50 - BEACH OVERLAY ZONE2
Note— Adopted as an Initiative on April 12, 1988. This Chapter of the Municipal Code forms a portion of the City of Del Mar Local Coastal Program Implementing Ordinances. The regulations found within this Chapter are not subject to "relief" through the Del Mar Variance process. Exceptions to, or relief from, the requirements found within this Chapter are limited to those specified within the language of this Chapter or found within other Chapters of the Implementing Ordinances. Where there is a conflict between the language of this Chapter and other portions of the Del Mar Municipal Code, the language of this Chapter shall take precedence.
The Beach Overlay Zone created by this initiative is established to regulate the uses of the Del Mar beach area, a distinct and valuable natural resource, for the benefit of present and future generations. The regulations contained herein shall be administered so as to protect public access to and along the shoreline, while promoting public safety, health and welfare, and providing for the protection of private property.
(Ord. No. 722)
The boundaries of the Beach Overlay Zone are as described in Exhibit A, incorporated herein by reference.
Permitted uses within the Beach Overlay Zone shall be those allowed in the underlying zone, subject to the regulations contained in the Beach Overlay Zone which shall prevail in the event of conflict with any other provisions of the City Code.
A.
Shoreline Protection Area shall mean that area which is within the Beach Overlay Zone and is located from south to north along the shoreline of the City being more particularly described as follows: All lands located westerly of the line as described in Exhibit B, incorporated herein by reference.
B.
Development shall mean the placement or construction of any solid material or structure on land, to include without limitation, any human directed alteration of the land and the planting, cultivation or maintenance of any vegetation.
C.
Protective Structure shall mean any privately or publicly owned development designed to protect property inland from such structure from ocean flooding or wave damage.
No development shall occur within the shoreline area except such privately owned protective structures, publicly owned protective structures, and publicly owned development authorized, constructed, and maintained in accordance with the regulations set forth in the City Code.
The construction of a protective structure located within the Shoreline Protection Area may be authorized by the issuance of a Shoreline Protection Permit, if the City Council finds following notice and public hearing that the proposed protective structure:
A.
Is required to serve coastal dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts to local shoreline sand supply;
B.
Will minimize risks to life and property in areas of flood hazards;
C.
Will assure stability and structural integrity and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area, nor in any way substantially alter natural landforms along bluffs and cliffs;
D.
Is in conformity with the certified Coastal Program after certification of the Local Coastal Program;
E.
Is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act;
F.
Has material and design which are consistent with good engineering practices;
G.
Will, if there is a vertical wall element in the proposed protective structure, have the seaward face of the vertical wall located within the Shoreline Protective Area only if there is no other feasible location for effectively protecting a principle structure; there is no feasible, less environmentally damaging alternative; and feasible mitigation measures have been provided to minimize adverse environmental effects; but in no event have the seaward face of the vertical wall more than five feet westward of the Shoreline Protection Area line;
H.
Will, if other than a vertical wall, meet all the conditions of Subsection G. above;
I.
Will, if there is a riprap element in the proposed structure:
1.
Have the riprap extending no more than 20 feet westward from the Shoreline Protection Area line.
2.
Have a westward slope beginning no higher than a 5.7-foot elevation (NGVD) at the Shoreline Protection Area Line, decreasing in height at a minimum rate of one vertical foot for every one and one-half feet of lateral distance, the riprap extends westerly of the SPA line.
A.
An application for a Shoreline Protection Permit shall be made to the City Manager on forms provided by the City. The applicant shall pay a fee determined by the City Manager to be sufficient to pay for the costs of notice and the processing of the application for City Council consideration to include prehearing CEQA processing and any consulting costs incurred by the City.
B.
The application shall include the full description of the development and the applicant's proposal, together with supporting evidence on each issue raised by the application. Where deemed necessary by the City Manager, the application will include information as prepared by either a registered engineer or a land surveyor and an environmental consultant.
C.
Following the required CEQA processing, the City Manager shall cause the application to be set for a noticed administrative hearing before the City Council. The City Manager shall cause to be published, at least ten days before the date set for the administrative hearing, a notice of application. The notice of application shall also be concurrently posted on the site of the subject development and mailed to each person who has filed a written request for such notice, giving their name and mailing address. The notice of application shall contain:
1.
A description of the subject development;
2.
The purpose of the application;
3.
The date and time of the meeting at which the administrative hearing will be conducted;
4.
A statement that the hearing will be open to the public and to public discussion.
A.
It shall be unlawful to construct or maintain a privately owned protective structure or maintain privately owned development within the Shoreline Protection Area without first having obtained a Shoreline Protection Permit from the City Council.
B.
The City Council may issue a Shoreline Protection Permit authorizing the following:
1.
The construction and maintenance of a privately owned protective structure in accordance with the regulations of this Chapter.
2.
The maintenance of a privately owned protective structure or privately owned development constructed prior to and in nonconformance with the Beach Overlay Zone regulations for the duration of the amortization term established for such privately owned protective structure or privately owned development.
3.
The private financing, construction and/or maintenance of a publicly owned protective structure authorized by the Beach Overlay Zone regulations.
C.
A Shoreline Protection Permit shall:
1.
Contain waivers, indemnification and hold harmless provisions as required by the City Council at the time of approval.
2.
Contain such conditions as the City Council determines to be necessary to accomplish the purposes of the Beach Overlay Zone.
3.
Shall require a reasonable user fee to be determined by the City Council.
4.
Be recorded in a manner to bind successors in interest.
A.
Where property inland from a protective structure is being immediately threatened by ocean flooding or wave damage, a shoreline protection permittee may temporarily increase the height and bulk of the protective structure. The permittee shall, within fifteen days from the end of the emergency condition, remove the temporary protection from the Shoreline Protection Area. Said emergency reinforcement shall be subject to other requirements contained in the California Coastal Act.
B.
In the event such added temporary protection remains beyond April 15 in any year, the City shall remove such added structure within ten days and shall charge the owner the cost of removal, placing a lien on the property for such cost.
A.
Privately owned development within the Shoreline Protection Area constructed before the effective date of and in nonconformity to the Beach Overlay Zone regulations shall be abated immediately by the person or persons who constructed, now use and/or maintain such development; unless a Shoreline Protection Permit has been obtained establishing an amortization period of such development.
B.
The following privately owned development within the Shoreline Protection Area shall constitute a public nuisance. In addition to other remedies provided by law, all direct and indirect costs, including legal expenses, incurred by the City of Del Mar in abating such nuisance shall become a lien on the property and a personal obligation of the person or persons who constructed, now use and/or now maintain such development, and shall be a special assessment against said property to be collected as ordinary municipal taxes.
1.
Privately-owned development which was constructed before the effective date of and in noncompliance with the regulations of the Beach Overlay Zone and thereafter is maintained either without or contrary to the terms of a Shoreline Protection Permit.
2.
Privately-owned development which is constructed and maintained after the effective date of and in noncompliance with the regulations of the Beach Overlay Zone.
A.
The City Manager shall investigate and identify within a period of no later than six months following the date of the enactment of the ordinance from which this Chapter derives the existence of any development within the Shoreline Protection Area that is not in compliance with the requirements of the Beach Overlay Zone.
B.
The City Manager shall prepare a preliminary recommendation identifying the noncomplying development, and designating an abatement procedure to include an amortization period calculated as follows:
For every $5,000.00 of initial construction costs on each individual lot, the noncomplying development may remain for one year following its initial construction, not to exceed ten years. The City Manager shall determine the initial cost of construction based upon the best information available.
C.
The City Manager shall cause a Notice of Preliminary Recommendation to be sent by certified mail, return receipt request, and by first class postage prepaid mail to the address of record listed in the County Recorder's office, and to such other address of which the City Manager has actual knowledge of the person or persons who constructed, now use, and/or now maintain the privately owned development. In addition, the Notice of Preliminary Recommendation shall be concurrently posted in a conspicuous location at the development site and shall be mailed to persons who have registered their names and addresses with the City indicating an interest in obtaining such notice. Further, the notice shall be published in accordance with the provisions of this Chapter at least 15 days prior to the administrative hearing thereon.
The Notice of Preliminary Recommendation shall contain the following:
A.
The preliminary recommendation.
B.
The date and time of the City Council meeting at which an administrative hearing will be conducted.
C.
A statement that the City Council, following the completion of the administrative hearing, will make a final determination of the foregoing matter and may record a Notice of Abatement against the property of persons found to be responsible for removing the development.
D.
A statement that the hearing will be open to the public and to public discussion.
A.
Following the administrative hearing, the City Council shall reach a final determination as to whether the development is noncomplying, whether it constitutes a nuisance, and the final determination of an abatement procedure consistent with the terms of this Chapter. The City Council shall base its determination on any information presented during the administrative hearing that may be constitutionally considered.
B.
After such final determination, the City shall give the notice, provided for in Subsection 30.50.120.C, notifying the noncomplying owner, notifying such persons that they have 30 days from the date of the notice to remove the noncomplying development; that upon a showing of good cause, this period may be extended for a longer period but not to exceed 90 days.
C.
If the owner of the noncomplying development does not remove it within the required period, the City Council shall direct the City Attorney to take immediate action to abate the nuisance created by the development, including the taking of any necessary legal action to abate the same. The City will recover the expense of such actions as provided in Subsection 30.50.110.B.
No reconstruction or remodeling of a structure when 50 percent or more of the lot's permitted floor area is involved and no new construction shall be located within 15 feet east of the Shoreline Protection Area line. Patio and landscaping improvements not to exceed six feet in height, and which provide adequate drainage of excess water resulting from storm and/or wave conditions shall be exempt from this Section. Said drainage capabilities shall be reviewed and subject to approval of the City Engineer at the time of application.
Within the Shoreline Protection Area, the City Council may authorize the construction and maintenance of lifeguard facilities.
Protective structures as defined in this Chapter may be developed on private property landward of the Shoreline Protection Area line, irrespective of any otherwise applicable setback requirements imposed by the Municipal Code. No variance shall be required for the same.
(Ord. No. 543)
The application procedure for such an application shall be the same as specified in this Chapter for shoreline protective structures on or seaward of the Shoreline Protection Area line, except that the application shall note that the project is to be constructed landward of said line, and such applications shall be processed in the same manner, provided that such applications shall go to the Planning Commission rather than the City Council for final approval. The decision of the Planning Commission shall be subject to appeal to the City Council in conformance with 1.12 of the Del Mar Municipal Code.
(Ord. No. 543)
Property owners shall have a right to construct protective structures on their private property landward of the Shoreline Protection Area line provided that the Planning Commission makes the findings specified herein in Section 30.50.060, provided that no portion of the structure or riprap, if any, may extend beyond the Shoreline Protection Area line. Such permits shall be subject to such conditions as the Planning Commission may reasonably impose, including conditions [Subsections] C.1., 2., and 4. of Section 30.50.080 of this Chapter.
(Ord. No. 543)
Emergency protective structures may be installed landward of the Shoreline Protection Area line in conformance with the same procedures and criteria specified in Section 30.50.090 of this Chapter.
(Ord. No. 543)
Protective structures approved landward of the Shoreline Protection Area line shall not be deemed to be nonconforming for any purpose under any other provision of the City's General Plan, Zoning Ordinance, or Design Review Ordinance. The provisions of this Chapter 30.50 with respect to such projects shall prevail and supercede any other provisions of the Municipal Code which would otherwise apply to such applications.
(Ord. No. 543)
All land lying westerly of a line extending southerly from the northern City boundary along the westerly right-of-way line of Camino del Mar, then turning westerly along the northerly right-of-way line of 29th Street, then turning southerly along the westerly right-of-way of Ocean Front, then turning easterly along the southerly right-of-way line of 17th Street, then turning southerly along the westerly right-of-way line of Coast Boulevard, and then following southerly along the easterly right-of-way line of the AT&SF Railway to the southern City boundary.
FOLLOWING IS THE DESCRIPTION OF A LINE KNOWN AS THE "SHORELINE PROTECTION LINE" AS IS DEFINED IN THE CITY OF DEL MAR ZONING ORDINANCE, BEACH OVERLAY ZONE, D.M.M.C. CHAPTER 30; SAID LINE EXTENDING FROM THE NORTHERLY CORPORATE BOUNDARY TO THE SOUTHERLY CORPORATE BOUNDARY OF THE CITY OF DEL MAR IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF MAP 6838, SAID POINT BEING LOCATED ON THE SOUTHERLY EXTENSION OF THE CENTERLINE OF SIERRA AVENUE AND ON THE NORTHERLY CORPORATE BOUNDARY LINE OF THE CITY OF DEL MAR:
1.
THENCE WESTERLY ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89 DEGREES 35'36" WEST, 458.98 FEET (RECORD - NORTH 89 DEGREES 49'32" EAST) TO THE "TRUE POINT OF BEGINNING;"
2.
THENCE LEAVING SAID NORTHERLY CORPORATE BOUNDARY LINE DUE SOUTH A DISTANCE OF 362.08 FEET;
3.
THENCE SOUTH 12 DEGREES 58'16.0" EAST, 182.66 FEET;
4.
THENCE SOUTH 54 DEGREES 11'22.8" EAST, 60.01 FEET;
5.
THENCE SOUTH 23 DEGREES 58'07.5" EAST, 90.00 FEET TO A POINT COINCIDENT WITH THE NORTHEASTERLY CORNER OF THE CITY OF DEL MAR SEA BLUFF PRESERVE;
6.
THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID SEA BLUFF PRESERVE, SOUTH 23 DEGREES 58'07.5" EAST, 428.26 FEET;
7.
THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF SAID SEA BLUFF PRESERVE, SOUTH 13 DEGREES 50'16.1" EAST, 987.41 FEET TO A POINT ON THE EAST FACE OF A SEAWALL AS IT EXISTED ON JANUARY 11, 1986, SAID SEAWALL LOCATED SOUTHERLY OF THE SAN DIEGUITO RIVER;
8.
THENCE SOUTHERLY SOUTH 8 DEGREES 26'48.8" EAST, 273.20 FEET TO A POINT ON THE EASTERLY FACE OF SAID SEAWALL AS IT EXISTED ON JANUARY 11, 1986;
9.
THENCE SOUTH 9 DEGREES 04'07.8" EAST, 269.57 FEET TO A POINT ON THE EASTERLY FACE OF SAID SEAWALL AS IT EXISTED ON JANUARY 11, 1986;
10.
THENCE SOUTH 8 DEGREES 59'16.2" EAST, 449.91 FEET TO A POINT ON THE EASTERLY FACE OF SAID SEAWALL AS IT EXISTED ON JANUARY 11, 1986; SAID POINT BEING LOCATED ON THE SOUTHERLY RIGHT-OF-WAY LINE OF 29TH STREET AS SHOWN ON RECORD OF SURVEY 679,9056 & 9551;
11.
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF 29TH STREET, SOUTH 81 DEGREES 01'01" WEST, 0.89 FEET (RECORD - SOUTH 80 DEGREES 48' WEST);
12.
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF 29TH STREET, FOLLOWING A LINE PARALLEL TO AND 120.00 FEET WESTERLY OF THE CENTERLINE OF THE ALLEY KNOWN AS OCEANFRONT AS SHOWN ON RECORD OF SURVEY 9551, SOUTH 8 DEGREES 59'56.2" EAST, 440.00 FEET (RECORD SOUTH 9 DEGREES 10' EAST) TO A POINT LOCATED ON THE NORTH RIGHT-OF-WAY LINE OF 27TH STREET AS SHOWN ON RECORD OF SURVEY 9551;
13.
THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF 27TH STREET NORTH 81 DEGREES 20'36.7" EAST, 10.21 FEET (RECORD - SOUTH 80 DEGREES 50' WEST);
14.
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF 27TH STREET AND CONTINUING ALONG A LINE COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY LINE OF A 20.00 FOOT WIDE ALLEY AS SHOWN ON MAP 1737, SOUTH 9 DEGREES 00'34.3" EAST, 480.02 FEET (RECORD - SOUTH 9 DEGREES 10' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 25TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 26, MAP 1737;
15.
THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY LINE OF A 15 FOOT WIDE PUBLIC SIDEWALK AS SHOWN ON MAP 1450, SOUTH 9 DEGREES 00'34.3" EAST, 140 FEET (RECORD -SOUTH 80 DEGREES 50' EAST) TO AN ANGLE POINT, SAID ANGLE POINT BEING THE SOUTHWEST CORNER OF LOT 7, BLOCK 127, MAP 1450;
16.
THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PUBLIC SIDEWALK AS SHOWN ON MAP 1450, SOUTH 7 DEGREES 15'27.3" EAST, 102.13 FEET (RECORD - SOUTH 7 DEGREES 07' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 24TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 13, BLOCK 127, MAP 1450;
17.
THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID 15 FOOT PUBLIC SIDEWALK AS SHOWN ON MAP 1450, SOUTH 6 DEGREES 15'34.1" EAST, 690.00 FEET (RECORD - SOUTH 6 DEGREES 24' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 21ST STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 13, BLOCK 124, MAP 1450;
18.
THENCE EASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF 21ST STREET, NORTH 83 DEGREES, 39'25.5" EAST, 20.10 FEET (RECORD - SOUTH 83 DEGREES 36' WEST);
19.
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF 21ST STREET AND CONTINUING SOUTHERLY ALONG THE EASTERLY LINE OF LOT 22 AS SHOWN ON MAP 1277, SOUTH 6 DEGREES 15'32.2" EAST, 114.20 FEET (RECORD - SOUTH 56 DEGREES 24 FEET EAST) TO AN ANGLE POINT LOCATED ON THE WESTERLY LINE OF LOT 19, BLOCK 115, MAP 1277, A DISTANCE THEREON SOUTH 6 DEGREES 15'32.2" EAST, 19.00 FEET (RECORD - SOUTH 6 Degrees 24" EAST) FROM THE NORTHWEST CORNER OF SAID LOT 19;
20.
THENCE CONTINUING ALONG THE EASTERLY LINE OF LOT 22 AS SHOWN ON MAP 1277, SOUTH 3 DEGREES 20' 32.2" EAST, 293.20 FEET (RECORD - SOUTH 3 DEGREES 29' EAST) TO A POINT ON A NORTHERLY RIGHT-OF-WAY LINE OF 20TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 11, BLOCK 115, MAP 1277;
21.
THENCE ALONG THE EASTERLY LINE OF SAID LOT 22, SOUTH 3 DEGREES 20' 32.2 EAST, 820.25 FEET (RECORD - SOUTH 3 DEGREES 29' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 18TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 11, BLOCK 113, MAP 1277;
22.
THENCE ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 22, SOUTH 3 DEGREES 20' 32.2" EAST, 60.00 FEET (RECORD - SOUTH 3 DEGREES 29' EAST) TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF 18TH STREET, SAID POINT COINCIDENT WITH THE NORTHWEST CORNER OF LOT 20, BLOCK 112, MAP 1277;
23.
THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF 18TH STREET, SOUTH 86 DEGREES 39' 27.8" WEST, 7.00 FEET;
24.
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF 18TH STREET SOUTH 3 DEGREES 20' 32.2" EAST, 350.00 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF 17TH STREET;
25.
THENCE WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF 17TH STREET SOUTH 86 DEGREES 39' 27.8" WEST, 11.72 FEET;
26.
THENCE SOUTH 3 DEGREES 20' 32.2" EAST, 267.46 FEET;
27.
THENCE SOUTH 7 DEGREES, 59' 14.8" WEST, 100.73 FEET;
28.
THENCE SOUTH 6 DEGREES 02' 48.2" EAST, 1,133.67 FEET TO A POINT LOCATED ON THE APPROXIMATE CENTERLINE OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY TRACKS, SAID POINT BEING LOCATED ON AN APPROXIMATE 1,900 FOOT RADIUS CURVE, CONCAVE EASTERLY SAID POINT ALSO BEING ON THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 1 OF PARCEL MAP 10422, A DISTANCE THEREON, NORTH 72 DEGREES 34' 48.5" EAST, 256.59 FEET (RECORD - NORTH 72 DEGREES 33' 09" EAST) FROM THE NORTHEASTERLY CORNER OF SAID LOT 1;
THE FOLLOWING COURSES NUMBERED 29 THROUGH 35 ALL CONTINUE ALONG THE APPROXIMATE CENTERLINE OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY TRACKS AS IT EXISTED ON JANUARY 11, 1986;
29.
THENCE CONTINUING ON THE APPROXIMATE CENTERLINE OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY TRACKS, THROUGH SAID 1,900 FOOT RADIUS CURVE, A CENTRAL ANGLE OF 6 DEGREES 44' 55.2", A DISTANCE OF 223.79 FEET;
30.
THENCE SOUTH 11 DEGREES 34' 14.3 EAST, 947.56 FEET TO A POINT LOCATED AT THE BEGINNING OF A 5,500 FOOT RADIUS CURVE, CONCAVE EASTERLY;
31.
THENCE THROUGH SAID CURVE A CENTRAL ANGLE OF 7 DEGREES 02' 53", A DISTANCE OF 676.56 FEET;
32.
THENCE SOUTH 18 DEGREES 37' 10" EAST, 2,384.90 FEET TO A POINT LOCATED AT THE BEGINNING OF A 9,000 FOOT RADIUS CURVE, CONCAVE WESTERLY;
33.
THENCE THROUGH SAID CURVE A CENTRAL ANGLE OF 6 DEGREES 20' 32", A DISTANCE OF 996.23 FEET;
34.
THENCE SOUTH 12 DEGREES 16' 36.9" EAST, 1,767.95 FEET TO A POINT LOCATED AT THE BEGINNING OF A 2,400 FOOT RADIUS CURVE, CONCAVE EASTERLY;
35.
THENCE THROUGH SAID 2,400 FOOT CURVE A CENTRAL ANGLE OF 8 DEGREES 46' 45.5", A DISTANCE OF 367.75 FEET MORE OR LESS TO A POINT LOCATED ON A LINE BEARING NORTH 46 DEGREES 32' 16" WEST, SAID LINE BEING THE NORTHEASTERLY LINE OF THE PUEBLO LANDS OF SAN DIEGO, AS SHOWN ON MAP THEREOF MADE BY JAMES PASCOE IN THE YEAR 1870, A CERTIFIED COPY OF SAID MAP BEING FILED IN SAN DIEGO COUNTY RECORDER'S OFFICE AS MISCELLANEOUS MAP NO. 36, SAID POINT OF INTERSECTION ALSO BEING STATION 813 AS SHOWN ON SHEET 18 OF THE CITY OF SAN DIEGO ENGINEERING DRAWING 47281 ON FILE IN THE CITY ENGINEER'S OFFICES OF SAID CITY; AND SAID LINE ALSO BEING THE SOUTHWESTERLY CORPORATE BOUNDARY LINE OF THE CITY OF DEL MAR.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIBED LINE WAS DEFINED BY ESTABLISHING A LINE BETWEEN UNITED STATES ARMY CORPS SURVEY BENCHMARK NUMBERS DM590 AND DM560, LOCATED IN THE CITY OF DEL MAR, SAID LINE BEARING NORTH 6 DEGREES 15' 54" WEST.
THE FOLLOWING RECORD MAPS INCLUDED IN THE DESCRIPTION OF THE ABOVE SURVEY LINE ARE RECORDED IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY:
MAP 6838 DEL MAR BEACH CLUB
MAP 1737 NORTH STRAND MAP
MAP 1450 DEL MAR SUBDIVISION NO. 3
MAP 1277 DEL MAR RESUBDIVISION NO. 2
MAP 10422 DEL MAR SUBDIVISION 80-02
RECORD OF SURVEY 679
RECORD OF SURVEY 9056
RECORD OF SURVEY 9551
50 - BEACH OVERLAY ZONE2
Note— Adopted as an Initiative on April 12, 1988. This Chapter of the Municipal Code forms a portion of the City of Del Mar Local Coastal Program Implementing Ordinances. The regulations found within this Chapter are not subject to "relief" through the Del Mar Variance process. Exceptions to, or relief from, the requirements found within this Chapter are limited to those specified within the language of this Chapter or found within other Chapters of the Implementing Ordinances. Where there is a conflict between the language of this Chapter and other portions of the Del Mar Municipal Code, the language of this Chapter shall take precedence.
The Beach Overlay Zone created by this initiative is established to regulate the uses of the Del Mar beach area, a distinct and valuable natural resource, for the benefit of present and future generations. The regulations contained herein shall be administered so as to protect public access to and along the shoreline, while promoting public safety, health and welfare, and providing for the protection of private property.
(Ord. No. 722)
The boundaries of the Beach Overlay Zone are as described in Exhibit A, incorporated herein by reference.
Permitted uses within the Beach Overlay Zone shall be those allowed in the underlying zone, subject to the regulations contained in the Beach Overlay Zone which shall prevail in the event of conflict with any other provisions of the City Code.
A.
Shoreline Protection Area shall mean that area which is within the Beach Overlay Zone and is located from south to north along the shoreline of the City being more particularly described as follows: All lands located westerly of the line as described in Exhibit B, incorporated herein by reference.
B.
Development shall mean the placement or construction of any solid material or structure on land, to include without limitation, any human directed alteration of the land and the planting, cultivation or maintenance of any vegetation.
C.
Protective Structure shall mean any privately or publicly owned development designed to protect property inland from such structure from ocean flooding or wave damage.
No development shall occur within the shoreline area except such privately owned protective structures, publicly owned protective structures, and publicly owned development authorized, constructed, and maintained in accordance with the regulations set forth in the City Code.
The construction of a protective structure located within the Shoreline Protection Area may be authorized by the issuance of a Shoreline Protection Permit, if the City Council finds following notice and public hearing that the proposed protective structure:
A.
Is required to serve coastal dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts to local shoreline sand supply;
B.
Will minimize risks to life and property in areas of flood hazards;
C.
Will assure stability and structural integrity and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area, nor in any way substantially alter natural landforms along bluffs and cliffs;
D.
Is in conformity with the certified Coastal Program after certification of the Local Coastal Program;
E.
Is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act;
F.
Has material and design which are consistent with good engineering practices;
G.
Will, if there is a vertical wall element in the proposed protective structure, have the seaward face of the vertical wall located within the Shoreline Protective Area only if there is no other feasible location for effectively protecting a principle structure; there is no feasible, less environmentally damaging alternative; and feasible mitigation measures have been provided to minimize adverse environmental effects; but in no event have the seaward face of the vertical wall more than five feet westward of the Shoreline Protection Area line;
H.
Will, if other than a vertical wall, meet all the conditions of Subsection G. above;
I.
Will, if there is a riprap element in the proposed structure:
1.
Have the riprap extending no more than 20 feet westward from the Shoreline Protection Area line.
2.
Have a westward slope beginning no higher than a 5.7-foot elevation (NGVD) at the Shoreline Protection Area Line, decreasing in height at a minimum rate of one vertical foot for every one and one-half feet of lateral distance, the riprap extends westerly of the SPA line.
A.
An application for a Shoreline Protection Permit shall be made to the City Manager on forms provided by the City. The applicant shall pay a fee determined by the City Manager to be sufficient to pay for the costs of notice and the processing of the application for City Council consideration to include prehearing CEQA processing and any consulting costs incurred by the City.
B.
The application shall include the full description of the development and the applicant's proposal, together with supporting evidence on each issue raised by the application. Where deemed necessary by the City Manager, the application will include information as prepared by either a registered engineer or a land surveyor and an environmental consultant.
C.
Following the required CEQA processing, the City Manager shall cause the application to be set for a noticed administrative hearing before the City Council. The City Manager shall cause to be published, at least ten days before the date set for the administrative hearing, a notice of application. The notice of application shall also be concurrently posted on the site of the subject development and mailed to each person who has filed a written request for such notice, giving their name and mailing address. The notice of application shall contain:
1.
A description of the subject development;
2.
The purpose of the application;
3.
The date and time of the meeting at which the administrative hearing will be conducted;
4.
A statement that the hearing will be open to the public and to public discussion.
A.
It shall be unlawful to construct or maintain a privately owned protective structure or maintain privately owned development within the Shoreline Protection Area without first having obtained a Shoreline Protection Permit from the City Council.
B.
The City Council may issue a Shoreline Protection Permit authorizing the following:
1.
The construction and maintenance of a privately owned protective structure in accordance with the regulations of this Chapter.
2.
The maintenance of a privately owned protective structure or privately owned development constructed prior to and in nonconformance with the Beach Overlay Zone regulations for the duration of the amortization term established for such privately owned protective structure or privately owned development.
3.
The private financing, construction and/or maintenance of a publicly owned protective structure authorized by the Beach Overlay Zone regulations.
C.
A Shoreline Protection Permit shall:
1.
Contain waivers, indemnification and hold harmless provisions as required by the City Council at the time of approval.
2.
Contain such conditions as the City Council determines to be necessary to accomplish the purposes of the Beach Overlay Zone.
3.
Shall require a reasonable user fee to be determined by the City Council.
4.
Be recorded in a manner to bind successors in interest.
A.
Where property inland from a protective structure is being immediately threatened by ocean flooding or wave damage, a shoreline protection permittee may temporarily increase the height and bulk of the protective structure. The permittee shall, within fifteen days from the end of the emergency condition, remove the temporary protection from the Shoreline Protection Area. Said emergency reinforcement shall be subject to other requirements contained in the California Coastal Act.
B.
In the event such added temporary protection remains beyond April 15 in any year, the City shall remove such added structure within ten days and shall charge the owner the cost of removal, placing a lien on the property for such cost.
A.
Privately owned development within the Shoreline Protection Area constructed before the effective date of and in nonconformity to the Beach Overlay Zone regulations shall be abated immediately by the person or persons who constructed, now use and/or maintain such development; unless a Shoreline Protection Permit has been obtained establishing an amortization period of such development.
B.
The following privately owned development within the Shoreline Protection Area shall constitute a public nuisance. In addition to other remedies provided by law, all direct and indirect costs, including legal expenses, incurred by the City of Del Mar in abating such nuisance shall become a lien on the property and a personal obligation of the person or persons who constructed, now use and/or now maintain such development, and shall be a special assessment against said property to be collected as ordinary municipal taxes.
1.
Privately-owned development which was constructed before the effective date of and in noncompliance with the regulations of the Beach Overlay Zone and thereafter is maintained either without or contrary to the terms of a Shoreline Protection Permit.
2.
Privately-owned development which is constructed and maintained after the effective date of and in noncompliance with the regulations of the Beach Overlay Zone.
A.
The City Manager shall investigate and identify within a period of no later than six months following the date of the enactment of the ordinance from which this Chapter derives the existence of any development within the Shoreline Protection Area that is not in compliance with the requirements of the Beach Overlay Zone.
B.
The City Manager shall prepare a preliminary recommendation identifying the noncomplying development, and designating an abatement procedure to include an amortization period calculated as follows:
For every $5,000.00 of initial construction costs on each individual lot, the noncomplying development may remain for one year following its initial construction, not to exceed ten years. The City Manager shall determine the initial cost of construction based upon the best information available.
C.
The City Manager shall cause a Notice of Preliminary Recommendation to be sent by certified mail, return receipt request, and by first class postage prepaid mail to the address of record listed in the County Recorder's office, and to such other address of which the City Manager has actual knowledge of the person or persons who constructed, now use, and/or now maintain the privately owned development. In addition, the Notice of Preliminary Recommendation shall be concurrently posted in a conspicuous location at the development site and shall be mailed to persons who have registered their names and addresses with the City indicating an interest in obtaining such notice. Further, the notice shall be published in accordance with the provisions of this Chapter at least 15 days prior to the administrative hearing thereon.
The Notice of Preliminary Recommendation shall contain the following:
A.
The preliminary recommendation.
B.
The date and time of the City Council meeting at which an administrative hearing will be conducted.
C.
A statement that the City Council, following the completion of the administrative hearing, will make a final determination of the foregoing matter and may record a Notice of Abatement against the property of persons found to be responsible for removing the development.
D.
A statement that the hearing will be open to the public and to public discussion.
A.
Following the administrative hearing, the City Council shall reach a final determination as to whether the development is noncomplying, whether it constitutes a nuisance, and the final determination of an abatement procedure consistent with the terms of this Chapter. The City Council shall base its determination on any information presented during the administrative hearing that may be constitutionally considered.
B.
After such final determination, the City shall give the notice, provided for in Subsection 30.50.120.C, notifying the noncomplying owner, notifying such persons that they have 30 days from the date of the notice to remove the noncomplying development; that upon a showing of good cause, this period may be extended for a longer period but not to exceed 90 days.
C.
If the owner of the noncomplying development does not remove it within the required period, the City Council shall direct the City Attorney to take immediate action to abate the nuisance created by the development, including the taking of any necessary legal action to abate the same. The City will recover the expense of such actions as provided in Subsection 30.50.110.B.
No reconstruction or remodeling of a structure when 50 percent or more of the lot's permitted floor area is involved and no new construction shall be located within 15 feet east of the Shoreline Protection Area line. Patio and landscaping improvements not to exceed six feet in height, and which provide adequate drainage of excess water resulting from storm and/or wave conditions shall be exempt from this Section. Said drainage capabilities shall be reviewed and subject to approval of the City Engineer at the time of application.
Within the Shoreline Protection Area, the City Council may authorize the construction and maintenance of lifeguard facilities.
Protective structures as defined in this Chapter may be developed on private property landward of the Shoreline Protection Area line, irrespective of any otherwise applicable setback requirements imposed by the Municipal Code. No variance shall be required for the same.
(Ord. No. 543)
The application procedure for such an application shall be the same as specified in this Chapter for shoreline protective structures on or seaward of the Shoreline Protection Area line, except that the application shall note that the project is to be constructed landward of said line, and such applications shall be processed in the same manner, provided that such applications shall go to the Planning Commission rather than the City Council for final approval. The decision of the Planning Commission shall be subject to appeal to the City Council in conformance with 1.12 of the Del Mar Municipal Code.
(Ord. No. 543)
Property owners shall have a right to construct protective structures on their private property landward of the Shoreline Protection Area line provided that the Planning Commission makes the findings specified herein in Section 30.50.060, provided that no portion of the structure or riprap, if any, may extend beyond the Shoreline Protection Area line. Such permits shall be subject to such conditions as the Planning Commission may reasonably impose, including conditions [Subsections] C.1., 2., and 4. of Section 30.50.080 of this Chapter.
(Ord. No. 543)
Emergency protective structures may be installed landward of the Shoreline Protection Area line in conformance with the same procedures and criteria specified in Section 30.50.090 of this Chapter.
(Ord. No. 543)
Protective structures approved landward of the Shoreline Protection Area line shall not be deemed to be nonconforming for any purpose under any other provision of the City's General Plan, Zoning Ordinance, or Design Review Ordinance. The provisions of this Chapter 30.50 with respect to such projects shall prevail and supercede any other provisions of the Municipal Code which would otherwise apply to such applications.
(Ord. No. 543)
All land lying westerly of a line extending southerly from the northern City boundary along the westerly right-of-way line of Camino del Mar, then turning westerly along the northerly right-of-way line of 29th Street, then turning southerly along the westerly right-of-way of Ocean Front, then turning easterly along the southerly right-of-way line of 17th Street, then turning southerly along the westerly right-of-way line of Coast Boulevard, and then following southerly along the easterly right-of-way line of the AT&SF Railway to the southern City boundary.
FOLLOWING IS THE DESCRIPTION OF A LINE KNOWN AS THE "SHORELINE PROTECTION LINE" AS IS DEFINED IN THE CITY OF DEL MAR ZONING ORDINANCE, BEACH OVERLAY ZONE, D.M.M.C. CHAPTER 30; SAID LINE EXTENDING FROM THE NORTHERLY CORPORATE BOUNDARY TO THE SOUTHERLY CORPORATE BOUNDARY OF THE CITY OF DEL MAR IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF MAP 6838, SAID POINT BEING LOCATED ON THE SOUTHERLY EXTENSION OF THE CENTERLINE OF SIERRA AVENUE AND ON THE NORTHERLY CORPORATE BOUNDARY LINE OF THE CITY OF DEL MAR:
1.
THENCE WESTERLY ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89 DEGREES 35'36" WEST, 458.98 FEET (RECORD - NORTH 89 DEGREES 49'32" EAST) TO THE "TRUE POINT OF BEGINNING;"
2.
THENCE LEAVING SAID NORTHERLY CORPORATE BOUNDARY LINE DUE SOUTH A DISTANCE OF 362.08 FEET;
3.
THENCE SOUTH 12 DEGREES 58'16.0" EAST, 182.66 FEET;
4.
THENCE SOUTH 54 DEGREES 11'22.8" EAST, 60.01 FEET;
5.
THENCE SOUTH 23 DEGREES 58'07.5" EAST, 90.00 FEET TO A POINT COINCIDENT WITH THE NORTHEASTERLY CORNER OF THE CITY OF DEL MAR SEA BLUFF PRESERVE;
6.
THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID SEA BLUFF PRESERVE, SOUTH 23 DEGREES 58'07.5" EAST, 428.26 FEET;
7.
THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF SAID SEA BLUFF PRESERVE, SOUTH 13 DEGREES 50'16.1" EAST, 987.41 FEET TO A POINT ON THE EAST FACE OF A SEAWALL AS IT EXISTED ON JANUARY 11, 1986, SAID SEAWALL LOCATED SOUTHERLY OF THE SAN DIEGUITO RIVER;
8.
THENCE SOUTHERLY SOUTH 8 DEGREES 26'48.8" EAST, 273.20 FEET TO A POINT ON THE EASTERLY FACE OF SAID SEAWALL AS IT EXISTED ON JANUARY 11, 1986;
9.
THENCE SOUTH 9 DEGREES 04'07.8" EAST, 269.57 FEET TO A POINT ON THE EASTERLY FACE OF SAID SEAWALL AS IT EXISTED ON JANUARY 11, 1986;
10.
THENCE SOUTH 8 DEGREES 59'16.2" EAST, 449.91 FEET TO A POINT ON THE EASTERLY FACE OF SAID SEAWALL AS IT EXISTED ON JANUARY 11, 1986; SAID POINT BEING LOCATED ON THE SOUTHERLY RIGHT-OF-WAY LINE OF 29TH STREET AS SHOWN ON RECORD OF SURVEY 679,9056 & 9551;
11.
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF 29TH STREET, SOUTH 81 DEGREES 01'01" WEST, 0.89 FEET (RECORD - SOUTH 80 DEGREES 48' WEST);
12.
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF 29TH STREET, FOLLOWING A LINE PARALLEL TO AND 120.00 FEET WESTERLY OF THE CENTERLINE OF THE ALLEY KNOWN AS OCEANFRONT AS SHOWN ON RECORD OF SURVEY 9551, SOUTH 8 DEGREES 59'56.2" EAST, 440.00 FEET (RECORD SOUTH 9 DEGREES 10' EAST) TO A POINT LOCATED ON THE NORTH RIGHT-OF-WAY LINE OF 27TH STREET AS SHOWN ON RECORD OF SURVEY 9551;
13.
THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF 27TH STREET NORTH 81 DEGREES 20'36.7" EAST, 10.21 FEET (RECORD - SOUTH 80 DEGREES 50' WEST);
14.
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF 27TH STREET AND CONTINUING ALONG A LINE COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY LINE OF A 20.00 FOOT WIDE ALLEY AS SHOWN ON MAP 1737, SOUTH 9 DEGREES 00'34.3" EAST, 480.02 FEET (RECORD - SOUTH 9 DEGREES 10' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 25TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 26, MAP 1737;
15.
THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY LINE OF A 15 FOOT WIDE PUBLIC SIDEWALK AS SHOWN ON MAP 1450, SOUTH 9 DEGREES 00'34.3" EAST, 140 FEET (RECORD -SOUTH 80 DEGREES 50' EAST) TO AN ANGLE POINT, SAID ANGLE POINT BEING THE SOUTHWEST CORNER OF LOT 7, BLOCK 127, MAP 1450;
16.
THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PUBLIC SIDEWALK AS SHOWN ON MAP 1450, SOUTH 7 DEGREES 15'27.3" EAST, 102.13 FEET (RECORD - SOUTH 7 DEGREES 07' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 24TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 13, BLOCK 127, MAP 1450;
17.
THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID 15 FOOT PUBLIC SIDEWALK AS SHOWN ON MAP 1450, SOUTH 6 DEGREES 15'34.1" EAST, 690.00 FEET (RECORD - SOUTH 6 DEGREES 24' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 21ST STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 13, BLOCK 124, MAP 1450;
18.
THENCE EASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF 21ST STREET, NORTH 83 DEGREES, 39'25.5" EAST, 20.10 FEET (RECORD - SOUTH 83 DEGREES 36' WEST);
19.
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF 21ST STREET AND CONTINUING SOUTHERLY ALONG THE EASTERLY LINE OF LOT 22 AS SHOWN ON MAP 1277, SOUTH 6 DEGREES 15'32.2" EAST, 114.20 FEET (RECORD - SOUTH 56 DEGREES 24 FEET EAST) TO AN ANGLE POINT LOCATED ON THE WESTERLY LINE OF LOT 19, BLOCK 115, MAP 1277, A DISTANCE THEREON SOUTH 6 DEGREES 15'32.2" EAST, 19.00 FEET (RECORD - SOUTH 6 Degrees 24" EAST) FROM THE NORTHWEST CORNER OF SAID LOT 19;
20.
THENCE CONTINUING ALONG THE EASTERLY LINE OF LOT 22 AS SHOWN ON MAP 1277, SOUTH 3 DEGREES 20' 32.2" EAST, 293.20 FEET (RECORD - SOUTH 3 DEGREES 29' EAST) TO A POINT ON A NORTHERLY RIGHT-OF-WAY LINE OF 20TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 11, BLOCK 115, MAP 1277;
21.
THENCE ALONG THE EASTERLY LINE OF SAID LOT 22, SOUTH 3 DEGREES 20' 32.2 EAST, 820.25 FEET (RECORD - SOUTH 3 DEGREES 29' EAST) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 18TH STREET, SAID POINT COINCIDENT WITH THE SOUTHWEST CORNER OF LOT 11, BLOCK 113, MAP 1277;
22.
THENCE ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 22, SOUTH 3 DEGREES 20' 32.2" EAST, 60.00 FEET (RECORD - SOUTH 3 DEGREES 29' EAST) TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF 18TH STREET, SAID POINT COINCIDENT WITH THE NORTHWEST CORNER OF LOT 20, BLOCK 112, MAP 1277;
23.
THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF 18TH STREET, SOUTH 86 DEGREES 39' 27.8" WEST, 7.00 FEET;
24.
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF 18TH STREET SOUTH 3 DEGREES 20' 32.2" EAST, 350.00 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF 17TH STREET;
25.
THENCE WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF 17TH STREET SOUTH 86 DEGREES 39' 27.8" WEST, 11.72 FEET;
26.
THENCE SOUTH 3 DEGREES 20' 32.2" EAST, 267.46 FEET;
27.
THENCE SOUTH 7 DEGREES, 59' 14.8" WEST, 100.73 FEET;
28.
THENCE SOUTH 6 DEGREES 02' 48.2" EAST, 1,133.67 FEET TO A POINT LOCATED ON THE APPROXIMATE CENTERLINE OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY TRACKS, SAID POINT BEING LOCATED ON AN APPROXIMATE 1,900 FOOT RADIUS CURVE, CONCAVE EASTERLY SAID POINT ALSO BEING ON THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 1 OF PARCEL MAP 10422, A DISTANCE THEREON, NORTH 72 DEGREES 34' 48.5" EAST, 256.59 FEET (RECORD - NORTH 72 DEGREES 33' 09" EAST) FROM THE NORTHEASTERLY CORNER OF SAID LOT 1;
THE FOLLOWING COURSES NUMBERED 29 THROUGH 35 ALL CONTINUE ALONG THE APPROXIMATE CENTERLINE OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY TRACKS AS IT EXISTED ON JANUARY 11, 1986;
29.
THENCE CONTINUING ON THE APPROXIMATE CENTERLINE OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY TRACKS, THROUGH SAID 1,900 FOOT RADIUS CURVE, A CENTRAL ANGLE OF 6 DEGREES 44' 55.2", A DISTANCE OF 223.79 FEET;
30.
THENCE SOUTH 11 DEGREES 34' 14.3 EAST, 947.56 FEET TO A POINT LOCATED AT THE BEGINNING OF A 5,500 FOOT RADIUS CURVE, CONCAVE EASTERLY;
31.
THENCE THROUGH SAID CURVE A CENTRAL ANGLE OF 7 DEGREES 02' 53", A DISTANCE OF 676.56 FEET;
32.
THENCE SOUTH 18 DEGREES 37' 10" EAST, 2,384.90 FEET TO A POINT LOCATED AT THE BEGINNING OF A 9,000 FOOT RADIUS CURVE, CONCAVE WESTERLY;
33.
THENCE THROUGH SAID CURVE A CENTRAL ANGLE OF 6 DEGREES 20' 32", A DISTANCE OF 996.23 FEET;
34.
THENCE SOUTH 12 DEGREES 16' 36.9" EAST, 1,767.95 FEET TO A POINT LOCATED AT THE BEGINNING OF A 2,400 FOOT RADIUS CURVE, CONCAVE EASTERLY;
35.
THENCE THROUGH SAID 2,400 FOOT CURVE A CENTRAL ANGLE OF 8 DEGREES 46' 45.5", A DISTANCE OF 367.75 FEET MORE OR LESS TO A POINT LOCATED ON A LINE BEARING NORTH 46 DEGREES 32' 16" WEST, SAID LINE BEING THE NORTHEASTERLY LINE OF THE PUEBLO LANDS OF SAN DIEGO, AS SHOWN ON MAP THEREOF MADE BY JAMES PASCOE IN THE YEAR 1870, A CERTIFIED COPY OF SAID MAP BEING FILED IN SAN DIEGO COUNTY RECORDER'S OFFICE AS MISCELLANEOUS MAP NO. 36, SAID POINT OF INTERSECTION ALSO BEING STATION 813 AS SHOWN ON SHEET 18 OF THE CITY OF SAN DIEGO ENGINEERING DRAWING 47281 ON FILE IN THE CITY ENGINEER'S OFFICES OF SAID CITY; AND SAID LINE ALSO BEING THE SOUTHWESTERLY CORPORATE BOUNDARY LINE OF THE CITY OF DEL MAR.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIBED LINE WAS DEFINED BY ESTABLISHING A LINE BETWEEN UNITED STATES ARMY CORPS SURVEY BENCHMARK NUMBERS DM590 AND DM560, LOCATED IN THE CITY OF DEL MAR, SAID LINE BEARING NORTH 6 DEGREES 15' 54" WEST.
THE FOLLOWING RECORD MAPS INCLUDED IN THE DESCRIPTION OF THE ABOVE SURVEY LINE ARE RECORDED IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY:
MAP 6838 DEL MAR BEACH CLUB
MAP 1737 NORTH STRAND MAP
MAP 1450 DEL MAR SUBDIVISION NO. 3
MAP 1277 DEL MAR RESUBDIVISION NO. 2
MAP 10422 DEL MAR SUBDIVISION 80-02
RECORD OF SURVEY 679
RECORD OF SURVEY 9056
RECORD OF SURVEY 9551