap apparovcd iil this pem1i.t. 5. Maintenance ~f Rock Riprar). ?hc applicant shall bc rcSpGIksibie fcx maintenance of the rock riprap. Any rock which bccomes dislodgcd and impai.rs public access shall be removed from the beach. The applicant shall conLact thc Coastal Gomission office should major repairs to the rock riprap bc ncce~sary to datermine if a permit is required. -II_ - Iv. Findings and DecBaratiQns. ." The Cotmis$ion finds and declares as <ol~.o~:;: 1. I Project Dcscsi~tiun. '?he applicarit proposes to Ic;?\r&. rock riprap, which was placed on the beach under emergency permit provisions of the Coastal Act (ref. emergency permit 6-83-8l/EOO52), on a pcrmnncnt basis ir: order: to help protect his residence Prom storm wave damrqc. The rock riprap was placed on the fxach in mid February, 1983, against the seaward side of a dcteriorating concret.~ scnwdil; the Executive Director issued t'hc onergency prmnit on February 10 r 3.383. As a requirement of the emergency permit, the applicarrt was required to either arcmove the rock within 250 days from thc date of issuance of the emergency !)ernsit, or obtain a regular coastal. development permit to al.10~ .the .rock to ix kft: on a peman- ent basis, On April. 27" 1983, the applicant. sub~nittcd a regular parnit application requesting that the rock be allowed to r-ea;lin on the beach permanently. The rock riprap, based on plans submitted by the contractor who 'performed the work and based on Visual inspcction by staff, extends oceanwand of the old existing concrete seawall approximately 2cI feet. Lineal distance covered by the riprap is . approximately 75 geet. a _I .. ' 2. Surrounding DcveJopment. The applicant's residence represents the nsrLt3ern host existing residence on Ocean Street, in Carlsbad. Tu the narth of the applicant's property is the so-called "Native Sons Property" ora which the, Comr~ission. bas approved a 14 unit condominim project, and to the north of that subdivision tho mouth of the Buuna Vista Lagoon; further north is the Sax1 Malo dcvelspnent with its extensive rock nevet;me?nt. To the south is residential development, some of which includes conkrete seawalls or rock riprap for protection from storm wave conditions. Immediately south of the applicant's property is a condominium development with a concrete seawall Which extend8 further seaward thzn the toe of the rock riprap which the aypli.cant: had .' instal.lcd (ref. file I755421 e Further sc.uth is an spproxinlntcly one-third mile long " ""-. I","'""r.. .j."., .I .I ~. ,\ ' ." Bp # .,' ' iJ - kj 3 - 8 1 I ,i I'aI-lcJ 4 4 expansive rock ruvctmcnt ~tli~l~ WLIS i.~l::Lal,l.t:d duri II~ t.hi.11 li~.;;t:. winkctr oll rlrl t:~~~c.rge~~cy bisl.:) drlcl wl~bcil wF.i.1 1x1 t.iic YU~J,~C.:J~ of LI 1:nturc! r:cguJ.au: co;a:;~.dL lw;.rnit appiicaticm:' - . . 3. il.istory of Shosclinc Erosion in NorCIl C:;irlst:ad Ar'c.ri. Whj.i.L? r!ut iI:,i dramaZ;ic as the erosion problems in t!;e City of Oceansidc?, ncuerttleleSs, tk.: City of Cclrlsbad kas for years bccn suffer:iny t:!?r: cffects of a c?.irni:lishin(~ i~ac!~ sariti rc!~~lunislmcrrt. Sporadically over the last 5 or C years the Conunissior~ ha:; kc;n rt!quc:stxd to approve individual. shorelinle 'protectivc devices of onc.? tyl~2 or anotl~ctr to [~r-oI:c~ct 1)r.iva.t~ duvclopnwnt on oceanfront properties in tho City of; C~rl:jI;nclt. Thcsc rcqucsts have always raised the issues of balancing the nccd to protect private pxo~xrty and the need t.0 protect the publ.ic's ri.gtlt to we sandy kach arr!as which llavc? historically been used lciy the public. with good public access (both vertical ar;it .lateral. access), the north CarLsbad beach arcas \rave been cxtc?nr;ivt:ly ti:<<?<l by tllc ;)~bl ic:. Duriny the last wintor the north Carlsbad Ix~scI~t~~; wcbrc :.;cvc:rc-:ly c>ro(i(A during tl~c hiyh tides and winter storm surf conditicns of J;tnl?ary and F'c~Jxu~L~;~ of 1.'.jB3. Many of the properties fronting the wean in Carlsbacl expc:rienc(xl siqnificant. bItaff recession this last winter, and decks and stairways were darnagcd or destroyed. However, no residences were substantially damagcd or destroyed. Nevertheless, it was recognized that. SORE emergency shoreline protection was required to protect the residences from possible severe storm wave damnq.ed. - ___""""_..l """ - ""._ 4. Gculocjic Hazards. Thc North Carlsbad Oceanfront Area Ithat area north of the moutk;of kgua Hedionda Lagoon) consists for the most part of bluff-top proportiw with relatively gerltlc slopes leading downward to the bcach. Rcsidcntial development has historicall.$ occurre3 in cascading fashion down the slopes. Some of the newer deve1~opment.s have incorporated concrete seawalls into their design in order to afford pratcction from storm waves {ref. files F5542, 6-82-153); many of the older develop- ments have no shoreline protective works. Because of the gently sloping nature of the bluffs, many of the residences include decksp stairxays and lanciscaping on the lower portions of the bluffs. It is recognize? that th@ Carlsbad shorclim is an eroding shoreline due the lack of sand rej.?lcniskmcnt. Thi s lack oE sand replenishrncnt has resulted fron: CCKIS~TUC~~OII of the Cmp Pendleton Boat !{arbor in the 1940s which blocks the southerly drift of sand in the littoral. ccl.1 and et?? darm;;ing of various rivers which previously contributed ts sand deposition in the ,littoral cell. Pursuant to Section 30171 of the Ccastal Act, t.1~ Com1issi.oi-i was required Lo prepare and adopt the Local Coastal Program fLilP) .for the City sf Carisbsd. The legislatively mandated LCP is comnonly referred to as the City of Carlsbad &€ello IT Segment. ECP and was adopted by the Commission, consistent with Section 30171 of the Act, in Sune of f9B1;4 Section 3053.9.1 of the Coastal Act; rcquircs the Corsnissbon to base all . permit decisions on the provisions of the adopted LCP. IncB.udc~3 in the KP aa part Q of the implementLng ordinances is the '"Coastal shorclirrc ~aveloprnunt Overlay ~otle'' (,CR Overlay Zone) which coitains the following applicab)e prxwisions: .... . .' Revetments, breakwaters, groins, harbor chamclsI seawalls,, cliff retaining walls, and other such construction that alters natural . shoreline processes shall be.permittcd when required to serve coastal- depencZent uses or to protect existing structures or public beaches in danger from erssion, and when designed tu eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition. of approval, permitted shoreline structures may be required to replenish the beach with in-iported sand + Provisions for the maintenance of any pcrrnitted seawalls shall be iH%&i~ded as a Gcmdition of project approval. As a %u%'$h@:?? %@&,fpkiqg of apiGQv;a&.r ptlrn?.&*k& skg~g&.$.nc ai:ruct\lres e:"la.Xl be ?. i @Y ,,+" ,p ' ,/' .,x ,,r~ *:, I. . .a,<- df' .-+ . .?,'/ 36 0- 7 G G"3-81 Prqe 5 required b provide public access. P~Q~EC~F; which crcatc d.r-~qc spoils sha%l.bc required to deposit such spoils on the beaches if the mte-xhal is ~~~i.i.t&l~ Eosf sand replenishment. ~crrwa11.s sIlaI1 3361 Corrs~rUC~cd @ssentially parallel to the base of the bluff and shall. not obstruct 0s interfere with the passage of l>,coylu alortg the beach at any time. The! 6D Overlay Zone also c0ntaipl.s rcquircmcnts for the rccnrdinrj of 5 c1ccyj r(::;tric- tion whictl acknowledges that the property may Lw >;;utt:jc:ct tc~ irazarcls crom s;torrn waves, ' As stated in the project desc~ipeion, thc Exccutivc Director did issue an rtmergerlcy permit for the temporary placement of rock seaward of the existinq deteriorated s seawall QFI the subject property in order to protect the existing residence from potential 9&vcre damage should the concrete seawa1.1 have Eaikcd. It should bc? noted that the seawall was showing s",rcss siyris {crack.s) I and with t.hc dramatic dxsp in sand levcls 'Lias in danger of col.1apsing. The Conmission finds that the applicant's request to retain the rock rip mi^ on a permanent basis is in conformity with the above noted provisi.on of the CD Overlay 'Zone. CleauLy the reek riprap is intended to protect an existing structure frcm storm wave damage which is occurring as a result of shoreline erosion, However, the Commission cannot, with total assurancet acknowledge that the rock riprap will protect the structural integrity of the residence during future, stom wave conditions. In fact, the rock riprap was nut installed based on the recomenda- tions of a qualified engineer; ratherP it was simply PnstziElsd by the cantractor who is nbt a licensed engineer. The rock riprap sh~~bd provide needed protsction during most stom conditions, however, it is not known whethor thc rock t411 withstand subsfantial storm conditions. Thcrrcfore, special conditions H2, $4 and t5 have been attached to this appr'~~~i. Those conditicns require recordation of a publ.ic liability waiveriassumption of risk provision which recognizes that the North Carlsbad Area is a known eroding snoprelinc area and that the rock riprap my, QP: may IIQ~~ provide sufficient protection from storm waves and erosion; noti- fication to the applicant that should additiorzal. protective works be necessary in the future to protect the residence from storm wave danage, that such protoctivc works shall be designed nut to encroach furtlxr smwaad than tho tow sf the rock riprap approved in this project; znd, a requixercent concerning maintenance. of the rock riprap. ,. With &he special co!lditions, tl1c Comnlinsion finds &ti& 1tKOjeCt ill COlifOrfllanCC wit'h the c~~~~~.~J Shorc$incg raevc?l.opm::Ist Ovcriay 'ZO!IC provisj 011s rcl.atcxK LO g~ot~-t-ixbcg e: ing stroclures. Additiollal findizlys yelzteg, ,LO pabl%C aCCeSS rlm prGvid@d 'uelow; co~issj.o~ alsa finqs that since the projccl: nay involve lands, subject to Vl~, pub trust,, ' thal; the Commission~dccision must bc in conformity with applicable prOViSi chapter 3' of'ththe Coastal Act since Chaptek 3 rennains. thc basis for all deCiSiol.lS . . projects involving publib trust lands evch'after'an LCP is certified. Sectiom.3 and 30253 of the nct'are applic*le tb~ GcoZagie.2bzards and the Cormission fin& project in c~nfosrma~ce with those provisiozs. These provisions of fchc Coastal AG ..-'~QZ cons~ruction of shoreline protcctivc measures provided ehpy arc tncccssaxy to existing scructurcs an3 provic?cd they da not adversely i~rq?a~:t'si.aorClinQ Pl22COsses subscqucnk fihdibg 011 th@ impact: 'of &lQrCli%lC pratdct.ivL r;lt~uct~r~s 0; ~~~~r~I ah public access)'; "" - - " -. - .r 5, Public Access, Section '30604'(c) of the Coastal Act requires that my.. ~avelapme~pernnitted betw&en the near&& public road and the sea sha11 be found in con~amity with the p&lFc access and public recreation policies 02 ~hapter S, The public ~CCBSR and recarea'cian policies apphicabbe to the proposed project ares :"w?msumm"","% , I ""Tz*hl *Ur""* - $$F ' ~ P7 I *../ * :~/ ,/! .. L. -ab 8 6-U3-iJ1 I'arje fi , ./' /'' . . ,:,' Section 30210 - In carrying out: khc? mrc?quirr:rncrbt of: Scction 4 uf ~rticlc X of the California Con:;tiZIution, maximnrn ;ICCCSS, which shall be cons~.Lcuously posted, and recreational ulqmrtuni- ties sha13. be provided for all the poopicl? consistent with :,-mb.Lic mf<ty aa'eeds and tho nccd to protect public rights, rights af private property ownersI and natural rtssourcc' arcas from ov~,"~usc!. Section 30211 - Devcllopmcnt shall llot intcrfcxrc witli thc pui2Li.c':; ' right of access to the sea where acquired through uset custom, or .legislative authorization, including, but, not lisnitcd to, tho use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. ection 30212 - Public access from the nearest public roadway $0 the shorciine and along the coast shall be pr~~iil~d in new development projects except wherc (1) it is inconsistent with public ,safety, military scxurity ncecls, or the ~~rotcctkon of fragile coastal resources; (2) adequate access exists nearby ... I_ c ., I Additionally, the certified LCP Coastal Shoreline Development Overlay Zone'states that as a requirement-. of approval of "seawalls and other shoreline protective devices" that: Developments ahall be conditioned to provi.de tile public with the right of access to a minimum ~f 25 feet of dry sandy beach at all , times of the yeax, The minimum requirement applies to all new developments proposed along the sh~reline requiring any type of local permit including a building permit, minor land division or my otlaek type 0% discretionary .or no:~Giscretionary action. The Cammission finds, consistent with the above provisions of tt~ Coastal ~ct and the certified LCP, thak pem.anent retention of the rock riprap will mt significantly interfere with or hinder the p-&%ic's right of access to the sea. The rock, as previously stated, is located i.mmediate2y seaward of the existing deteriorated concrete seawall and does not eltcroach a5 far seaward as,%he concrats seawall LOCated on the properky czdjacent to the south. While the rock riprap does result in the loss of sandy beach area, it is &he minimum are& rmcesfiary to accommodate such & shoreline protective measure and,...because ofthc concrete seawall to the south, the Loss of this beach is not considered .subsCantial, Nevertheless, there its a lass of sandy bcacfi area which,historicalfy the p&lic has used. ft %5 noted that the applicant has, sfncc 1973, recorded a '9rEght to pass" dacument in- dicating that he is granting permission for the publ.l.c t0 use His land oceanward of the seawall. Ibwever, as stated, the North Carlsbad beach area has historically received considerable public use and, in fact, a public QJ~T~FGBE. access stainway .. is located adjacent fa the applicant's northern bourdasy which receives heavy use during the suimner months..' Recordation of a "sight to pass': document is not adequate .' kitigation for the loss of sandy beach area as a result cE the installation of the rock riprap. The COIFJR~SS~OR must evahzte the project both ~r;.its individual merits and OR the faasis sf precedent and cmnulative impact. he q3pEiCa.TIt'SbprQjeck. tepresents the first of bout a dozen ocean~ront propert3es in the NCX~IX cnrls'saa area which placed rock riprap on the beach during this last winter'@ atoms and which wQ.1 require'regular coastal development pemhts $0 retain the rock on a permnent basis. While there is som~ question as to the proper alignment: of the rock riprap Qn some of the other properties, the applicantss rock riprap has; bean pn~p~ly aligned ta minimize beach encx~a~he~lt. Therefore, the commission Efnda that the rock, riprap sh~uld be approved as a permanent shoreline protective measure' * prQVidCd the &pgl.ic?aflk K@GOEdS OII d,rreVQCr'lj3:l..l: Gffer il0 d@diCa~t~ a 1j,kcral &cCesR t \.@ * 1 kl 6-~r33-1:11 1 Page 7 ./#/' easement seaward of the. toe QE the rock riprap as requircd by spcci.al condition #a. ' d' The f0llQWing discussion provides ttic Coxmission' s rationale for ncquireing the lateral access dcdication offer. 6. Irhpact oE Xhorcline Protective Structures on Lateral. Shoreline Public Access In gener&.;* where a beach is bounded on +he inland side by bluff, seawall or signif i- cant vegetation, the width of the beach is generally. ciefinsd at some time, often regularly, by this upland barrier. IR the case of bulkheads,fseawalls designed to protect inland structures from wave damage, once waves reach the seawallt the re- flected energy causes the sand in the front af the seawall to bc scoured outd thus leaving tho seawall to define tiw upland/occan boundary for a larger period of time. Vertical rjeawalh k-cflcct more VJ~VC. enerqy and cause groat-er sand scour, in general, 'than sloping seawalls or irregular rock walls, bluff faces ob: vagetation boundaskcs. Abb of tho hundarioe ref lcet more energy than a steep sandy or cobble beach. Thus, the definition of an inland extent of thc bcaoh by a nataral or manmade feature is pro$a9.>ly s64erl.r. limited OK non-existent for at least t~:a times sf jlicjl;.est water. If the scccssway ,is defined as or by this iril,kI1d bounthry feat.uro, tlic la1~3uwncr is IIIO~U secure from wave attack bellind t11c barri.cx, wllilc public acccus is dirninishcd. Because of these relative benefits and burdens, tile Coranission finds that the acccss- way ~ho~ld be defined as an area seaward of the boundzmry fcaturc so as to ensuro greaten: offsetting pubEic accc?ss if the width of Chc beach fluztuatcs from season to season. In this wayo the Cormissicin can carry out the CmstiLutinntd and statutar mandates that access "always be attainable" arid ''naxi~num access. . . be provided for a%3 the people,.'' Private developmcnts which create impediments to public access along the shoreline by eliminating sandy beach arcas impose a burden on ';he ability of the public to enjoy and use of a public resource -- one to which access is guarantcbd through Sections 30215 and 30211 of khe Coast:al. Act and ArkFcle X Section 4 sf the California Constitution. ~ivesn the rcqui.rement of ~ection 30~;08'$c) of the Coastal. ~ct that projects ~cscatcd between the first public road and the sea be in confarmity with the access policies of the Coastal Act, a shors$ine protective bark which runs tho ri~k of exacerbating shoreline e~o~ion and loss sf shoreline sand supply mast mitigate or eliminate such adverse impacts. While it is difficult for such works to wholly eliminate adverse impacts, it has been the experience of the Commission, through many permit ac2;ionc On similar projects, to mitigate those impacts through the provi~i~n 62 increassd 165-79, Blue Lagoon C'o~nrr~unity ASGOCiatiOn, Inc..y Permit No. 5-83-568, Schafcx, at; all to nmle a few) as more feasible means sf meeting tl.te'.requlremcnts of the Coastah Act. I ' public ace~?SS to and along the ~jhoreiine (Appeal NO, 2-79, Iql,a Vista> Appeal. NO. In addition to the aforcrnentioncd previous permit actions by the Conmission on applications or appeals ~n similarly related projects, the commission appkoved B permit. with conditions for the reconstruction of a seawall for 'the Dluo Lagoon Ckxnmunity Association, Inc. in South Lacjuna, Orange County (Appeal No. 165-79). The Coxmnission found that due to the construction of the seawall, ;public access along * the shoreline wak adksehy affected. Due to the physical impairment to access during periods of %ow sand supply on the beach, in part created by the seawallB -.. lateriel access was required as a condition of approval as weS.1 as the ~KOV~S~O~ of enhanced lateral access dlwing periods af low sand supply thrskgh the construction of stairdays fox "emrgency public access" to and along the 'cormunity road fore use by the public for the sole purpose of aczesc4 to the beach when tidal or wave action prevented safe passage along the beach seaward of the approved development, In cansidcrir;g the impacts oE shoreline protective works on shoreline processes and shok-elirie sand supply, additional Coastal Act policy concerns are applicable and mast be addressed, Sections 30235 and 30253 (1) and (2) of the Coastal Act state, . in paxtt y *#' / ?a. .' 6" ,r" 6-03-fl3 . "/ ~ /,.#~' . Page t3 /' -.',<x. yy_ SBction 302 35 e ,. .I .I . I , Revetments, breakwaters, yroins, harbor channels, seawalls, cliff retaining wapIIs, and othcr such construction that alters natural skorc?Line processes shall be pennittcA whcn required to serve coastal-dependent uses or to protect cxistinr; struct;urcs or public beaches in I%m&!r~ from erosions and when designcd to eiiminatc or mitigate adverse impacts on local shoreline sand supply. Section 30253. E$& development shall : (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, al?d neither create nor contribute significantly to erosion, geologic instability, or destruction of the site cr surrounding area or in my. way sfequixe the construction of protective devices that would substantially alter natural landforms ;along bluffs and c3.if.f~. a Previous attemps in the Halibu area of Southern California to protect homes from st wave damage and erosion have included 'the construction of wooden or concrete saawd and the placement of riprap. Such structures tend to cause the loss of sand from beach areas in .kront sf and adjacent to them (according tu "Planning for an Erodirt! ~oast," a report tcr the Coastal CoItuniskion by Frank Broadhead, Share Protection Manual., Anny Corps of Engineers, 1977, and Saving the American Beaches: A Position Paper by Concerned Coastal Geologists, Pifkejr, et aL, 1981). The impenetrabPe surfaces of the structures or boulders reflect the energy cymerated by the Breakin! waveso resuiting in the scouring away of the sandy areas in front of and up-and down-coast from the structrarss. And, by artificially building up and. sTsepening et slope in the vicinity of such structuxes, two .additional effects occur: (1) wave eraergy is not gradually reduced, as would occur on a more yeratLy sloping beach, bui increased, thus exacerbating the scouring effeo6 on zdjaccnt sandy beach areasp ant (2) the structures tend to cause a landward retreat af the mean high tide Line, potentially affecting the boundary between public and private lands along beaches adjacent to the project as well as on &e project site itself. The U,S. &spy Corps of EngineeKS' Shoreline Processes Manuald \'ole XIg states: - .4 5.22 Limitations, These structares (seawalLt3, revctmknts, bulkheads @ etc.) aTfor4 protection only to tha land imedintely behim8 them, and nsna to adjacent .areas up or domcaast. 14-xm.hu'i.1P; on receding sh~~lin Pay tendency toward loss oi beach material in front 04 such structutes may well be intensified. Where it is desired to maintain a beach in the immediate vicinity of such structures, coapanion works may be necessary. Wage 5-3) - 5.26. Erosion updrift from such a structure will continue unabated afte the wall is built, and downdrift erosion will. pmbably be intcsnsifk@d, (Page 5-41 . .' the recession will continue ar,d may be accelerated on adjacent shores. -x"-"- ,>.....' ,."*' , .,. ..+ *a' ~ ,,'f*i' & j .si' , ' A,;'' ,,"' . . ., .I +% 6-83--81. P;;Cjc? 9 In acidition, the State Interpretive Guidelines reference "pm'jects whose burden with particular emphasis placed 0;; the impact of shoreline protective devices: , on pwb1-i~ acpss may nst be sucocssfully mitigated with only a 25 foot ~CCCSSWB~"~ r" #, .- . . 4 Shor&ine prot,ective ~CV~CCS~ particularly vertical. seawali.1~ 8 have serious adverse effects CXI coastal resources, Such seawalls increase scour from their base and thus, decrease the area of usable beachcs. Also, because shoreline protective devices are intended to halt the land- sUbject to erosion, AS such, they taw2 to limit p&lic passage 0x1 hasachep especially at high tidaa>and stom conditfane. Further, co;~strue;tion of shoreline protective dcvices elirninatcs dune matcrial its a SOUX~ oE, beach sand, and further limits the ability of the shorbLine to migkale as it would in a natural ~tatc!, Given ~IAC\:X addl ";orla1 direct burdens on the avaihbifity of sandy Ivxch crnd the rcsultmt impacts on public access to tho stab-ownod tiduimil:;, 1 t it: on~.I.y witla clcldi- tiorla1 provisions COK pd>lic aCc:oss ti1;df; tlli~ burdm can 1~t: ufficicntly mitigated and thus that construction of such devices can bo found consis- tent with Suction 30212 of the Coa:;tal Act. I ward.prsgreqs of erosion, they tend to define %he shorePina in areas It has been the CommissionPs experience, basod on tilc rcvirzw of previous similar shoreline protective devices ar.d of scientific and engineering data pertinent to the ~iubj~ct, that such devises have an adverse impact on tit~oralinc sand t;upply and direct advcrsc impact on public access along tile shoreline. Such development, therefore, is inconsistent with the requirement of Section 30235 of the Coastal Act which allows such B~XUC~UKW only 'I.. . .when designed to eriminntc BZ mitigate advcr fmpitet.a 0x1 shordine sand supply . . . .'I since the primary purpose of revetment is to protect landward structures and property. 'As mentioned earlier, however, the Cummission has approved such project5 with a condition ts ensure that .any potential or expected loss of sandy beach for use by the public shall. be mitigated through a requirement that applicants offer to dedicate lateral acccsa easemcnt fdr p&~e US almg the shoreline from the mean high tide line ts the toe of any such shorelkne prQteCtiV@ dCViCC. .I 3x1 conclusian, the Comiseion Eirids th-t the proposed project daersl place burdens on public accem and coastal resources .xd that an,?ccess dedication seaward of the tc of the rack riprap represents an appropriate balancing. ot tke public and private burdens and benefits. The Comnisssion finds that the proposed development, as conditioned, is konsisterit with the Section& 30210, 30211, 30212, 30214 and 38604(c sf the Coastal Act sf 1976, an4 with the'a@pliC&tt,lC? prtavisions of the cdr'cified Cit , .. Qf CarlSbad MtlllO 11 SegmWIt LCP. ' ?. Vertical Access. With regards to wertical access, an existing concrete public access sta+rway. is located Lmmcdiatcly to tho north af the appl.i.cant'~a prop Thue, the Commission finds that adequate vartical access exists nearby ttra subjwt pmparty consistent with Section 3G212 of the Coastal Act and the certifiad XP. 'p: rock riprap does not impair use of the public ratairway. * 8. Subs*ent Appr~va3.s for Additional Shorcl.inc Pr~t~ctive Motisurea nr!d Maintenance uf the Airoved Rock Riprap. The Coinrnissir;n further finds that syccfaE conditions #4 and #5 are required to assure that publ.ic access is not further inpal by incremental additions to the rock riprap or by rocks thczt may become dislodged. Any futua proposed shareline protective works musk he reviewed by the Coastal Commj.ssion. With special. conditions #4 and 85, tl~e Commission finds the project ir CanfOmiity with Sections 30210 and 30211 of the Coastal Act as well as previous " II """ "l"."""-I^ '"" .,"' 0 '. .A 6-83-31 Page 10 Commission permit actions and the certified City of CarLsl.-)ad Plello 11 Segment LCP. 9, PurenGial Public Trust: and Prescriptive Rights. Two remaining issues wkic should be addressed are potential public trust and preycriptivc rights concerns. Staff di'scussions with the staff of the State Lands Commission iadicates that the North Carlsbad beach area seaward of the bluffs may be subjcct to public trwt claJ While the Coastal Commission is not concerned with resolution of thc public trust issue at this time, it is important that the issuance of this permit not be con~tm as a deterrcination with regards to the public trust. As a result, special condieic W3 has been inposed to insure that the State Lands Commission reviews the project& As previously stated, there is evidence that t.he beach area seaward of the old exk concrete se'awall has historically been sed by the public Ear lateral beach access recreational purposes. Therefore, prescriptive rights may exist on portions of thc property. The last paragraph of special condition #l clarifies that the lateral ac easement does not serve to extinguish, adjudicate or waive potential prescriptive j In conclusion, the Commission finds that, as conditioned, the projecl; will act prejudice any public trust or prescriptive rights claims and that the project is i. conformance with Sections 30210 and 30211 of the Coastal Act as well as the ceartif LCP * LO. Local Coastal Program. Sections 30170(f) and 30271 of the Coastal Act WCSQ apecial legislative amendments which rcquirod th Comissi~n to adact and impl@mcm a Local Coastal Program for porticns of the City of Carasbad and county islands pr to specific statutory dates. The Commission did so and in this paxmit application acta like a loc&l govawnrnant. Ti~e CO~~~~SS$Q$-I'S permit decision must be adequate to carny out; the as?optcd zoning oardinarice as required by Section 30519,k; bweuer, since the project may irlso involve lands subject to the public trustl the Cornmissi is also baking its firdings of Chaster 3 sf the Coastal Act. The basis, for approv projects which involve public trust Lands, even after an LCP is certified, is Chap 3 of the Act. In any eventpthe Commission finds, as noted Fmz the pzevious finding that installation of the .riprap, as condition herein, is in conformity with both t applicable policies of Chapter 3 of the Ccastal Act.and with the certified City of Carlsbad Mello I1 Sepent WP. )I .\, .... , . .. 1 -. . ." - . . ,. - . I, . ... .. " ., , #@ 12 $0 2) Q :* y.. , P . *f . -.A+-* 6-83-81 fl ,A - AppIPCLikiOn NQe- . 0. ,&4 ' -. ; STANDARD CONDITIONS 8 "- I. #, .I ...* ~ . .'. IQ ,%-"-- ~\aoti'cc of ~ccc&=anct Acknowf.cdgcrncnt. Tim gcrrnlt Pa not valid and const.ructj.onihsl~ not eomnc.ncc untG a copy 02 4~1m pcrrnie, signed by the pcixmkttcs! or rluthwizcd agcnt, nckngw%cd~ing'reccipt of tho germit and acceptance of the tcms and. conditions, is returned to tho Comission office. * 2, miratioE., . If ,.doLclopment has not com~nenccd, the permit will ~~pi~b two ~PC~SO f-k@ln th htc on which the Commission eotcd 082 Lha &f>plicatkon, CQwstpdi~n shalb bc! purwcd in ip PfiliTcrik manner and ccsrnplctr~cl! in a arcasbbablc pcried #f time.. Application far. extcnsi.ora of &!E permit * must be made prior to thc expiration date.. ' 3, Cotnpliancc e AII dcvchopmcnt :oust 6c6Jur BE% strict. compliance with the propsrsaJ. as set forth in @he application for pcrrnit, subjcct LLJ any. ~pccia3. canditions set forth below, Any deviation Exom the appru~~d plans a~st bo rd.ewea and sapproved by tha staff and aliy require Conmimic app9-0traa * W~BP be rescs~ver~ by the. ~xccut~ve Directon: or the ~omaission. L 4. Interpsctatfon. my .{uestions OZ intent or interpretation of any csnditic 5. Zn&otbOnS. The CQPdrsiSS~O~ Staff Skii381 bt3 ZlBIQWCd e0 hSpC?Ct the Sit@ and &ha devclopmcnt during construc$ion, subject to 24-hour aadvancc notice e .. 8 6* "".- Asaiqrirncntb %he pernit may be assigned ts any qualified person, provided assignco files with the Cormission an affadavit accepting alL terms and conditions of tha pcmit. .I *. -, 7, Terms and Conditions Bun with the Land.' These terms arid condit'i~n~ shall ba porrpetunl, and it 1s thc intention QE the Commission .and thc pcmittnc to bind all future owners and pocsessors't~f tha 'subjec6 proprsty to tho tcrms and conditions. __II. .... , .. . -. .. .- a ,. * -. .. .. .- ,* r *i * e. .*. s7~+%?&k5kwG nii r * ,/ 7," 0 #'*?' {.!Jfi&fd'f $7' #Y.CJ i'"' {Pb.%Y.''ZY7/ .., p c ?i*", 1&7 (Ca'C t'E9 MAP /782~ &$ .. .. xvY3@" /C.O~5SPM0=r . i vi$ @' $:,93 Jr /2.934/> <\.e $ & >: $4 :;. . . k';; 3 Y .;c, \' 31 ,\ :c/ T a i s i I 2 %>~4h:hId& C?J.l'akA\ CaZtvfi ""-.I ..B(Iu i' .II ;;I .. , . i ." + . I5.rC+iO&-) A; j j ;*. !!!' ,' !.,:,;I' ,I; ,I ,.. ;I:; : '_ . ,, i.; .. ,, : %jjy, g fig .. .. "w-w-MY-.--*...,.*"-... .".,_ ! &4%kQ e L + ,’ c ,. ? . i” .Colilcrnio 92035 felophcnc: (114) 14)-89’81 PUBLIC ACCESS EASEMENT PUBLIC ACCESS EASEMENT AN EASEMENT FOR PUBLIC ACCESS QVER, ALONG AND ACWOSS THAT PORTXCW COP LOT 1 OF GWBWHLEE PARK IN THE CITY OF CAXLSBAD, COUNTY OF DIEGOO STATE OF CALIFORNIA, ACCORDING TO MAP ‘THEREOF NO. 3-7882, FXLED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FEEE?UARY 28,1924, LYING WESTERLY (SEAWARD) OF THE FOLLOWHPFG DESCRIBED LINE: COM@ENCIP;IG AT THE SOUTHEAST CORNER OF SAID LOT B; THENCE ALONG THE ‘SOUTH LINE OF SAID EQT 1 SOUTH 53-29-08 WEST, 136.80 FEET TQ . THE .TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE NORTH POIINT BEARS SOUTH 57-29-08 WEST, 180,LO FEET FROM TEE EJORTMEAGT ClBRlMER OF SAID LOT 1, 32-3L-80 WEST, 75-01 FEET TO THE SORTW LINE OF SAID LOT Ip SAID I TITLE C6. ~PECIERIKLMCL ”’ 7, 1 - -r 7% - -. ,.,?.A L 2 i ?L’ c 586,EA