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HomeMy WebLinkAbout1988-05-24; City Council; Resolution 88-169r .I 2 1 dl 1 1 2 3 4 I 9 0 RESOLUTION NO. 88-169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALSBAD, CALIFORNIA, FORMALLY. ACCEPTING THREE (3) LATERAL ACCESS EASEMENTS FROM THE CALIFORNIA COASTAL COMMISSION 5 6 7 WHEREAS, the City of Carlsbad, has previously entered an agreement with the California State Coastal Conservanc 8 9 accept certain grant funds: and WHEREAS, the California State Coastal Conservancy conditioned said grant funds upon the City's accePtanc certain lateral access easements within the City of Car 10 11 12 13 14 held by the California Coastal Commission: and WHEREAS, the California Government Code absolves public entities from liability for unimproved public pro 15 16 damages: and WHEREAS, the City Council of the City of Carl 11 California, hereby determines it necessary, desirable a] 17 I.8 I 19 I 20 21 22 23 24 25 26 27 28 the public interest to accept said easements. NOW, THEREFORE, BE IT RESOLVED by the City Council 0 City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City of Carlsbad hereby accepts threc lateral access easements from the California Coastal comi more specifically referred to in attached Exhibits A, B attached hereto and incorporated by reference herein. 3. That the City Clerk is hereby authorized and dil to execute the attached Certificates of Acceptance, ident as attached Exhibits A, B and C with accompanying ea: - I. -3 1 ?. r 1 2 3 4 5 6 7 a 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 i ,I e * dedication documents and have said Certificates recorded ii Office of the San Diego County Recorder. Following record; of said Certificates, copies of the completed, rec documents are to be forwarded to the California State Co Commission, attention Deborah Bove, 631 Howard Street, F Floor, San Francisco, California 94105. 4. That the City Clerk is hereby authorized and dir to forward a copy of this resolution with attached pre-rec Certificates of Acceptance and accompanying easement dedic documents to the California State Coastal Consew attention Alyse Jacobson, 1330 Broadway, Suite 1100, Oak California 94612. PASSED, APPROVED AND ADOPTED at a regular meeting oj Carlsbad City Council held on the 24th day of May I by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsol NOES: None ABSENT : None ATTEST: L.&L JQ- ALETHA L. RAUTENKRANZ, Ciqy Clerk (SEAL) ~ I I 'b t 0 086 :k1jg66 9cnp aL 2188 .- I i I. ., ..,',. L '.. i. L .: . , i .. ., , . .~. ,_ :ti .._ .. '.'" .. .. . ' ,...-'i - . Recording Requested by and When Recorded Mail To: '2~6 r*e Jii'i -6 32 /I: .. .. . I .I 1 City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 k;,;;, L,:. ..-. . 'j ::- : .$ i _. . . '_ . ...!.i: - L CERTIFICATE OF ACCEPTANCE This is to certify that the City of Carlsbad hereby accepts the Offer to Dedicate for Permit No. 6-85-502 Executed by: Nancy Fay Johnson on December 16 , 1985 and recorded on January 25, 1986 As Instrument No. 86-035770 of the Official Records in the Office of the Recorder of San Diego County. May 26, 1988 BY dT* ATENeJerk 6,? Dated For The City of Carlsbad STATE OF CALIFORNIA 1 COUNTY OF ) On May 26, 1988 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz ? 15s /X/ personally known to me / ! proved to me on tho 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. ~++***************S*~b~bb~~~b~ * * * * * * OFFICIAL SCAL t NOTARY PLJ8llC-CALlFOhNlA * SAN DlEGO COUNTY t KAREN R. KUNDTZ $ MY Cmm. tr. %d. 27. 19~ * *************************a***: " Notd Publi-din-ahd fHsaid County and State .r ~ 6 ORDER NO.: 9742 (til) 2 2- e h- SCHEDULE A The Estate or interest in the land described or referred to this schedule covered by this report is: A FEE .> Title to said estate or interest-at the date hereof is vest JACK M. ROTli, a Single man and VERT? MAGNUSON, a single man joint tenants The Land referred to in this report is situated in the Stat California, County of San Diego and is described AS follows Lot 18 of TIERRA DEL OR0 SUBDIVISION, in the City of Carlsbl County of San Diego, State of California, according to Ma? * NO. 3052, filed February 4, 1952 in the Office of the .ReCOrc Said County, " ORDER NO.: 9744 ,fr e . .-e s- .I SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said plicy fez, would be as follows: 1. General and Special taxes for the fiscal year 1982-82, a lit 2. Any adverse chin to any portion of said land which I not yet payable. been created by artificial means or has, accreted to SI portion so created. 3. Covenants, conditions and restrictions, but delet restrictions, if any, based on race, 'color, religion national origin, in an instrument recorded February 4, 1954 Book 5132, Page 44 of Official Records, Said instrument provides that .a violation thereof shall 1 defeat or render invalid the lien. of any mortgage or dc of trust made for value, 4, An easement within the Northeasterly 25.0 feet of a Southeasterly 4.0 feet feet for either or both pole linc underground conduits and incidental purposes in favor of ; PIEGO GAS 6 ELECTRIC COMPANY by instrument recorded June , 1935 in Book 5679, Page 367 of Official Records, Reference, is made to said instrument for furtl particulars . 5. An irrevocable offer to dedicate real property for pub.: access and possive recreational use along the shorel, purpose, dated Agtil 8, 1981 in favor of the CALIFORNIA COAS COMMISSZON, upon the terms and conditions contained there recorded Hay 29, 1981 as File No, 81-167629 of Offic. Records, Over and across that portion of the Lot lying seaward of ' toe of the bluff. 6. An irrevocable offer to dedicate real property for open spI purpose, dated April 24, 1961 in favor of the CALIFON COASTAL COMHfSSIBN, upon the terns and conditions contail therein, recorded May 29, 1981 as File' No. 81-167630 Official Records. Over and across that portion of the herein described lI between the toe of the bluff and the western edge of concrete walkway, \ "" 1 .>-* m "" """""" """_ 0 A- .. . & SC3EDULE B CONTINUED ORDER IO. 9744-C 7. A Deed of Trust dated December 5, 1980, executed by JA ROT13 AlJD VERN IlAGNUSOTi, to TITLE I3SURANCE ALL'D COMPANY, a California corporation, Trustee, to secuz indebtedness of $259,150.00, and any other mounts pa under the terns thereof, in favor of RUTH C, SO recorded December 30, 1980 us File No, 80-43643 Official Records. Said Deed of Trust is subordinate to the Irrevocable c to dedicated recorded Kay 29, 1981 as File No, 82-1 and 81-167630, both of Official Records, by the terns Subordination Agreement recorded May 29, 1981 as Fil 81-167628 of Off iciaf Records. 8. An Agreement regarding MAJOR REMODEL OF EXISTING SI FAMILY RESIDERCE, dated 26th day of March, 1981, exe by and between JACK M. ROTH AND VERN MAGSUS3N and th DIEGO COAST REGIONAL COPIMISSIONp upon the terms, COVCI: and conditions contained therein, recorded April 27, as File No. 81-123325 of Offic'ial =cords. 9. The effect of documents, proceedings, liens, Uecrec o'ther matters which do not specifically describe said but which may affect the title or impose lien encumbrances thereon. Rie name search necessar ascertain the existence of such mtters has not completed and will require a statement of information JACK M. ROTR in order to complete this report. TAX INFORMATION 1980-81: Code Areat 09000 Parcel No.: 210-020-18 Landr $14,253.00 Improvements: $ 5,618.00 Exemptions: $ 000 1st Installment: $ 451.38 PAID 2nd Installmentr $ 451.38 PAID e 1 c / I ~”“”” ””“ - - 1’ r . I, SP 1’ \ . P 1915 i. tjil--L6? . 4 .A c , c MHIBlT A EEPzz * I ftLEIP6CF "?. ,_ EOOK 198( RECf;T;DEO REQW.: csnL ~ RcluMYO, BAY 29 . 12 52 P!! CFFICtAL RECi,R , SA:; "EGI 7"' "-y, 1 YEHA ih" REiUGLEH .. .. .. ,. .. * Lot 18 of Tierra Del Omi Subdivisiori, according . to Map thereof No. 3052,': filed February 4, 1952, in. the Office of the Recorder of said County , and , 8 commonly known by the sfreet'iaddress of 5005 Tierra ,. 3 5 Del Oro, Carlsbad, California. .. .. ... .,'. .. f . :,>. . -. ... ........ .. ..I.*. .. -I ......... I; .. .; . " ? . . ... .;....'.. .... I . . ;.,.?a:... ... :.:- .. i .. ; ,: , . .y.,:?.- . ;" ..ti;,:: . ! ;,: ..;:.>;:. :,.' ' : :' .":. .!.?,, .*!. . :' :. ;: ? .. ., ... 1.. " . ..e . '( . >. . ....... .... .. ........ '.V.'.'.. , s, . I I. ., . VI.. . .. ., I . * .. .', ... ;i .. - ... .. , ... -, . .. ..'.. .. . ., ... ....... ... .. 1. . ,. . _. .. .. ... ;;: , ;;>. :: ' .. !. : & i: ' 'a, . ........... .. I.'.. , ...... .. ~ .. i, .. ! ::";., I . ; 'I.,.'' , .. ... .. .. ._ , I. .. -, . .. . ,' ... ,. .. .. .. .. .. I. 2 .... .. *. ,. .. .. ... .I ... . *% t 9 .. * \ ....:::, . .I . . ... ... ,,., ' I ... .! .. : *,k +. _. i. I. . . .' , ... .. -. .... ... .. ... ., , ". .... .. ' b I. . .. . , .. I. ' ::. . c I' .... .. .. , - ' 3. . : , ... ... .. .i t ... .. ... ... .. c -. _. ,* ... ... .I I b !< .. """"=="""" """"""---" ---"-""_ - -9 h J " n. 9 I I -4 , 6 WESTLAND TITLE COMPANY .s'"' 2555 Csmino Del Rio South, San Diego, California 92108 (714)- 299-9470 985 south anta ~e me., Suite 2? Vista, Qlifomia 92083 (714 -941-4410 or (714 481-5895 I PRELIMINARY REPORT ISSUED Tor ZINHOLZ AND ASSOCIATES Y9UR NO. Roth : ATTENTION: 1125 Camino Del Mar OUR NO. 9744-C Del Nar, CA DATEr June 10, 19, (J in ksoe) COPIES FOR: DATED AS OF June 9, -1981 AT 7t00 A.M. * In respanse tn yxr ebave referenced application for a palicy of title insurance, Wstland Title Canpany reports that it is prepare3 to cause t~ h issued through #nerb~~ Title Insurance fbpmy Of 1h1, Florida, a Florida cqmration, as of the date hereof, 8 PR fom Policy af Tfae ~nswance desqibing the lard arrd tfie estate or intemt therein hereinafter set fortl; in Schedule AI insurirg against loss *ich my be Sustained by reason of any defect lien or enctlmbrance rot shown QL: referred to u an exceptim h ~c~ufe B? or rot excluded frcm merage pIrsuant to the printed Schedules, Ccxditions and stipulatians of said policy form. -NOTICE+ mis report is issued solely far the p~w of f-acilitating the issuance of a palicy of title insurance, S$o liability is asstzed either b westland Title ccmpany or American TfKe Insurance AXIY of fam mi, Florida, for any loss QL: damages sustained you, or on this report, by reason of the misdescript on 01c anhion o any matter In or from Schedules A or B Of this kport. It is desfrtl) that liability be assmed befare issuance of a policy of title insurance, a mfmt sh~dd be requested. T c%y mY r;e==n rely* lete schedule of applicable rates end prenFrna is available on P&Stl%?%tle oesnPany QI -st. WESTLAND TITLE COMPANY BY ad BOB .' C13FT 4-w- TITLE OFFICER sr 267 r' " " "-I - 0 .' ". . i -e---- . .- *-- " " .. "- " -( ,.@"" L&UzLL" ". . ,* -< '. . li --- ll r;;O?DZNG ?Z,"ESTZ3 ZY : STATE C" C;-5IIC?:;A ~~~.;~&~i-\ \::.k:.:,L 2(-I.>1I35IcN €31 !i3;.;AFz S.T?ZET s;21 F:A'ic:Sx, CA 94135 i ROTH & MAGNUSON 7 1' . SUI30IU)Il?AXTIC:J AG?.ZZ:Z:;T SI The r;,9ersigned, as beneficiaries WZet a Deed of T-ust datd (1) 4 DECEMBER 8, 1980 and reeorzed (2) DECEMBER 30, 1980 5 in Sook lg80 t Page 80-436433 t Official RecDrds in the Office of ~ the Courtty F.etor?er of the SAN DIEGO COUNTY , enczberiag tke 7 1 rea: p=o_ce=t-l descr3ed in Exhibit A to this boCment, ws=, Dee5 of TyLst 8 J h~ as t,ust=o (3) . ==XXS@BYE?t T$tle InSSU~ag~&&~g$, G;ewny .. . . .. 1 " - -" 1 gg'- . ,cchowle+es z!!e ~4) OFFER TO .DEDICATE ACCESS & q8& c0ncJrront-y 10 rr herewit5 aE2 does hereby suborzinate tSe interests of its deab of trust t.!!erZta aid t3 interests created upon any IC ce of sais Offo,r. 111 :: ,',, i./l 22 sated: wz&4;& /(3 , /qg/ ', 1 s 1. . .&! - 4- >..:;.<? ;.&I b.#r ,q j-4 - - / 14 8. t ". i 16 C.CI.C.-.. TO IS44 CA A- (8.74) ifJQJ.L2 8 - 15 I STATE OF CX~~ZC~liA) #- 1 (Individual) fl TlTLE INSURANCE AND TRUST ' 17\ '19 \ Oll ? ' STATE OF CALIFORNIA . } ss. AnaOCrCDMW 18 ' COUNTYOF c- 0s A/dcEm MAY 13. Ips/ I .. before me the undersigned, a Notary Public in and for said 1 t state, personally appeared- 7.~ L - s OR i/ ~f . 20' $f f w f , , known to me ' z1 . 2 2 subscribed nd acknowledged that% ~ executed the samc. (This area for oi6ci.l notarid rul) G=-==i.:%:? "Z. -2" -,-:= -y I .* t *. % '. .. 1 2 I. Re -3 ,mu F..f.T.ues !\xh '2 :.?cordc:, bb- e- :c. .v' hp. d !". -c--~omia Cdasc21 Sozr;issicn '631 iioward Street, 4th Flocr Sar. Francisco, Califorr.ia 94105 Attention: LeyaL Deputm%it 1916 4' ?aL7 81-P67( F_ILE/PAGZ h'3,- BODr 158 RECORDE; r:~?': C~RC RmMo )IAY 29 12 52 1 Y#C. L r ;CIA; fi,t;c: 'FCO CC$:(T' RECORDER IRWVOCABLE CFFER TO DEDICATE EWLSC ACCESS EASE 4 J1 AND VERA L. LYI 1 5d DECLARATION OF RESTRICTIONS 6 i THIS IR.REXOCABLE OFFER AND DEDICATION OF PUBLIC ACCESS EASEMENT ANI DECLARATION OF RESTRICTIONS (hereinafter "Offer") is made this 8th dal - April . 1981, by JACK M. IzgTH ad VERN MAWON 8 - (hereinafter referred to as "Grantor"). X. WHEREAS. Grantor is the legal owner of a fee interest of certain re properties located in the County of san mego , State of Ca and described in the attached Exhibit A (hereinafter referred to as ,the "Property") ; and 11. WHEREAS, all of the Property is located within the coastal zone as in Section 30103 of the California Public Resources Code (which code is hereinafter referred to as the "Public Resources Code") ; and l7 11111. WHEREAS, the California Coastal: Act of 1976, (hereinafter referred l8, ' by the Commission or Regional .Commission must be consistent with the pol 21 (hereinafter "Regional Commission") and requires that any development a1 2o as the "Commission") and the San Diego Coast Regional Conpissior l9 the "Act") creates the California Coastal Commission (hereinafter referz 3 x 22 ljof the Act set forth in Chapter 3 of Division 20 of the Public Resources 23 land IS '' IV. WHEREAS, Pusuant to the Act, Grantor applied to the.Conunissian or I( ti ii .. 25 ![Regional Commission for a permit to undertake develohment as defined in I. 26 'within the coastal zone of San Diego . County (he I* 27 the "Permit") ; and c;:~.,~, DURf A? ;# OI WPLR CALtIDYNIA : I ;e ll : a 1917 * . t *- * I) I 1 "v. WHEREAS, a coastal development permit (Permit NO. F9661 1 was 2 granted on March 20 , 19 - 81 , by the Commission in accord& 3 with the provision of the Staff Recommendation and Findings, Exhibit 8, attached hereto and hereby incorporated by reference, subject to the followinc Tne applicant shall execute and record a document, in a form md the Fxecutive Director of the Ccannissiun, ive Director, an easement for public access recreatiml use along the shoreline. Such easement shall be shall be recorded free of prior liens except tax liens, and free of prio: ate to a public agency or private asso- ion of the lot seaward of the toe of the bluff. Such easemslt es which the Executive Director determines may affect the The offer shall run with the land in favor of the People of the State of essors and assigns of the applicant or landlord. dicatim shall be irrevocable for a period of 21 years, running from the date of recording. .14 I.3 I 15 16 17 1 8. 19 ?I his requirement for an &and aqy prescriptive public;- .. I. VI. WHEREAS, the subject offer of easement shall neither diminish nor rights tsfii-ch may have been'established by the I property is a parcel located between the first I 20 public road and the shoreline; and 21 L 22 L 23 ' VII. WHEREAS, under the policies of Sections 30210 through 30212 of the I California Coastal Act of 1976, public access to the shoreline and along the I ~ coast is to be maximized, and in all new development projects located between I 1 the first public road and the shoreline shall be provided; and I - I VI11 .WHEREAS, the Commission found that but for the ,imposition of the above condition, the proponed development could nqt be found consistent with the public access policies of Section 30210 through 30212 of the California Coast -2- r' I * .'.' ,% L I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 B 22 23 24 , 25 26 27 i I 9 1RHIA 8 721 1 ~ 0 0 19i8 Act of 1976 and that therefore in the absence of such a condition, a could not have been granted; IX. WHEREAS, it is intended that this Offer is irrevocable and shal enforceable restrictions within the meaning of Article XIII, Section California Constitution and that said Offer, when accepted, shall the: qualify as an enforceable restriction under the provision of the Cali: Revenue and Taxation Code, Section 402.1; NOW THEREFORE, in consideration of the granting of Permit NO. 5 to the owner(s) by the Commission, the owner(s1 hereby offer (5) to dec the People of California an easement in perpetuity for the purposes 0: public access and passive recreational use along the shoreline 1 11 *' located on the subject property seaward of the toe of the bluff and as specifically set forth by attached Exhibit C hereby incorporat reference. 1. BENEFIT AND BURDEN. This Of fer shall run with and burden tk and all obligations, tern, conditions, and restrictions hereby impose be deemed to be covenants and restrictions running with the.land and s effective limitations on the use of the Property from the date of recc of this document and shall bind the Grantor and all successors and ass This Offer shall benefit the State of California. 2. DECLARATION OF RESTRICTIONS. The Grantor is restricted fron, fering with the use by the public of the area subject to the offered e for public access. This restriction shall be effective from the time I recordation of this Offer and Declaration of Restrictions. /1 ll -3- w il 0 ( 0 6 . I. .& ' '11 . 1919 3. ADDITICNAL TERMS, CONDITIGNS, AND LIMITATIONS. Prior to the openin of the accessway, the Grantee, in consultation with the Grantor, may record additional reasonable terms, conditions, and limitations on the use of the subject property in order to assure that this Offer for public access is 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions i: nvalid or for any reason becomes unenforceable, no other provisiol reby affected or impaired. 5. SUCCESSORS AND ASSIGNS. The term, covenants, conditions, excestior and reservations contained in this Offer shall be binding upon the benefit of the successors and assigns of both the Grantor tee, whether voluntary or involuntary. 6. TERM. This irrevocable offer of dedication shall be binding for 21 years. Upon recordation of an acceptance of this Of fer by the s' Offer and teLrnrS, conditions, and restrictions shall have the grant of access easement in gross and perpetuity that shall run d and be binding on the parties, heirs, assigns , and successors. 18.. // // 19 /I// 21 2o l'j // I I // I 1 // // i // i // // I I '1 11 .. -4- 1 6 1 ', '* .. .* . I92Q 0 . I kcceptance of the Offer is subject to a covenant which runs with th providing that the first offeree to accept the easement may not abandon but must instead offer the es.ement to other public agencies or private associations acceptable to the Executive Director of the Commission for duration of the term of the original Offer to Dedicate. Executed on this Id day of &&,mat r &afl / pmp:" li"t.-.1. /3, mY /h f d24" r"; TO 1944 CA 16-74) (Individual) 1921 gj AND TRUST - rmE INSURANCE L- - STATE OF c L } ss. ATYORODUP*WI I j. '_ COUNTY0 i, executed the same. WITNESS my hand and official seal. ,( (This area for official notarial se01f 20 instrument and acknowledged to me that they executed the sme. I \ Ib?. 21 u 4 11 '(, I Witness my hand and .>'. 'st above vritten. 0 % Q official seal the day and year in this ce&ifi State of California # DOROTHY R ALEXAb *OI*ln W0LY - CALICC -5- .a '. * . n I .\, a Ic32I) @ . . I. 1 Acceptance of the Offer is subject to a covenant which runs with the lan roviding that the first offeree to accept the easement may not abandon it t must instead offer the easement to other public agencies or private ociationt acceptable to the Executive Director of the Conmission for the ation of the term of the original Offer to Dedicate. Executed on thio /&, &y of &a//wat Y H- > j @i@fhP- p* Signed ,I4 rm %Y>'k7 d JACK M. RUM fl$z/ ' Y .:.. State of California '.. ,<., 1 . . c 0 192% 0 . 1 This is to certrfy that the dffer to Osdicate set forth above datec 21 April 8 1 19 81 , and signed by JACK M- ROTH a 3 7 California Coastal Commission coneents to recordation thereof by its du: 6 ment Permit NO. F9661 March 20, 1981 and 1 conferred by the California Coastal Commission when it granted Coastal I 5 'officer on behalf of the California Coastal Commission pursuant to authc 4 ' VERh! MAGISON l ovnelr(s1, is hereby acknowledged by the undersigr on r authorized officer. 9 Dated: I Mqy /'I % 14U 10 ' A D.6h.h Tow&( 11 Califoda Coastal Commission I 12 for said Statq, personally appeared J4ewl D &%dl7 15 On /1/.v IT \fY/ , before the undersigned, a Notary Public 14 COUNTY, OF SAN FRANCISCO 13 STATE OF CALIFORNIA 16 Ley41 r -smel , known to be to be the -e- a~( 4 J,Z~ u Title 17 18. of the California Coastal Commission and known to me to be the person wk executed the within instrument on behalf of said Commission, and acknow! I/ '/il 19 20 to 22 i ** // 21 i 23 1 I I me that such COmmiSSiOn executed the same. Witness my hand and official seal, &&& -. rY Public in and for saj NOTARY PUBLIC-CALIFORNIA County and State CITY AND COUNTY OF. 25 11 1 I -26 1 'I!! t 't 11 I( /F 't -6- l Q I 0 0 1 cj :> - d&J . *. Lot 18 of Tierra Del Oro Subdivision, according to Map thereof H0..3052, filed February 4, 1952, in the Office of the Recorder of said County, and cormonly known by the street address of 5005 Tierra Del Oro, Carlsbad, California. -. tt 'Flir I:, EX"? fi 11 'h 14 f 1' '1 I I it F -. r, L;AT~*~F ,c~~:fOf't~lA-CA~l~~~~Nl~ COALTAL C fI'jL!D?J -1- " -r 51 34 MIJ:~~': GOCCE ROAD, SUITE 220 (p 3'. ! I i.; , * - 1924 6 SIN @!KO, CALIFORNIA 92120- TCL. (714) 28MW2 /'L/ " - . - " _" "". - ._. . . . .@ .-..-.. - - "" -:-"..(L),! \ - """. "_ - " -2- """ - '. '". :, Cl;A$'JbIn G. 8CCW't' '.' - __" SA;^ pjLzO' COAST IIXIO:\IAL CO::,/;. ..dti """_ 1.d JL\;( ; r -$\ >- ja L.' i/ a: .I m=rp ~. COPISZ!IT CAL,EI,:D1'?I? APPLICATION SUi.X.L-\i<Y COI!TXOL KC . " PROJECT DLSCRIFTICN - . ~qC61 7 Major remodel 3f existing single-fanily residence consisting of TI1 demolition of 633 sq. ft. of existing structure ,z>d new construction of 1334 sq. ft. of living space. The resulting structure will.bc a 2,501 sq. ft. split-level single-family residence.. - Let area 14,150 SG: 1: t -:I Wding coxrerage 2 0'75 sa. ft;. 15;5 Faved =e?. coverage mri- (c0 - mdscc?.pe and unimproved area 11,0117 sq ( ?q!!, Parkkg 2 Genera plan r Pro jed IXnsity Hgt. abv.avg. fin. grade " zoning H-1 SITE;: 5W5 Tierra Del Oro Street, Carlsbad (APN 21010%18) PppLICAIm: * Jack Roth and Vern Magnuson AGENT: Carl Reixholz, A.I.A. 6987 Los Tilos Road 1125 Camino Eel Mar Los Angeles, CA 90068 Del Mar, CA 92014 .. / . .. CONFOrrt.IAMCE WIT11 THE CALIFORNIA COASTAL ACT OF 1976: The proposed dsvelopment is in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, and would not prejudice the ability of any affected local government to prepare a Local Coastal Program that is in con- fornity with Chapter 3 of the California Coastal Act of 1-376. There are no- feasible alternatives, or feasible mitigation measures, as provided in the. California Environmental Quality Act, available which would substantially environment . (***SEE SPECIAL CONDITIOKS***) - lessen any significant adverse impact that the developnent may have on the CONSIDEilATIONS: Tierra Del Oro is ?I 21-lot single-family residentia1:scLbdivision on a "T" street betxeen Carlsbad Blvd. and the sea bluffs. Thirteen of the lots have sea frontage, acd all of these have single-family residenccs except for the two lots ' ediately to the south of the s-abject site. Ccnstruction of a single-family dcnce on the lot to the south adjacent to the subject site was recently WPrc he Commission (F9505). The subject site is south of undeveloped SGG&E bcach- lands and Carlsbad State Beach. 3-09-81 TH:am . (SPECIAL CONDITIONS - next page) 0) mff/G/T-C . I. /c B 192s 0 ,!:.:At ctlcndar - Applicantion Sunxary ..: ~ 6 1 ?&-,<jC 2 ~);e pZCF9Sed project Consists Of demolition of a portion of the seaward en< l thc existing single-family rcsidenc'e, and new construction.of 1,334 sq.ft. o new living space. Parking consists of the existing 2-car garage. The n2w ;idaition includes a second ston. The project proposal oriyinaliy included a 6-foot hiqh chain link fencz to b co:lstructcd on the face of the bluff. The Commission finds that. special cc;I tions 3 and 4, which prohib-t the erection of the fence or any other structu seaward of the walkway near the residence will help ensure that the visual a_ of this coastal blaff is maintained. An existing stairway, which consists o wooden steps a::d does not hzve any handrails, is located along the southern ary of the subject lot along a portion of Lhe face 02 the bluff. This stair is relatively inconspicucms, and can rernain in its present forn on the h3.uff area, although alterations other than simple maintenance to these stairs VOU bc prohibited. The development is located on an unprotected bluff, and may be vulnerable to hazards from stormwaters, Special condition #1 ensures that the applicants aware of potential dangers and that they relieve the Commission of any iiabi This proposed project is locaired between the sea and the nearest public road In acccrdan'ce with Coastal Act Section 30604ic), the Commission finds that t project, as conditioned, conforms with all public access and recreaticn poli of Chapter .3 of the Coastal Act. Coridition ,#3, which requires the apslicant dedicate that portion of the lot sezward of the Sluff, will ensure that ado,¶ lateral public acce5s will exist. Vertical access to the beach fron Carlsbad Blvd., is situated approximately feet to the north. Thus, approval of the project is not expected to impact access to the beach. The proposed structure is set back within the "stringline" between existing velopment on either side. The proposed single-family rssidence will he conpatible in scale and charaot with surrourding developmnt. With the attached conditions, no adverse impa to coastal resources are expected to result from approval of the project. , SPECIAL CONDITIONS: 1. Prior to the transmittal of a coastal development permit , the appli shall sdmit to the Executive Director a recorded d.eed restriction binds the applicants and any successors in interest'. The deed rest tions shall provide: (2) that the applicants understand that the si may he subject to extraordinary hazard from erosion and landslides caused by waves from stanns and the applicants assume the liabilitl from those hazards; (b) the applicants unconditionally waive any claiTn of liability on the part of the Commission - (Special Coqditims - continued next page) li5, g 5 Ib -2- c I I *' , ., - ~,*;~ - C,lcndar - >"l<-;.:t;" ^..-r-. AU". L 0 lQ?G 0 - nl:pAALaL~ui~ duua *. .. 1 3 .:;.;;cItAL CONDITIONS - continued: """ w for any damage froa such hazards; and (c) the appli cznts understand that constructipn in the faze of these probable llazarcis mzy make them ineligible for public disaster funds or loans €or repir or replacement of the property in rhe evczt of storms. @,ffer to Dedicate and Deed Restriction for Lateral Fcckss: Prior to the issuance of the permit, the Executive Dir3ct2r shal.1 ccrtif in writing that the following cor.ditica has been sLtisfied: The applicant shall execute and record a docunent, in a form and content approved in writing by the Executive Director of the Commission, irrevocably offering to dedicate to 2 p&lic agency or private association approved by tho, Executive Direc an easernent for public access axd passive recreational me al the shoreline. ~?5ment"i"Y.. " &tF2!3 .. L . LJ - i. ." . . __"" -. - .." *: * "_ . I su easement shall be that portion of the lot sez#:ard of the toe , ' the bluff. Such easement shall be recorded free cf prior lie except tax liens, and free of prior encumbraces 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 Califorcia, binding s.ucc-:ssors and assigns of th applicaqt or landowner. The offer of dedication shall be ir- revocable for a period of 21 years, such period running from 3. Prior to the issuance of the pernit, the zpplicant shall record an irrevocable offer to deciicate to a public agency or to a private a 9 > an open space easement over th area between the toe of the bluff thekesfern edge of the concrete walkway, as indicated on E>rhibit attached. Said open space easement shali prohibit any alteration of any type,. unless approved by the California Coastal Commission successor in interest. The offer shall 'be irrecovable for a period of 21 years, shall run in favor of the People of the State of California, tlinding SUCCESS and assigns of the applicant and/or lan?owners, and shall b2 recor prior to all other liens arjd encunbrancss except tax .liens. The o to dedicate shall be in a fcrm and'of content acceptable to the Executive Director. Prior to issuance of the development permit, the applicant shall s n agreement which indicates that the proposed six foot'hiqh chair: cnce (as proposed in the application! will not bc? constructcd on ea of the site seaward of the proIJoScd cezcnt wzdkmy: that area special conditions #2 aril! $3. Thc aqrcexcnt shall be s&mittci iswcd and dctcimincd adrquatc in writing by +he Executive Dilcc (YJ -Po Q land forms, placement or renoval cf vegetation, or erection of str %; -32 "i, _" - " 4 e ', .. , r "p- \ I* 6 '! , ,\;: - I ! I 11 e. I. \ .. e-:*\ b p.y4sE:!\D I *y:+ \\ j I sii \x..;: ,#I?$$ )$@!!t;;m* A?& L".,, LJ.- 3 *a ., .. I 1. I& y' *. . '2.. I e 1: L I 1- - _, _._". - !i\ *- \ , .'?\ *,' ! J, .,:\ i,~~;,~\>-ytAp ;lqml r&!L! - __ - - *'e .. ---#' -.- -. r c-; \.,,,. yy d I ! Pli€O ?-"-A% Dfc i 1: / \\ ' i '.' >;:. " 4A 'i\, '..).,*A> ". @ % <*: \\.. G 1 VL , . , , ;-\*:- *A" s.,:8d.:. -iJ oc t ,"-. I \\ \- . .. '. - . .I928 c..,,,r.- ct~t1~&!~:::4 CC>\:>T~..:-~@ .:QN , . . . .-~ ___ - -. _. - . "._. _-. . . "_"" "" ."" - ".."." - - . -0 rml,uKp c KC - ." .- . .. .. ." " """. - ._. - -.- - " - -- - "". - """" -----. " ". +h - ' :/] L.. '"'I' 1 >.. .. ; i ,I.%.,.);..,*" -"'.',- I,'! (-";;,p,;;,,3y,2x A 4. ',, ,. , (;a:, 4': Ri_ ; ?. 5IJl!C 2-23 c,Lo, <ALIICL::IA o?I:~J-IE~. (714) ?~3.61/92 A,..~~o.~:~l. ~~;~lt~~j:~~;~:)~~~~~ __ _"_"" "" a -. T,j:,)c?t!:? Cn;lelan, c:hzj.rxa?n 1::2~;.-: ;!c_c.?qccr~c:~, l'j.rc-r?i: ~:T;IG IIayrj.ct F~~I:.II ~ 51-atc Ee1)rcscnt;ltivc 2j.x Llel t.cs Erhn Cilbr2.f K3ry Ccs?cr !,!:kc G2tc.h IiF 1 1 i '.<:ic JOSqiI Francis . 3eff::.:y yrzQt.:.;c.::y . i.:c?:y?.y G;+linsoq . Gcrdarl ?,7i11?-c?x J\Dllii~P~i)~I~~I TO I'EK.:TT .4?P C0R:TROS 1:o. / [I 3 ,,I/, I)iCCLIRnLTICl:? OF CA?TFXG?J CCMTi;?'li3U'iIOil'S ?.;le c~~r,-Lssj.o~-!'s confj.ict of j-nterest rcsslations prohibit any comissioncr v~t: project if he cr she has remix-ed ca::!paiy: ca;ltril=a'iicns of $109 or nor? \:ith<n ye?..: (bit Ilot before April 17, 1980) ; from project propmen'is or Oppot?cilts, the enplcyees or family, or any person with a financial irlteresr in the project. In the event of such contributj.ons, a com.2insiozer must d,isqualif:T hin; or hers2 voxir.g on the p'rolcct; kclilu~:e to uo so nlny lrac to resocztion of the pc:r::lic. The aA3p1.icant must declare helcw- wlicthcr any such contributions kave beer. made OS the co:m:iesioners or alterna-tes listcd dmve. Q CHECK ONE .L!i flie applicants, their ay;eDts f cnpluyces, fami iy ancl any ~->~I:SOII :vit.h 2 fizlancial i.!lterest .in the project. IIF\E NOT CC)YTRIFXTEg SlCO or stlore tc, my Comztlj ssioner *citIlin the past year. (Cr,mkrihti~:~s recc.ivc?d prior ta April 17, 1980 arc exenpt. 1 " U I-:> I*.C applicants, their ncjcpts f cI;q>lo:Ye.e?, ;ind/or f;miIy, anci,/or aliy ~CTSO-~ 11avi;1q J financial. j.~~+:~~:~s~ i.1 t11c p~-"jc>ct I:?.VX c;c!~';'RI !<L!:i'Ei) $2 00 0% nort: tn tkp cc.1mis:;ioncr's li ~kcd bclow .""_ "" - - g& within t.Irc? pask ycar. (Cont.ri.Sut.ions rcceivc.4 prior to k.pri.1 17, 1.3EW hrc cxmpt. 1 L= "."__I -.""- "_""_ "." """" "" - ,P&LWAs3Y17,- IT,r tc 2.//& "- - "- -. - . ./" In ' CAIIlA 1'. l~l~TNli0I.X A .- 1 .A., - - - - - - - L I; "1,- I - .. ....... b 1925 a 7' LC p/:. LLI / - &&,/ f, -1 LJL - J J&&/ G. .'; .<ZL,*_. z /' Cd .. _.. 04.c 4, -2 A&J.&;&I;&?? f?L fidsc /A+ yz&2..,ldd~ / '/.+ 5 . .. ~4; w Lc (~LLL.:~: L (I- /+. i ;~.~~.~*~~~~. . * /iL.,jt J~//~~~~ n&s( .;. &&.L.t+<Q& *-t A&&.& /&!!GL ,&?? 4 1 I i/ ..... J&L, - #A& J&&. J&&&$&Ay v & /" A' .fp&&&. d Yd6; -. . " - .... ._ .- -. ......... .. - - . - ..... -. " ._ .. - - . - - -. " . - " ." - - - - -. . - " -. . - - -. ". ." .. - .... - -. . - .. - -. - . - ... - .... .. . . " . - . . " - .. _. ._ "_ . . . " .. - .. - . . -. . .. .. " ..... - ................. . "" .. - .... - ... -. ." ..... - - - - ............ -. .. - ..... - " .... - ._. . - .... - .... . ". . . . _._ ...... .. .".". . ....._..-......_. ". .".". ........ - ..... ..... - .." . ..... "" . ._.._" . ..." ..... .". .......... - .. .... - .... - - . - .. - . .- _. ... ...... ... - .. - -. . - . ... " . -. .. .- .- .." .. .._ . -. _-. .. ". .. ....... I .. _. ..... - . .. .. -. " - " - - --- .---"".---" - .-. -.. ... " "- .. .______ .... ...."._ "." .... ..._.____ . - ... - ._"" . .... ...... .- "" "."""""""".. _. "C. - 1. . ! ,- 0 1 2 3 0 a" . ," . ,. .e. .( !. . IL I "50a5.-7\mkA .DC& (akQ s,+q!s - : I \" (( i 0 -u 2196 08 76gj58 "". , \ i ., .;. - ! ' .. . .. .. . . , ,.. . .. .. . . Recording Requested by and When Recorded Mail To: ~ . .! I .- - ::lzg 3fj ir .*, "."i 'G 1 City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 \:. . ,. . 1 cce-;; ; .. - !' + .. . .. CERTIFICATE OF ACCEPTANCE This is to certify that the Cj ty of Qrlsbad hereby accepts the Offer to Dedicate for Permit No. F-9661 Executed by: Jack M. Roth and Vern Magnuson on April 8, 7 19s and recorded on May 29, 1981 As Instrument No. 81-167629 of the Official Records in the Office of the Recorder of San Dieqo County. May 26, 1988 F2fTA-y , City lerk Dated For The City of Carlsbad STATE OF CALIFORNIA ) COUNTY OF 1 ) ss On May 26, 1988 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz 7 /X/ personally known to me / / proved to me on the bssis of satisfactory evidencf 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. .............................. % *FFICIAL SEAL g * KAREN R. KUNDTZ t * NOTARY PU~LIC-~IFO&A * * MY CMm. EXP. SCM. 27. 1% t *******a********************** * SAN WEGO CWNTY g .\ 1.3 I e 1 .I a " "" "This plat is for 1 our aid in locating your land with reference to Streets and other parcels. While this plat is believed to be correct, the Company assumes no liability for any loss Wxuning by reason of reliance thereon." TlERRA DEL OR0 I -.- " - .-- - - -.. ... .- - ~ " .. I r \ 4 I\ e 0 1 1'l,l*:.\sl; NO'I'I' ~::\l<l~;Fl'l,l,Y 7'111*: ;\1~l1,1'1~~ l~:s~;i~l~5lo&s :\SI) l,IJll'l ,\'l-loJ.5 ,\\I> 51'1.;(:1I:l(: :\sS1'Ij,.\N(:l-:S ~\l~l~~ol~l~l~~l~ IjY 'l.lIlS ~;~',~l~.\~'l'l~;l~~. lI*. 1;01: \\;I511 ~\l)i)l'l'l l'lll*; (;o\ll'.\&i' l.*Ol~ l~'~'lt'l~lll~:I{ lxl*'oi~~~:\'l'lo~ ,\s '1'0 'l'lll~: ~\\'\ll,~\l~ll,l'l~Y \SI) '1'111~: I 1.1 \~~[~,l'~'). ()1{ ,\s%[ li \k(:la;s ()'~'~~~'~~~ '1'11 \x \5 ~~~)h!'l'~\~~~'~l) l~~'~~~~':l~, !'l,l*:\.~l': (.(J\ GUARANTEE C-619 343 -- LlAHlI,IlY $ 6,000.00 KO."- FEE $ 60.00 SAFECO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES CALIFORNIA COASTAL CO~PfISSION hereir~ called the Assured, against actual loss not exceeding the liabilily amount stated above which the A shall sustain by reason ot any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the. Assured because of reliance upon the assurances herein set forth, but in no eyent shall the Company's liability exceed the liability amount set forth above. Dated : March 27, 1981 &-%& Sccrctory \>..+\. "'\',\,* " f.'.. .. -... - k .* = .<\ .- **.t7 1,: -" .\5 3 r: 4 ,ph, -.. .. ... . '.. <- '! '!I .: 8- : $%,;, r,. Tt, 7 [: !: : I I^ ,:*:, ' . 2 '4 ' ,, : :' / '03:\ *. . i. .J:J ii, ;I r, 1'4 ih'' :,; I. " I ; u': '1 .A . * .'I :: ,' < .. .* '. . 6 ** '! ,P ..** - ._ .* ", I 7 ..- - + 2. 'I,, 1 *...,.,,." 6 1, Ct. l,,,; ,I ! i n F X "..:? '\.: \.,,.\x, - W#$ P1 An Authorized Signature CLTA C~~nran~e~ Fnre Pam I Rev 6-8-71 ) e 0 ,I SCHEDULE A KO C-619343 .. The assurances referred to on the face page are: That, accortlinC to thosc p~hlic records whic.11, rlntlcr the rwortlitl:: laws. itn1l;Irt cmlstruc,tive notice of matters relating to the interest. it ally, which was BEN V. COSTANTINO AND JOAN C. COSTANTINO, husband and wife as community property. pursuant to a in and to the land described as follows: Lot 17 of Tierra del Oro, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954. EXCEPTING therefrom that portion now or heretofore lying below the mean high tide line of the Pacific Ocean. Only the following matters appear in such records suhsequent to Grant Deed of Record - March 10, 1977 ". . - 1. A Full Reconveyance recorded June 5, 1978 as File No. 78-231439. 2. A Agreement Imposing Restrictions On Real Property, recorded December 31, 1980 as File No. 80-440268. 3. A Irrevocable Offer To Dedicate, recorded February 10, 1981 as File NO. 81-041445. .. I. -. This Guuruutcc tlocs 1101 cover: 1. Taxes. assessments and matters related thereto. ' 2. Instruments, prorcedings or other matters which do not specifically describe said land. CHAIN OF TITLE GUARANTEE CLTA Guarantee Form No. 6 (Rev. 9-12-68) P-238 (G S ) -0 , /'..!-; ,ATt'" .""-""~ '/ " . -:." "" @ ( ':94 "e --- 81-043 - ,\ fit- O el> S&~~ + i / ksz CyPL I! !I I1 I; ;evJJrn Crlqiad IC 5.~5 f F!Lc,f;,,A.<:? ''7 (4. ; c-y 1 ... .. - :, . , . " REC,'7Era -. -. 11 !j E.: 2 4ecotain5 F.~.;LCS~.EC! 3y: -,,>: c: ;.L ;:tiIT E' 11 c2,i~or~~~ Coastal cmzissicn ,. FEB 10 io. 35 f,/{ '. Lb ? I1 L ,; state cf califorr.ia 9 11 631 Eokvard Street, 4ck ylcor -c1 u, .;, I . I/ Sa,?. Franclcz, C;lifcr;=ia 94=35 3 !I -4 ' OFFlCll,L ZIIZ~RDS AH DIECC cL.~NTY, CA, .VERA 1. LYLE &A8 : RECORDER 4; - 2 Is84 i 6 1 Ii?RF;CCABLE OFFER TO CZ3T'ckTZ 87! I. hTEFEAS, (I) &fi fi &?L+dn/,nC i J'Yltf L; (03 &7Ajac . 8 ! ,=he record. o.G.er(s) , tsreinafter referred to as "ctmer (s) " , 05 the re .3 11 proer",y located st (2) 52704f cd/TCC Dc' f orcj, &q//!&&( -fdm i ic 1 - 11 I California, leqdly described as partizalzrly e?:", forth in attacked ! i 1% =:hibit A hereby izcorprated by reference, 2nd hereinafter reffrred HL 1; 1 IT. hi-iZFSAS, the Cslifcrnia Coasc-a1 Comlssion, (3ai &m D/ef pi ils&ject ?rossrt.y" ; acs 15 i Cazst Regional Ccmission, herehefter referred to as "the Codssiol 191 =v* \Frzm, pu=suant to tk California CG2St3.i Act of 1976, tke '" i 21 j J 33ccoo E,. &. s,J?g/c*Lm4 /Y,'&4ni4 6.GC4' AJr/nCH.C $ 9 22 ii * 4 6- bGCdfl4 6r.ccd&"2 /d c 23 I/ or; cke sc.b ject Gro,-erty; and Jj 16 18% in tks lands soaxar3 cf the nean high tiee Line: end IIi, 'XiEFZAS, the Pecple of the State of Caiir'crzia have 2. legal i 17 acting on behalf of the People of the State of California: and 1 en 11 a+iec! t.o the C&nissior. for a coastal develoone-rlt permit for (4!& 24 \ v- XEIERS, a coastal develogment permit no. (5)f q.05 was g: 25 1 (6) DFrLpasbr 19 .. " I!& , by the Comdssion in accl I 3 . .-. 2s 11 ths >rovfsioas sf tyiP Stafi 3kcomr;e-dation 2nd Findiws (7) ". Exhibit 27 i // I t 5C? 11 COL'RT ?&PF% w4-r 0- cA-,raarlr I: 5,~ 3:~ ,rtv *f:. I-.'. ' : I a( 1495 @ I' / I 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 ' 21 22 23 24 25 26 27 COURT P.\PEQ 8TATE Ot :\.:?OR1111 $TU 1 13 6 qLY 3 '21 OL' . I I I 1 I I I i I/ // I I I I I I I I I attHchrd hereto and hereb- incorporated by reference, subject to the fDllDt concl.;.tion: (3) - That pwokro transmittal of the permit, the permittee shali" - record the following restriction against the subject proFcrty: Pennittee agrees to irrevocably offer to dedicate to a public agency or private associatian approved by the Executive Pirector, 1 of the San Diego Coast Regional Commission or its successor in ~ interest, a.n easement for public access and recreaticn on that portion of the pemittee's property seaward of the toe cf the bluff. This easement shall be free of prior liens an2 encun- brances except for tex liens. In no case shall this easement be construed to allow the public to climb upon the bluff or to , use that portion of the permittee's property easterly of the toe of the bluff. The irrevocable offer shall be binding on the perinittee's successors in interest and any subsequent .purchasers of any portion of the real property. " VI. ~XEZEAE, the subjact FroTerty is a parcel located betveen the fixst p5lic road and the shoreline; .ad VI=. WHZREils, mder the Folicics of Sections 30210 through 30212 of the California Coastal Act of 1976, public access to the shoreline and aloilg the coast is tcl be maximized, and in all new development projects locate6 t. .. jetween :\e first public road and the shorelh-e shall be provized; and VIII. WHEELS, the CcriDnission foucd that but for the imposition of the abc con<icion, the pr~ps3:8 devl-.losmeu: cci~ld rxi be Z0ui-Z c~~~s;s~PI','L with Lhe puSli= access policies of Section 3C210 through 30212 of the Califcrnis Coastal Act of 1976 and that therefore in the absence of such a condition, a ?eznit could not be have Seen granted; // // // -2- .. '$ I/ ' ai e. /I . 1456 I I/ NOW T?EEFG.CE, in consideration of the granting of pernit no. 2 ( 9 IF 93'5 to the owner(s) by che Commission, the owner(s1 hereby /i -- to dedicace to the ?ecjple of California an easement in peqetuity for 4 purposes of (10) PAL c 4/i?FSI &,[.' f/[)fl&, d ,-/, 5 " 6- 317 '- * located on tFle subject property (11) " - 5&i?cu/Rn/' 07f 4.L. 4-e '74 414 A* and as s9ecifically set forth by attached Exhibit C (15) hereby into # This offer of dedication shall be irrevoca5le for a period of 12 ,me (21) years, measured foward fron the date.of recordatim, and shs 13 !binding upon *he owner(s), their heirs, assigns, or successors in iaz 14 1,the subject property eescribed &cve. The People - cf the State of Cal I' 15 i shall accept, this offer thrcugh the (13) 16 the local government in whose jurisdiction the scbject poperty lies, i /x? n$Zflc& 17 a p&lic agancy or a private association ,acceptable to the Executive il 18i of the Commissicn or its successor in interest. 19 20 ,I // // 21 'I ! // 22 /i 23 // I 24 !I // 1 25 li // I 26 I // 27 jl// COURT F4PbR /I ST? 113 ,ncv. a.72. 6tl.ZL UV CAL.?OI'+14 il e-? . ll -3- I, '. I*, .( 149'i. , 1. 1 AcceFtznce of tf.5 offer is suhject to a covenent which runs with the 2 4 it but musc instead offer the easement to other public agencies or private 3 land, providing that the first offeree to acceot the easement may not &ando Executed on this 26h day of January , 19*l , in the City 8 heirs, an6 assigns. 7 once made shall run with the lanc? and shall be biding on the ohners, their 6 Curation of the term of the origina.1 offer to dedicate. The grext of easems 5 associatims acceptabie to the Executive Elrector of the_ Commission for ths' , .3 , county of Los Angeles " .. .. lo I 11 Dated : " Signed J c ,~~~.~~~// (OWNER 1 12 13 14 15 26 17 "_ . STATE OF CALIFORNIA e BEN v. C~NSTANTINO ,(I ;' ; ciu i / &+- f J-6 .* u ./ , : I/~oAN c. CdSTAdNO OWNER a 18 COUNTY OF LOS ANGELES 19 21 and for said State, personally appeared ***BEN V COSTANTINO AND JOAN C 20 On January 26, 1981 , before the w.dersigne3, a Not-lry FuSlic .. .~ . . . .. . 2zl . -***** , whose name(s) are subsczibe2 to the ._ . .. within instrument, and acknowicdge that they exeected L\c same. 23 24 25 2e 27 COURT PAPtW ?TLTC cc CA11r0*114 STD. I13 19EV. 0.7Zl // 1 :: I ~dtary ?qi% in anc for said County and ~ MARY LOU IMAN WQTM WBUC - CALIFORNIA Los AmuL8 mum R1INCWAL bmCC IN I NY Commission WmJune7,1984 1 Mar4 LOU Iman - C.. ll -4- - - .. .."" .-.. - -.-._-. - .".. -. " .( . . 1 2 3 4 5 6 7 8 'I I I > (e' 1-4 9 8 a ThFs is to cezify ti%-t the offer or' Cedication set forth ahow 5ih?"T 26,. 19 81 , ad signed by& #t +&A i IL Toad c, hrn&AkflD - , owner (s) , is hereby achowledged by ' undersigned officer on Sehalf of the California Coastal CoKmiSSiOn p' tc authority conferred by the Califorzia Coastal Commission when it l ~ Coastel Development Pernit No. f 750 5 on 1 I ' Califortlia Coastal Commission consents to recordation thereof by its ~ authorized officer. /. ' I 9 11 LZ I I.r2 I I 11 13 ,14 15 16 17 18 I.g 1 21 '* I I Bate3 : u M .3?, /?a / eYAJwA I( w f9Y,A(. .a California Coastal Coxnnission STATE OF C;ISIPORNIA CObXTY OF SAN FRANCISCO On T~/J a, /w/ , befcra t3e undersigned, a Notary F and for said State, personally zggszzed ' AdnQ knawn to me to be the &Ap /;7,<Af+ of the Califonia Coastal Commission and known to me to be the persc executed the within instrment on behalf of said Commission, and ad to me that such Conmission executed the same. Witness my had ad official seal. 1 I I FAY THOMAS 24 I I CITY AND COUNTY OF, 25 I SAN FRANCISCO ! My Commission Expires Dec. 14, 1984 261 4 I- . .- .. x, 1. - .- 27 COURT PAPER Sro 1\3 IWLI d.721 ETCTL or CAL:?CIINIA n.r I 1 I -5- .. " . . ". . - -. , . -. -. . . . , . . " r .. ;-hTi 3: '-Aii!'<%dl/ -<A[t:W!d!A CfrP.STAl ((I)/ . .iS 15GO i) ""."""__ _. "". .___ ""."" - ---_ """ E3AUN3 G. 5;.G\'+N ;s . c - -. - - - - - . - - - - - - - . - "_ - - - - " - - - - . " - -. . - ."_ .- "" :"-z."z I -s!-lr= -. $& !.J...a;4J CS&f i." '"? ,:. ,- : i,, *I ,.-c cry,. -I 8 9 $I<ft.-G>'; >b.-.d;....~. CQ:rds.re,.a\a% L):-* i.'tln;irK &'l:?zi;E q;Ua, x:r< 212 Q Ed/&- fh s.&'; &?':LL!, Q,c:criiu;i 32126- Ei (71 q 2zs5??2 F~COIWEi4DZ~TrON At33 TIN3TX.u'SS """" " . 5 COi.:TR3;, Kc) : F9505 APF'L:CAII';': Ben V, and Jcxr: C. Corstantiao 2806 Pinelaw) Drivz La Crescmta, Cli 92174 LWT PAY FC.2 DATE 01'" PUBLIC AC'1"ICF: : December 23, lEEO €:CACIT;S: DeceiTLSer 5, 1999 VGTE ?.TQ!IIX.? : Majority of COITZI~SS~CR menlbexs pre.sent at meeting vi.tP. & q Eezessary zcr actlo.? ('i com.jssioners ccnszitutc a guoxmj C!S!.I;.!IEsI,c>Ii?RS -\~~~~~~ AT PL'ELlC Y2ARI::G : Eckert, Francis, GalScson, Gotch (portion of hcarinT), Ikdgecock CTrnRS wiI.3 SPOKE OR OTHERS SUBXITTING WRITTEN ' psSISTf?&.3 ~CI SZE.m C3>lT4iSJTS AT OR PRI9,h TO AT PUBLIC IIE;.RIf!G: .. PuEjLIC IIZAXINC; : Anne Omsted & Joan Jackson (Sierra Club) PROJECT WKATi 03 : 5009 Tierra del Ore, ne= Carlsbad Blvd./Canzon RGzd - intersectLon, Carlsfjarl (APN 210-020-171 PEOJECT DESCRIPTICN : .. Construction of a 3,600 sq. ft. single-family residence, (includes basemcIlt and garage) on a vacant beachfront lot Lot area Building coverage Paved are>. covcra.qa Lan6scape coverage & cobhly heach Parking Zoning General plan Project density Hg t . abv. svg . grak 33,400 sq.ft. 2,652 sq.5t. (20%) 600 sa.ft.( 3%) 10,142 sq.ft. (76%) 2 R-1 Low-mcd. Residential . 0-4 du/ac ' 3.25 du/ac 20' /' .- - Zi!3DiTi3W!L SUBSTANTI'JE FIIE DI)CUNE?JJTS: Letter fron Siang Tzn, Div. Mines a~:d. Ceolpgy. I, z 8 -2-J "- "" """""" -.. RECCI~~.~I:ML~~rIC):: : - . ".-, .. - __.. . . st;=ff rcco;lt?lnnd3 that th;: Sar Ijfcqo Cor?s'i Reqiorial "Pmissi0.l ISSUY a dcvd.ornncl~?: pemi t. foc t::e prq:o.c.;ed prcjis'ct mbject ~O.@II- follpwing special. coaStions: 12-12-8 ... fSp~ci:i'll Conditions co1;tj :~wd next page) TH ; an\ .. a> 0 m ‘! ( Recormendation and Findings F3505 Page 2 1501 “”_”” SPECYAL C3YGl “IOXS : 1. (a) - That pricr to transmittal of the pennit, the permittee shall record the following-restriction against the subject property Fermi.ttee agrees to irrevocably offer to dedicate to a public agency cr 2ri::zt.e associati.on approved by the Ex?.r’utivc D:.~-cc Of the Ssn Diago Coast Regional Cormnissiorl or its successof i interest, an easemernt for public access and recreation on tl-~~ pcrtion of the pernittee‘s property seaward of the toe of =:.le bluff. This ezsemcnt shall be free of prior liens an& exxxo.- LLLL~S ar;cepL fGr ~CIX iirlls. In 110 case snail this sasement he construed to allow the pEblic to climb upon the bluff 01- t use that portion of the permittee’s property easterly of the t.oe of the bluff. The irrevocable offer shall be bi’nding on the permittee’s success3rs ir? interest and any subseqzent purchasers of any portion of the real property. (bj - “Prior to the transmittal of a coastal developnent permit, th applicant‘shall submit to the Executive Director a tied re- ,. ’. striction for recording, free of prior liens except for tax liens, thtt binds the applicant my any successors in inter-es The form a?d content of the dezd restriction shall SE scSject to the review and approval of the Executive Director. Tne dsed‘ restriction shal!. .I-rovide (a) that the applicants under- stand that the site may 6CsUbject to extraordinary hszard from erosion and lwdsiiaes caused by waves from storms, an2 the applicants sssune the liability frcm those hazards; (b) the applicants anccnditionally waive any claim of liability on the part of the Commission of any ottier regulatory agency . for any damage fron such hazards; and (c) the applicants undc stand that construction in the face of these probable hazard: snake them ineligible for public disaster funds or loans for repeir, rsp:.acenent, or rehabilitation of the property ii the event of ‘sKonns 2nd landslides. (c) - That prior to transmittzl of a building pemtit fron the City of CarlsLad, the applicant shall have the building plans for the proposed project (including a foundation plnnj reviewed by the Division of Mines and Geology. This OffiCiai COm’rEnt frorfl the Division of Mines and Geology Shall be Scbnlitted with the tuildicg permit application for Subsequent zeview b- the City of Carlsbad Building Department. -3- - ./ Recomnendation and Findings F'3505 Page 3 15J2 a ,* FlNDINGS : "" 1. Conformity vitk the Provisions of Chapter 3 of the c:Aliforpic Coa,ctRl Act of 1976 - Section 3iyG4(a) of the California Coastal Act of 1976 requires that the Regional Commission find, prior to issuance of a pernit, that the pro- posed developmerit is consistent with the provisions of Chapter 3 of the Coas+-al Act. The Commission finds that this proposed development, as conditioned, is consistent with the Chapter 3 policies. Additional consistency finds are made below. "- A, Public Access - The Coastal Act statrs: . Sectior! 30210 - In carrying out the requirement of Section 4 of the Article X of the California Constitution, maximum access, which shall be conspicuousiy posted, and recraation opportunities shall be pr-o- . vided for all the paople consistent with public safety needs and the' need to prp'tect public rights, rights of private property owners, and . natural resource areas front overuse. Section 30211 - DeVdOFXIent shall not interfere with the public's right of access to the sea where acquired thrcugh use, custom, or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of ter- restial vegetaion. Eccticz 30212 - 2uXic access fro= the nearest public rc;ii!way to the shoreline and along the coast shall be provided in new development project; excep% where (1) it is inconsistent with public safety, military security rreeds, or tfio protecticn of fxagile coastal re- sources, (2) ~dcgrjate accesz exist.s nearby, or (3) agriculture would be adversely affected. Dedicated accessway shall'not be required to be opened to pubifc use until a public agency or private association agrees to acdcpt responsibility for maintenance aEd liability of t.he accessway.. kn existing path on the subject site suggested that project site mag have heen' :sed by the pxfjlic for vertical access to the beach from Tierrs d2l Cro. The -.. scbjee: propcrry and tnc vacailt lot to the south arc both fenced off from Tier-ra del Oro on the biuff top. -3- '. Racckmcndatior:2 and Tinding( 0 : ; &os - Page 4 lSb3 e The ap'licant has stated that L!le path has not been used recently by the puk and that the existing path has resulted primarily fro3 pri.vate use . ACCCS to the jeach fron Carlsbad Blvd. is lzcatc!d a;J.,:r;jx.iiwLtc:!.y L5C fcct to ?Iflc- 7;'~ The Comrrissicn finds that aFproval cf prc,posed p-oject is not e,:pected ta in Vertical ptiblii: access to the beach dr;c to the nearby public access to the r Spezial coniition 1 (a), which req1Jirfs the public decication of the beach ax (west of the tGe of the bluff) , would ensure that lateral public access woul be rmintained. Thus, %he Comission finds that proposed project, as condit: is consistent. wit.f.1 Seccions 3G212, 3;23 l, a~d 3i!%12 which detail the mainter of public iCCf5S to the sl.1.jx;.linz. .. .. ." . F,. 2?.?i.i??? In,. C:avsI.@yrr?n'i azd Al.t.cr&tion of J,andforms. - Section 30251 I - "_ " tire C0ask.i A.zt Ste.l-.ES: " The scenic and visual qualities of coasts1 areas shall be . considered and protected as a Xesarce of public importance. Permitted deveiopent shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min!.nize the alteration of natural land forms,'to be visually compatible with the character of SUrrOUAdirlg areas, in vi~uaLly degrac?ed areas. s and, where feasible, to restore and enhance visual quality On residxtial dEVelopReIIts a1or.g the coastline, the Cemmission considers tl aricntation of' a pxopqsed structure in relation to existing dwellj.nqs on eii side. The propas& residence is se-t back far en3ur;h to conforn with the ex: ing string line. The prcposec! project will require,a "cut" into the slope of approximately 31 cubic yards. The bluff in this area was used as a amp area for the old hic some years ago. The Comission finds that the "cut",wfiich is minor in scalc would involve renoval of previous fill material, would not rapresent altera' of a natural 'land form. - Thus, the Cossxi.ssi@n fines tha5 tfia pr~2osed project is consistent with Sec: 30251 of the Act, since the hcuse is set: hack far enough to'conform with thc stringline and no signifj cazt nl.te~:aiion of a land fo,m will occur. C. - Hazard from ICatre ?!t.tack - Section 30253 of the Coastal Act states: """ "New development shall: 41) Minimize risks to life 2nd property in areas of high geologic, flood, arid fire hazard; (2) Assure stabil sI-id strucrural integrity, and neither create nor contribute signif, to erosion, geologic instability, or destruction of the site or su: rounding area or in any way require the const~-uction cf protective devices that would substantially alter natural landforms along blu and clif is: The applicant: suhzitted a geology report, which states the following in ref to hazards from erosion: -4- , 0 (, Recclnmenda tion and Findings F9505 Page 5 . 1504 * ,. "It is believed that the house is located far enmgh from the beach and toe of the slope that erosion will not prsscnt a problem. It is assumed that the neighbors would cocpcrara to line the toe of the slope with rip-rap should the front change for the worse in the future.'' Dce to the extensive erosion that has occurred to the beach profile in the recent past, and because residents to the south hwe deemed it necessary to iR- stall and repair rip-rap,. staff seeked additional input from the Division of Minns ard. Geolccjy regarding any hazards from erosion resulting from wave attxk. Mr. S?srA; S. Tm, fro31 the Santa A??a office of the Division ol' Xi zes and Gcolq;., visitei the sitc on December 8, 1980 (letter attached). He states that the site and adjacent areas appear to have a history of increased wave erosion. The mean high tide line has moved inland approximately 100 feet since 1933. He further indicates that if no protective devices are installed, the anticipated amount ~f wave erosion should be considered in the engineering design of the proposed dwelling. Condition l(c) requires the zpplicant to have the foundation plans reviewed and c@m.-?ntcd on by the Givision of Mines and Geology, prior to SubgliiLting an asplica' With the City Of C3XlSbed for a bu.i.1ding permit. The Division of Mines and Geolo( has requested additional information needed j.r, order to complete a geotechnical il VeStigatiOn of the-proposed site. It is thus suggested that the applicant submit a 5JeOtCChliCal report (in addition to revised foundation plans) which indicates', . bGt not liaitei to, the following: 2 :.I) An accurate topographic map of the site with cross-section(s). (2) 3 slope stability analysis of the sea bluff based on results of a shear (3) Calculation of the rate of sea wave erosion or anticipated amount of test of saturated (soaked) native material remolded to native conditions erosion during the life span of the proposed building. I-.& 1A.C 2Xmission finds that this conditior? wj.11 help ensure that the Carlsbad Build DsI:ari:IsiiC has received ample information znd recommendations needed for their revi.ew of the proposed project. In a4ditim the Commission finds that condition 1 (b) , a waiver of liability, will ensure that the applicant is aware of possib1.c hazzrda and that the Conrmissj wiil not Se held respor;sibl.c for any . future .- disastcrs. The Commission finds that the proposed project, as conditiond, is consistent wit1 Section 30253 of the Act, which requires the Comnission to minimize risks to life and property, and to assure stabilit.1 and structnral integrity of any. new devc1op:c::nt. 2. Preparation of Local_Coastal Program - Section 30604(a) also requires thdt a coastal developmc?nt permit shall. Le issued only if the Regional Corn;:?issiol finds that tlrc permitted development will not pr-ejudice the ability of thc local govcrnrnent to prepare cl local coastal Frogram (LCP) in confor-ni.t>l with tiic pro- visions of ChaFter 3 of tile Coastal. Act. Construction of a single-family rcsi- denco in this area OL Carlsbad will not prejudice & adoption of the Cclr] sba6 , . *x .( - < . Recomnendation and Findings F9505 Page 6 e 1505 3. Feasible Alternative or Mitigation Measures - Under the terms,of th Cali-fornia Environmental Quality Act, the Commission must review any feasihl alternatives or mitigation measures which would avoid any potentially signif cant adverse environmental impacts associated with development, With the attached special condiLions, the proposed project will not create any substa impacts on the environment. Therefore, no additional alternatives or mitig2 - measures are proposed. ?JOTS ''IO /-??LTCt?.YTI' " . !2,3 CT,= ETE..3ST3 PE?ST.:S: Color s'lices pertaking to this croject.nay be shovm tc the Coxiss the cf the €'k.-d Vote. Those ~kdxin,? to see these SEdes, as wen as ot matclial received pursuant to- this ap@cation, are welcom to do SO at t &,mnission*s ofr'ices prior to tine day of the Comission meeting. DPGRTAK" : All '&peds of Regional Comission decisions must be received Fn f Commission office not later tha 10 v:or?zhg. dsys fmi5 'thc date of thc Reg C,omission1s decision. Appeal €oms arc avaikkle at the Fcgional Cnzz5: - 6- . p,'fC)XYEN3AT;O>J & FIliDIXGS PAk I 7 .-( - I" 9505 '. 1Siii.5 0. i. - IGOTICE to Ai-TI,IZ.';IJTS : All psrmits granted by the San Diego Coast Regional Commission are subject to the following sta.ndarCi terms and conditions and standard provisions : A. STA?IDARD TI3XYS .riND C3NDITTOl'X: 1. That the applicant agrees to adhere strictly to the current pla3ns for the prpject as approved by the -Regional Commission. 2. That the applizant agrees to notify the Regional Commission (or State Com;rtission if there is no Regional Commission) of any changes in the project . 3. That tf;e applicant will met all the local cock requirencnts and ardinsnces c?nd obtai:: all necessary permits from State and Federal Agencies. 4, That the applicant screes to conform to the permit ru1.e~ and regula- tions of the CaliforRia Coastal Ccmission. 5. That the applicant agrees that the Condssion staff may make site inspections of the project dwing construction and upon completion. Tern?s 2nd Conditions are to run with the land, These terms and condi- tions shall be Ferpetual and it is the intention of the parties to bind all fhture owners and possessors of the subject property to said terms and conditions. 8. STANDARD PROVISIONS : 1. STRICT COb'SLIANCE: Permittee is under oblicjation to COiIform Etrictly to perrriit under penalties established by California Coastal Act of 1976. 2. TItliELY DEVELOPMEN?' "- AND CCMPLETION: Pe-mittee s~l~~~n~e~~ep- merit within two veaa fol1cwi.u final arprou of the project .by the San Djego fiPglc?nal'Cbmmission. Construction shall be pursued in a diligent manner and completed within a reasonable period of time. - """ . "" 3. r2QUEST FOR FXTENSIORS: Permittee may request an extension of time for tkc- commencexsnt of cscstruction provided the request is q2Lied for prior to expiration of the Fernit- - 4. ASSIGNABILITY OF PRRMTT: This permit is notassiqnahle unless the per- mittee's obligations under the permit are assumed by assignee in vriting with: oncyc-ar and a copy of the required assumption agrcemcnt delivered to thc Regio Commission or State Commission if there is no Regional Cornrnission. 5. APPEAL - Unless appealed to the State Commission within tcn (13) worki * days following final action hy the San Diego Coast Regional- Cornmission, all tc and tonoitions shs1.l bc final. 6. D1SCIAJMT:H: The permit is in no way intcndcd to affect the riqflts and Ohliga2iGr;s hcrtltofore cxistirlq under private agrcemcnts nor to affkct the Cy-! ing regulations of othcr public bodies. " " p~I:t~ITT~T: TO ~YTIJPN .COPY: This permit SII;?II not bc valid unless with 1.''. . ten (1.0) wol-k,irrcf ,l,ly[; !,~tnlittr:f~ r-c,turns a signcd cop\' ctckn~wI~d(ji.r;g. cciitsI:t:> -.- 7. ."~ -.""" ,' I San ni.c.c_lo Cclant JWqioIial (hmniss ion. .. \ - -7- .. " ' .. I\ *i IS07 e S-?clEbOf C2llfC)RVIA --THE PELOUPCES AGFNCY i:li'hXlMfNT OF CCSSCRVATIOt4 -, - -. - " . " . ~"~ ,- EDMUND C. 6RC - -~ " - ._" ~. - " DiVlZiCf.! OF I:'tINES P,ND GEOLQSY /r ii)S ANSELES CiSTRICT OFFICE 107 SSUTX BROAC'aVAY, ROOM 1065 ' 10s AN;ELES, CA WG:? (Phonr '113-620~3560) From: Siang S. Tan 28 Civic Center Plaza, Room 64 santa Ana, cn. 92701 Phone: (71.4) 558-4187 ATSS: 657-4167 r. ..) @$ <,,Y i L' '~ I ,,' J . / .j '# :. :\,: L. J ',. - \.i-'i 1 December 9, 1980 .. ' . C!.J\l. g$ GO?! lii Mr. Ti1Oilt;tS Iiuf flxan San Dieso Coast Regional Comnission 6154 Mission Gorse Road, Suite 220 San Diego, California 32120 Subject: Control No. F9505, Proposed Dwelling at 5009 Tierra del Oro Street, Carlsbad, CA. . Dear Mr. Huf fman: Pur'suant to our phone conversation and your rcques-:: for c .cevFetJ of the a.f?cve_ spplicaticn, I visited the site a;:d surroundings on December 8, 1980 and have the following comments : - ' To complete our'geotechnical evaluation of the site, morc specific and detailed information are needed, among othel (1) an accurate topographic map of the site with cross- section(s); (2) e slope stability analysis of the sea bluff based on results of shezr test of saturated (soaked) native material or renolded to nztive condition: (3) rate of sea wave erosion or anticipated amount of erosion during the lifespan of the proposed building. It seems that the site arid adjacent areas have a history of increased wave erosion. Based on or,e of the maps in- cluded in ycur "project :;Uirmary8' report of December 1, 1980, the mean high tide line in 1978 seems to have rnovec approxiamtely 1.00 feet inland from the mean high tidelint position in 1953 or 25 years earlier. A landward shift of the high tide line in the amount of 100 feet within a period of 25 years is a very significant rate of shoreli: erosion. During my recent visit, tilcrC seemed to be indications that the toe of the unprotected seabluff at the site may be located about 10 to 15 feet more inland than the position of the adjacent porLion of the sea blu which is protected by rip rap r-cvetwcnts constructed abo ;U years ago. This conditim may also be indicative of .( .. 1508 e, .I To: T. Huffman; From: S. Tan; 12/9/80 ; P2 _. significant wave erosion at the site. IC no protective device is proposed for the site, the antizipated amount of wave erosioi.1 should therefore be seriously considered in the engineering design of the proposed dwelling. The Sluff face in the area which consists of terrace deposits shows sone water seepage which has an adverse efi’ect on the stability of the slope and shoull therefore be considerec? in the stability anzlysis of the bluff. CONCL?J S ION : To cclmplete our evaiuation of the geotechnical aspects of the proposed dwelling, an accurate topographic map and cross-section of the site, a slope stability analysis of saturated nati.ve material (in native soils condition), and the anticipated amount of wave erosion during the lifespan of the proposed building are necessary in order to recom- mend proper geotechnical design criteria for the foundation and other engineering aspects of the proposed dwelling. If you have any further questions, please contact ma at our Santa Ana off.ice. Sincerely, , s;, 5 .T& Siang S. Tan GeoLogist APPRWED : Zmes lp.?lavis, State Geolcgist SST:JL”D:bb cc: Perry Y. kmimoto Cliff €3. Gray, Jr. .- I. 1. 1. 'i mi ,. a IS09 - ""_"" I<r<'IT'J'z:J ~GYl\:;:'!*:> '*or:!l 1": q 50s q' 'E cy I'~SJ,IC l;i.:?,Rrrx: \ & - 5 - % 0 APi"LIC,l'LjC)?! COI~'I'iX3L 1, A - *_ "- 0 2 PLANt?l!<C i:.qTTER i,!; j:'(>!:[.i Js I:\']'F:~.~~;~'~ FCI: USE: BY TIIOSX ?.'!la AT'i'EI.!i> j, F'L'CLIC 1li:API;IZ IrND :\!?E lJ:!~~il??, ? !.iIS!I rs3 SP!,:.G. i$Y COI:PI.,C'I'JI?C; X?D SUS:.i;TTIh'C; ?i!IS F'@T\i4 hT TIIE TlTX OF 'l'l!K lY! J ,?.?X? ~~~?'~'.~~r,i~;~~~~!~~~ YOG3 ELIGIUILITY FOR S?E?iKIXG 0r.i 'i'!ilS L.;.?il'i?:?t Til' 'Yl:S 'Y?>.li: Ol* i'I3 AN? k'(:).? ;,T~X~.,IHC 'l'iic I'\L'(;IO!<'nL C9i&'TA!, CC':.!?,I?-SSiON'S IXCISIOEJ 0:J 'I'jI? S I*!5LT,i: 7' :.!:.;.TS.C:13;:. CC?II:,:S OF YOUR Cor2!c:!i.S b;JiJ, EX FHWID;:D TO TliX CO~2~lI~ST0>!i~l<S P2LCl: ZY VCTZ (LIXLESS T!fC KZY.llSST@lJ VOTES GN TI!Z Si'.!,!E I)AY AS THIS I.'C!FX IS T:.:.;I:I,$TT?i.:D ?:A i*i i: : 0-3 1 '? v\-\L9a, - ADDRESS : \3v5 RdL4 R&k% h . uL- g=e- A "\3-=Lsa-.t Y- .29 * AW 06 PIIONT: NU~IKR:. Area COBC T?\y) 75 3 - b57 0 7 3-7 # 3 &lo I ETRESENTING: " CLJK jGrou2 cj: Self) .. LEASE I!?DICTjTk RLLOli Wiiy YOU SUPPORT *1 OR OPPOSE y\ " TSIS YL\? IIEiLT. GIVE Th'i: FC)fU.: 'TO' A C@?~PliSSICN Sl'IS'F I4EXIER. , -.%a -e YL" &4 6C-J .p : a3a-kk A% ," ab -\& . IJ&&L 0-Y Y -4&&+\w+" 303\'0 ,-oa\\ 3ao\a a' 309-53 $-ixG b").&- $.&=" .. pdL A bT .. * LL-& -= "F &%,pk2 - &% .FA b 4 '. . SuRMITl'ED AT SDCRC Pu1 li EA 111 N C;: 12. so.& - - " lMe 0 0 t k 0 -u 9189 ae 255867 'b N ."- ". .. I. , i " ,. . ! .:'. .. " .. .. . .. . . I.. -. .. ._ . . .. Recording Requested by and When Recorded Mail To: Y?rg, !G&&. -.!:.. it::! - 6 :;+ ; r I ; j : .. ".\- 1.: :, City Clerk City of Carlsbad k;;" .. .. ; . . . : . ; . , . . 1200 Elm Ave. Carlsbad, CA 92008 . . : :..;:.; :. .. .. " . CERTIFICATE OF ACCEPTANCE This is to certify that the City of Carlsbad hereby accepts the Offer to Dedicate for Permit No. F-9505 Executed by: Ben V. Constantino and Joan C. Constantino on January 26 , 19z and recorded on February 10, 1981 As Instrument No. 81-041445 of the Official Records in the Office of the Recorder of San Diego County. May 26, 1988 BY dQa% 2 RA AELTHA L. RAUTENKWIZ, City ICler; Dated For The City of Carlsbad I STATE OF CALIFORNIA 1 COUNTY OF 1 15s On May 26, 1988 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz 9 /x/ personally known to me / / p-wed to me on the basis c~f satisfactory evidencc to be the person(s) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me that thc corporation/agency executed it. * ******************1*~**8****8* * OFFICIAL. sC.6~ * * KAREN R. KUNBTZ 8 * NOTARY PUBLIC-CALIFWNIA 3 * ********+*****k******t.+*+t*** SAH DIEGO COUNW * MY Comm. Ex). *I. 27. 1989 t Notgfy Publidin pld for%)Said CoTnty and State - . -_ - .". . '. a.tlCQR 'TlfCG I@!!YF?ANCG . 1, *# h ' 3' " ." -. ""__ - - .- .- Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY, EXCLUSlONS In addition to the Exceptions in Schedule 6, you are not insured against loss, costs, attorneys' fees and expenses result- ing from: 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations con- cerning: . land use improvements on the land 3 Tjtle Risks: that are created, allowed or agreed to by yc that are known to you, but not to us, on tt unless they appeared in the public records . that result in no loss to you B that first affect your title after the Policy not limit the labor and material lien covera Covered Title Risks 4 Failure to pay value for your title. rn land division environmental protection 5 Lack of a right: This exclusion does.not limit the zoning coverage described . to any land outside the area specificall) in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A, or in streets. allevs or waterwavs that touch v 2 The right to take the land by condemning it, unless a no- tice of taking appears in the public records on the Policy This exclusion does not limit the access cot Date. of Covered Title Risks. .. .. SCHEDULE B -STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (E) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. .. (Dl Any water rights, claims or title to water on or under the land. & AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) I 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. , Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) renril or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimewions or location of . now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions a or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights apl records at Dote of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the tb) not known to the Company and not shown by the public records but known to the insured claimant either a1 at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage ar writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereu in no loss or damsge to the insured claimant; (dl attaching or created subsequent to Date of Policy (except to th is afforded herein as to any statutory fien for labor or material or to the extent insurance is afforded herein as 511 (:(:I invrovr!mcnts under construction or completed at Date of Policy). J t1111.1111~1 ~*.IIIIIIIv *:I III+* II+*II 481 tl~t*tlc\~rtr*qt tt1o1 III;IIIO* I:#.t..tt1*.1* 01 IillIlltg. 01 IIII* itl:,l~~lvI ;It 1).11t* c,I I'oI1l.y 01 of ;Icly (11 tt~ t~~~l~4blr!tlli*!%s 11) ~:IJ~II(I~V well\ 1~~4it:a\111. "dt:llIq IBLI~IIII:~~'' laws ul 1111: ~I,III: 11) will(:l1 IIIC I~II(J 15 Llltra[ctJ. (I xs.s:11Iiotc!; ;+11(1 I~uc.l~l..lr~~: (:1:111t1111(*tt ,,,I +~t:vl!l~,! sir\l.\ Pri*.tc:d Pol~c.y ExCe)JtlOl)S dll(l Exclusio * ntlcwcrt) 0 i. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLtCY 1073 SCHEDULE B PART f This policy does not insure against fOSs or damage, nor against costs, attorneys' fees or expenses, any or ail of which arise lIy rll, the following. 1 7,txt!5 01 ,~~!i~~~!illlt:llls Wlltdl dl(! ll<lt SiloWl~ a5 cxislltl!) III!II~ t>y Itlc rc:co~tls 01 ally laxing aulllority that IL!VII:S ~~~y~~s oI d,s,,.., 011 real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not showr1 records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspf:cm the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encum1)rances. or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lirles, shortage in area, encroachments, or any other facts which a correct survey wouI(j dl# atrd which arc not show11 I)y thc public r~!cortls. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedl or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the e to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law. Ordinance or govcrnmcntal regulation (including but not limited to building and zoning ordinances) restrictirly or rr:yu or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improve now or hereafter erected on the land, or prohibiting a separation in ownership or J reduction in the dimc?nsions or ilrcil of 11w I,II the cffcct of any violatlorr of any SIICII law, ordinatrcr? or qovcrnrlrctrtal rcyulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights aplwiir5 irr Itw 11 rccords. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured clair (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Da Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage an(] disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hcreuc (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resultlr loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value wit' knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inl: of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or rufcrrc:tl I Schedule A. """" AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE Ttw followinq Inattws arc I!X~~II~SS~~ r~xclutltxl from ttw covtrtagc of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to tpuildinq and zoninq orrlinnncns) r(*slrwI OI tlvllll,ltitlq OI ololtiOititl(1 tllv CII:I:CI~I;IIII:~. 1v.v oI vlt{~t~Intt~\t cbl tlw MI, 01 II~~III.IIIIIII ttw t:llmm:lw, ~l~t~wt~w~~~~. 01 I( t1o11 IJI .III~ IIIIIIII)VI:IIII!III IIOW 01 III!II!.I~I~!I c!tt!c:ltnl 1111 IIW ~~IIIC~. OI I~IO~~I!IIIIII~ a st!l~~;rtio~~ 111 OW~~WSIIIII OI ,I 11:011(:tto1 the tltmcnsiorrs of area of the land, or the effect of any violation of any such law, ordinance or governmental reguldtl 2. Riqhtc of cmincnt domain or rpvcrnmcrrt;d riqhts of fmliccl poww unlt:ss nolicc? of tho c!xr!rcisc of sw:h ricllttr .tl1tl~*.lt 3. Dc!fects. liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to I)y thp irw (:l;llltliltlI; (11) not known to tlw Cotn1l;lny ~IIIII not sttown by IIW 1)taIdic Ic?c:ortIr 11111 ktlcBwr1 to tllr. itl~.1ltIvl ~1.11111.111t 1.111 -11 I).III- t11 I'I)III;~ IJI .II 1111: tl,c~r! !,III;~I I:~~~II,IIII .u:tlaIitctl ,111 ~!st,ltt! OI lttta:ac\l l,y $10.; ~~4tt:v 41IIti ot>t tltrc:lt~u+tl III WI 1111111 1111: III~IIIIV~ (:t4~~~~~;~~~~ I~J 1111: (;ot~~~wty 1111111 11) I~II! I(,III! strc:lb II)WII!I~ cl.mrt,uIt IM!C.IIICI: JII iclstrtc:tl IIWI!IIIII~I!I. (1:) lc1dll ill IIO 111-x OI ~I;IIII;I~C IO ttw ilw**,v{ t:t;litlt;lt~l; ((1) ;lttm:l~ittq 01 ctv;ltt!tl c111w!(l~lrltll a I I);III) III I'I~v y. ft') IIWI~~~IIO 111 111.:. *I:saat:vp VvlatiII WSIIIIII 11111 11;tvtl 'I a~tatui~lwl it 1110 ~IIPIIIO~( t laicllactt llnal )laill .x (**I tlw eotato 1.1 illtotno1 illa(ll1111 1111a (#*.Ill '/ 1111: ~IIIlJ~IC lI!Cl)lll4 ill uilll! 01 I'OliCY. p. .+s , -c. n 18 Ed111 'rn t TICOR TIT~~SUHANC~ c, I; 11 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 30 AND 31 IN BLOCK "A" OF HAYES LAND COMPANY ADDITION TO CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDSNG TO MAP THEREOF NO. 1221, FILED IN THE OFFICE Of THE RECORDER OF SAN DIE00 COUNTY, NOVEMBER 4, 1909. w - I . D 8 f 1412? PACE A 7- -7 c. - ., .r ,?Rl , a? -4 l 0 ~ [: 4' - Thlr 18 not 8ufVW of th Imd, bu corpthd for information only. nor 1 a part of the raport or policy tO whic tt u bo attached. 5lTLt IWSUIANCt AND TRUST I Jan Dk#o, California, $1101 220 "A" 8)fro.C f . -.- - -b b .a L. p*,ir t! , : gYg, "' "o CUR TIT&€ tdSURANCe 0"' 9.1' * THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REI TO COVLREO BY THIS REPORT IS: A ?Et TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED , NANCY FAY dOHNSON, A MARRIED WOMAN ,AS HER SOLE AND SEPARATE AT THL DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTA1,NED IN SAID POLICY FOR1 1 . 'THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT 1 T,HE PROVISIONS OF CHAPTER 3,s (COWENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, 2. ANY AOVtRSE CLAW BASED UPON THE ASSERTION THAT SOME PORTIO SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRE'IED TO SUCH PORTION SO CREATED, WOULO BE AS FOLLOWS: JS COVENANTS, CONDITIONS AND RESTRIC7'IQNS IN AN INSTRUMENT ~~ECUTED BY : NANCY FAY SOHNSON RCCOROCD : JANUARY 28, 5986, RECORDER'S FILE NO, 86-0357 RESTRICTSONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE OELETEO. SUCH RfQHTS OR EASEMENTS AFFECTING THE PORTION OF SAID LAND ''hhEIN STATED, FOR PU8LIC ACCESS AND INCIOENTAL PURPOSES, AS.PR IN AN fRREVOCABLE AND PERPETUAL 0FPER.TO DEDICATE RECORDED : JANUARY 28, 1986, RECORDER'S FILE NO. 86-035770 AFFECTS : PROM THE TOE OF THE SEAWALL TO THE MEAN HIOH TXD CftVrHAhlT5, COHbSTfO?J9 AND REWR3CTlONI SI4 THL AlOVC IcC~urturu INQTRUMENT. RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIdI OR NATIONAL ORlQSN ARE DELETED. S. OtHcK MAtTCIIS?)P RECdRO WHICH Po NOT DESCRIBE SAID LAND, 8U WHZCH, If ANY EXIST, MAY AFFECT THE TITLE, THE NECESSARY SEARCH AND EXAMINATION WILL 8E CUMPLETED WHEN A STATEMENT OF INPORMATZON HAS MEN RECeIVED ?ROY : OWNER TAX FIGURk FOR : 1985-86 PARCEL NO, : 203-140-20 LAND a d.03, PAID SICWiD tN1STALLYCNt: 487.83, PAID i CODE AREA : 09000 IIRS IMPR~VOMEWIS 1NSTALLYRNI i px: qenar LI m TICOR TIT&&ISUWCE -. '8 # 1: 1' NOTE: WE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADblTION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20 .OO RECORDING FEP, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHZP IS ACCOMPANIED 8Y A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WSLL NqT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY. AN AFFIDAVIT THAT THE TRASSFEREE IS NOT A RESIDENT OF CALIFORNIA, OUR TITLE BILLING WILL BE ADJUSTED 10 REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE @ . 4 0 b Tt ' -30 PAGE s "" - __ . -1 - " I' 4 '1 ~ \ c " \ - ""_. 1."" - ""- I. ' t ur 1 ID +";' tu11 ' m L TICOR Tl'fk tNSlJMC(E .e5 / . 4 *' TXCOR TITLE INSURANCE CMPAffY 925 nBw STREET SAN DIEGO, CALIFORNIA 82101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT f EBRUARY 8, 1986 TICOR TITLE INSURANCE COMPANY OF: CALIFORNIA ATTN: JACK WORTHINGTON 333 SO. GRAND, ST€. 700 LOt ANCCLCC, 4A. $0071 YOUR REFERENCE: N28-8240521 OUR ORDER NO. : 1141230 IN RESPONSE TO THE ABOVE REFERENCED APPLICATiON FOR A POLICY OF TITL INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORT THAT IT IS PREPARE0 TO ISSUE, OR CAUSE TO BE SSSUED, AS OF THE OAT HEREOF, A POLICY OR POLSCIES OF I1TI.O INSURANCE DESCRIBXNG THE LAN AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,' INSURIN AGAINST LOSS,YHICH MAY BE SUSTAINED BY REASON Of ANY DEFECT, LIEN 0 EXCLUDED PROM COVERAQE PURSUANT TO' THE PRZNTED SCHEDULES, CONDITION! AND STIPULATIONS OF SAID POLiCY FORMS. THE PRXNTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE Of SAX1 POLICY OR PdLtCIES ARE SET FORTH ON THe ATTACHED COVER. COPIES OF THI POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICt ISSUED THIS REPORT. ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION mow OR NO' THIS REPORT, (AND ANY SUPPLEMENTS OR 'AMENDMENTS THERETO) IS ISSUE[ SOLELY FOR THE PURPOSE OF FACILXYATSUO THE ISSUANCE OF A POLICY 01 TfTL€ INSURANCE AND NO LIABSLITY SS ASSUMED HEREBY. If IT !S DESIRE1 THAT LIABILITY 6E ASSUMED PRIOR TO 1HE ISSUANCE OF A POLICY OF TITCE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DAiEP AT 7:30 A,M, AS OF JANUARY 30, 1980 I TITLE OPP SIGNED: E:A FRANK ' +/e- THt FORM OC POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ( . ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1078 ( 1 AlTA LOAN POLICY - 1970 WITH ALTA BNDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) GLTA STANDARD COVERlOQE POLICY - 1973 ( '"t At?A OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) t .. $19123 PAGR 1 ,, - 2 % '.) I e e " - I L) w u CQ 42,qCl? L ELEb'A7rc,d /?E 3P24520 " - ._ 2.723 - z72 7 t 272s OCEAN 5- 6Ll 1 T 0' i :r- - A 11 - - I= I I-( a I * - - r -g - I . - 13' -J 9 1 \ . 01 19 d- Si \ I 1- v i I \ \N I I 1 -~ \\,? - .' SY\% ;1.3.., "c- I 4; aA.hf &+.- rs) " ?, . """" \ \,eX\&4~ fib I - +.+ 'i 1 j I Re CAI1 50' I 1 1 - i k EXHIE APPLlC sk- CARL584D zON€ .'R-3 ELK A MA? 1221 . pb\RCEL NO. 203 IS0 20 L -9 5 - 50a I I I I I I i I I 1 1 I I I i i i 1 ! 1 ! I I 4 i I I I I" =c 0 G 0 4 .m @. 8\ -23 4 k9Z4 C >- k4q.J 'h @a =, qs L@QQS -2 <-0q4 CC Q c 1; !L1 3*k4 5 G 5x4 -:s -\ QG .P kjbanb *. > F U u 4' E P- c1 1$ LI >L r3 9-T * 4: \ - 3 0 cc 4s 4c< J x 1- 4 42 k=L <" u-0 7 - c c <. a =a IF. % '11 * :il \ I) .( ' t I t u, b' L11 Y- 'h I $1 \ L Q D 0 M t Q *% #L -7 bk -% e\ g, .??1, v w I I I / 02 I /a I t& I! 0 -.e \ - *d y. 7 I .I ,' i :I :; :; iI ._ , _. -1 " -1 I I' I I I 904 -5L-f -1) .. .- i' -. . ..."" -.""..- -. + ""P .". -.-. e e; 1: ---.- &" r - 9. I 0, f A I w-" 1- N 1 -. i 1 i 1 1 t i I I I i ! I I i ! i I I - " I P ,! I I I i i I I """"""""- -"- "" "t" """" I """ ' , I I I I ! I Fp ! I I f I , I I 1 +""__"I """" I """" + """" I """" I """_ t I I 4 -* 4.4 ~ - ..., .. , :L ,. . . lJ/d ~(~~~~/~~/ )I 5$c LA ._.* ::.". -&;, +"," Z*,+:' . ..,;:-"+ _5..-?' ..?&.+. ..<<$;. ..C.., , T;;..: - , ;; 7;;" ::* :,r -.. !..-?.? . "4.;:". -i" .- ,- "1'...,' .:,,: .-: >.; . ::.>;...+ '- ' - u>:;; *. .!..:.;;.;..;.h:.,,.: ,"-, ;.,~...;":~i.;.:":.;~-,'. ..:. ;.:?-. -;,. ;:;..h.;..?:.-:+<-.,. .:.-i23..,./ -,:.,,*- _.._ "<.: ,;.. ;s*.:.c,l..;.,G . +..'a .. ..- ,,".,':-..;c,? ,*.,.,, l_l ,.. .. , . _. L;L..~>.-.:;.:~. -..;.::. -..x ..... 9.. ' ~ .-,# ._ .. .'. :;.! ~~~,~;~!~:~~~~,~~~~;~".~~.~~~.~,. ..-.. . .I rc. "7 ..- ._ .- ' ..,, ..... .i; k.L .".-.;::;y;, ,.; &,ZJ @e c; , , -. th/arnra Co.t~l~l -. . ^. . .. , . .. .. . ... . . __c_ - . .., . -. . -. 1 " -., 1 ',[A'! Ly ~~ll~OU~llA--~l~~ >l'DOIJRCfS AGllIn . 0 "" - ."."" . ."_ . . .__ .-.._ "_ ." "__ . .- - - -.- -.- "__" ". -. .. " . '>U',F 01 - "" . - . . - . . - __ ... - ChLiFORNIA COASTAL COhASSION .- " SAN DIEGO COAST DISTRICT Filed: October 7, 1985 49th Day: November 25, 1985 180th Day: April 6, 1986 Staff Report: October 30, 1985 Hearing Date;- N_ovember 19-22, 1985 1333 CAMINO OEL RIO SOUTH. SUITE 125 SAN DIEGO. CA 92108-3320 (619) 297-9740 Staff : AB-SD-C STAFF REPORT: CONSENT CLENDAR Application No.: 6-85-502 Applicant: Robert Johnson Agent: Hark Oleson Description: Xemodei of an existing three-story triplex including enclosu of balcony/patio areas on two floors o'f the structure and fo dation work, on an oceanfront lot in Carlsbad. Lot Area Building Coverage Pavement Coverage Landscape Coverage Unimproved Area Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 7,000 sq. ft. 1,778 sq. ft. (25%) 684 Sq. ft. ( 8%) 1,000 Sq. ft. (14%) 3,539 sq. ft. (53%) 4 Res. Res. 10-20 dlI/ac 18.6 du/ac 25 feet Site: 2723-2727 Ocean St., Carlsbad, San Diego County. APN 203-141. Substantive File Documents: Certified Carlsbad Local Coastal Program Hello I1 segment STAFF RECOMMENDATION: The staff recommends the Comission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subjeci 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 the California Environmental Quality Act. 11. Standard Conditions. See attached page. EXHIBIT "B" e e ir G->\;-'~I Pnr,r! 2 111. Special Conditions. The permit is subject to the follov'ing conditions: " - 1. Lateral ?-Jblic Access. Prior to transmittal of the permit, the land- owner 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 contrued to allow anyone, prior to acceptance of the offer to interfere with any rights of public access acquired through use which may exist an the property. Such pasernmt shall be located along the entire width of the property seaward of the toe of the existing riprap or as generally shown on the attached Exhibit #2. The document shall include legal descriptions of both the applicant's entire parcel(s) and the easement area. The document shall be recorded free of prior liens and 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. 2. Applicant's Assumption of Risk. Prior to transmittal of the permit, the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide: (a) that the applicant understands that the site may be subject to extraordi- nary hazard from waves during storms and from erosion and the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any claim of liability on the part of the Commission and its advisors relative to the Commission's approval of the project for any damage due to natural hazards. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. IV. Findings and Declarations. The Commission finds and declares as follows: 1. Project Description. The applicant proposes modifications to an ' existing three-story triplex structure on an oceanfront lot in Carlsbad. The modifications include interior reconfiguration of two of the three units however no change in the number of bedrooms is proposed. Since there is no increase in the number of bedroons, representing a possible change in intensity of use, the present on-site parking (one space per unit) is acceptable. The modifications also include the removal of the (westerly) wall of balconies located on the first and second floor of the units. These walls actually enclose the balconies but are clearly part of accessory areas attached to the permanent structure. The wall, as well as the existing pier .T b .i 6"n:. 509 0 4 I'>};l? 3 foundation, will be replaced with a continuous foundation and an irlsulated exterior wall. The interior remodelling is exempt from permit requirpmcnts under Section 13253 of the Administrative Regulations; however-, the expansior of the living rooms through enclosure of the balcony areas does require Commission review because it presents more than a 10% increas? in enclosed living area and involves alteration of the bluff face. 2. Visual Tmpacts/GeoloKic Stability. Policies 7-12 and 7-13 of the Carlsbad LCP Hello I1 Segment address the protection of the coast's scenic amenities. Policy 7-12 requires the application of a "stringline" method for locating new development on parcels located west (seaward) of Ocean Street in northern Carlsbad. The ordinance would not allow new development to encfoack further seaward than an imaginary line drawn between the seaward extent of development located on the properties immediately adjacent to the north 2nd south. The restriction is applied independently to enclosed structures and open decks/patios/and other uses accessory to actual living area. In the case of the subject project, the enclosure of the balcony (accessory use) areas will not conflict with Policies 7-12 and 7-13 of the certified LCP. The enclosed portions of the residencies on both the north and south side of the subject property already extend further seaward than the alignmer of the subject balconies to be enclosed. The applicant has also supplied geotechnical information which indicates that the site will withstand the placement of the proposed continuous footing and the balcony conversion. The Commission therefore finds the project consistent with the policies of the certified LCP. 3. Public Access. The policies of the Carlsbad Hello I1 certified Land Use Plan specify that public access be provided where necessary and that all existing access points be identified and appropriately signed. The subject site does not contain any access stairs or paths. Further, adequate access exists approximately 300-feet to the south at Christianson Way. The site doe however extend onto the beach below which has extensively and historically been used by the public. Policy 7-3 of the Hello XI certified Land Use Plan provides for the pcotectic and enhancement or' lateral public access throughout Carlsbad, anri calls for B offer to dedicate that portion of private property located between the base c coastal bluffs and the sea as an appropriate mechanism to insure that access. This policy originated out of Section 30211 of the Act which mandates the prc tection of existing accessways and corridors by requiring their preservation in conjunction with proposed development. The issuance of the permit here is not to 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 beach seaward of the existing riprap. For this reason, Special condition 01, requiring a lateral access easement over the beach area, has been attached to the permit. The Commission finds the project, as condi- tioned, consistent with the public access policies of the certified LCP. 4. Local Coastal Program. Sections 30170(€) and 30171 of the Coastal Ac were special legislative amendments which required the Commission to adopt ar 0 i. i' h - rl 7 .- 5 Pngc Ir implement a Local Coastal Program for portions of the City of Carlsbad and county islands prior to specific statutory dates. The Corranission's permit decision must be adequate to carry out tbe adopted zoning ordinances as required by Section 30510.1, and is no longer based on Chapter 3 of the Coastal Act. The Commission-approved Land Use Plan designates this site for High Density Residential development (20-30 dwelling units per acre). The existing triplex, with a density of 18.6 du/ac, is consistent with that designation. Further, the enclosure of the balcony areas, as proposed, does not conflict with the visual resource policies of the LCP. Therefore, the Commission finds that the proposed project would be in conformance with the Carlsbad Hello 11 segment LCP. However, because this is an ocean bluff development and because the enclosure of the balconies will represent a seaward expansion of the living area of.the structure, special condition 82 has been attached to the permit. The condition requires a deed restriction documenting the applicant's acknowledgement of the risks inherent in any such project, and releasing the Commission from all liability for any damages which might result from project implementation. With this condition, the Comission finds the project in conformance with all policies in the Carlsbad LCP Nello If Segment, as mandated by special legislation. 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 acceptance of the terms and conditions, is returned to the Commission of €ice. 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. 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 I and the development during construction, subject to 24-hOuc advance notice. 7) e f,.-H'j * '2 1':I);v - 6. Assiy.nment. The permit may be assigned to any qualif ieci parson, prov: assignee files with the Commission an affidavit accepting all terms a1 conditions of the permit. 7. Terms and Conditions Run with the Land. These terns and conditions st be perpetual, and it is the intention of the Commission and the permit to bind all future owners and possessors of the subject property to tt terms and conditions. (5502R) L I 'r 4 0 e Te L&i"Q lbxording Requested by and When Recorded, Mail To: 1Ht OR\GINAL cr :'''I; ' r .' California Coastal Commission Old/". . - . 631 Howard Street, 4th T'Loor VEf& L. ! ',: ' , % San Francisco, California 94105 Attention: Legal Department Mail Tax Staterrents To: Robert Gibson Johnson & Nancy Fay Johnson 611 West Sixth St., #3320 Los Angeles, California 90017 , . ,_ .,, I I .I"" ,,.. 7 - .J,j -28- CF6 I( , g-2 ." pb .. , . ,i .;. : .. I -"-- Space Above This Line For Recorder's IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLAMTION 01: RESTdILTIONL ." THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCliSS EASI MENT AND DECLARATION OF KESTRZCTIONS (hereinafter "01 fclr") . made this 16th day of December, 1985, by Nancy Fay Johnsc (hereinafter referred to as "Grantor"). WHEREAS, Grantor is the legal owner of a fee interes of certain real properties located in the County of San Die State of California, and described in the attached Exhibit: I (hereinafter referred to as the "Property"); and WHEREAS, all of the Property is located within che coastal zone as defined in Section 30103 of the California Public Resources Code (which code is hereinafter referred t as the "Public Resources Code"); and - L- a 0 I.* 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 development 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 WHEREAS, Pursuant to the Act, Grantor applied to the Commission for a permit to undertake development as defined in the Act within the Coastal zone of San Diego County (hereinafter the "Permit") ; and WHEREAS, a coastal development permit (Permit No. 6-85-502/AB) was granted on November 22, 1985, by the Commis- sion in accordance with the provision of the Staff Recommenda- tion and Findings, Exhibit B, attached hereto and hereby incorporated by reference, subject to the following conditions: 1. Waiver of liability condition to be contained in a Deed Restriction; 2. Said Deed Restriction to be recorded free of all prior liens and encumbrances except tax liens; 3. Lateral public access easement; 4. Updated title report reflecting recordation of items 1, 2, and 3 above.. WHEREAS, the subject property is a parcel located between the first public road and the shoreline; and -2- * 'b 0 0 4 WHEREAS, under the policies of Sections 30210 througt 30212 of the California Coastal Act of 1976, public access 1 the shoreline and along the coast is to be maximized, and il new development projects located between the first public r( and the shoreline shall be provided; and WHEREAS, the Commission found that but for the impos of the above condition, the proposed development could not 1 found consistent with the public access policies of Section 30210 through 30212 of the California Coastal Act of 1976 a1 that therefore in the absence of such a condition, a permit not have been granted; WHER.EAS, it is intended that this Offer is irrevocab and shall constitute enforceable restrictions within the me, of Article XIII, Section 8 of the California Constitution a] that said Offer, when accepted, shall thereby qualify as an enforceable restriction under the provision of the Californ Revenue and Taxation Code, Section 402.1; NOW THEREFORE, in consideration of the granting of Permit No. 6-85-502/AB to the owner by the Commission, the owner hereby offers to dedicate to the People of California or the Commission's designee an casenlcnt in perpetuity for the purposes of public access and passive recreational use along the shoreline located on the subject property from th toe of the seawall to the mean high tide line and as specifically set forth by attached Exhibit C hereby incorpc by reference. - 3- 0 0 iL 1. BENEFIT AND BURDEN. This Offer shall run with and burden the Property and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property from the date of recorda- tion 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 is restricted from interfering with the use by the public of the area subject to the offered easement for public access. This restriction shall be effective from the time of recordation of this Offer and Declaration of Restrictions. 3. ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS. Prior to the opening of the accessway, the Grantee, in consultation with the Grantor, may record additional reasonable terms, conditions, and limitations on the use of the subject property in order to assure that this Offer for public access is effectuated. 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. -4- .. . i). m 0 i 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contai 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. 6. TERM. _c_ This irrevocable offer of dedication shall be binding for a period of 21 years. Upon recordation of an acceptance of this Offer by the Grantee, this Offer and terrr conditions, and restrictions shall have the effect of a gran of access easement in gross and perpetuity that shall run wi the land and be binding on the parties, heirs, assigns, and successors. The People of the State of California shall acc this offer through the local government in whose jurisdictic the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission or its successor in interest. Acceptance of the Offer is subject to a covenant whic runs with the land, providing that any offeree to accept the easement may not abandon it but instead offer the easement t other public agencies or private associations acceptable to the Executive Director of the Commission for the duration oi the term of the original Offer to Dedicate. - 5- e m 4' 4 Executed on this )lo ' day of December, 1985, at Los Angeles, California. Dated: December lb: 1985 c' Signed: w\ =.QL\YVbWt) Nancy Fay Johnson - Owner State of California ) County of Los Angeles ) ) ss. On this i/r "% day of December, in the year 1985, before me, '4? <.",.. a;;" '; ,- A. -/&e:L) , a Notary Public, 3 2. Personally appeared bcy Fay Johnson, personally known to me to be the person whose name is subscribed to this instrument, and acknowledged that she executed it. /I ry ~r,~;~~~n"~.'?..^..".,. .. op!;[l-:l,',1. >;:,a,'. l;r I I'/ C PC31 iLi: rJorrrI r.lrl!Clc . C~LIC 8. * :>,.,?. '3 I * /: ,\,? i 10s p.I!G:.l-;S r.-.''i;l',' .I,.. . My c:Jrnm. cypirc: bCC 11, l!X - & 7 Lk;- J; /e..-&y., / ,. Notary Public in and for Said County and State +7 2- L 42.W>& -6- 1 If 0 * * This is to certify that the Offer to Dedicate set for above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to auth conferred by the California Coastal Commission when it grant Coastal Development Permit NO. 6-85-502/AB on November 22, 1985, and California Coastal Commission consents to recordation thereo by its duly authorized officer. Dated: December 31 , 1985 STATE OF CALIFORNIA 1 ) ss. COUNTY OF SAN FRANCISCO ) On December 31 , 1985 , before me ydc LC ?&<j7,?/LCd. d a Notary Public, personally appeared personally known to me to be the person who executed this ir - ~ j/,( J/7% d ////c” ment as the ‘579 {’{’ [ha Ti\e 1 TITLE and authorized representative of the California Coastal Corn sion and acknowledged to me that the California Coastal’ Commission executed it. ~~r~~.~~~~~i~~~~-~-,~~~~~~.~ {., ’ ... c, ,. Lxw?!;?;.f 3. flEr\rl?t!SI 4 [,’:-.,:*(.:, .:J\ %>!:e,, ;:f.,*, 1.:. .*.;:‘a D ij p-& 0 r I- I c 1 ?. 1. ‘2 F. A 1. E t, *<:,-e,, ‘J> ,1:’ , :, ,,j b sIa;J ~!:~;;:,~!‘:t;~~ !,;;.j:;lY ‘b.“.’:. . i. 1)s ~or.m::.ca r..::aG; ’hy io. I391 i h:G<T.- +r - i add y? -jL??;%& -. Notary Public in and for said County and State - 7- e 0 i' All that real property situated in the County of San Diego, State of California, described as follows: Lots 30 and 31 in Block "A" of Hayes Land Company Addition to Carlsbad in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909. EXCEPTING that portion, if any, of said lots lying below the line of the ordinary high tide of the Pacific Ocean. EXHI U IT "A"