HomeMy WebLinkAboutCDP 97-59; Levy Residence; Coastal Development Permit (CDP) (44)John C. Levy Jr.
Buena Vista Circle
Carlsbad, California, 92008
(760) 720-2005
September 13, 1998
TO: Mayor Bud Lewis, City Council, and the staff of the City of
Carlsbad
RE: CDP-97-59 No Substantial Issues!
Dear Buddy,
I would like to thank you, and your incredible staff, for all the support given
to me on the appeal of CDP-97-59.
On Friday, September 11, 1998 I appeared in fiont of the California Coastal
Commission in Eureka to argue my case against their appeal of CDP-97-59. I
am happy to report that No Substantial Issues Were Found!
I have to say that this was one of the most taxing lessons of my life. After
three years of worlung with the respective resource agencies (including the
CCC) to build a home for my family on the Buena Vista Circle, I was pulled
into a political vortex that defies reality.
After eight months of hard work on July 1, 1998, CDP 97-59 was
unanimously approved by the Carlsbad Planning Commission.
Local coastal staff who had been “part and parcel” to this CDP for three
years, on July 27, 1998, elected to appeal it claiming that “substantial
issues” existed.
Even though the City of Carlsbad, Mayors office, Planning Department,
and even Coastal Commissioner Kehoe who signed the appeal, asked local
coastal staff to withdraw the appeal, they declined to do so. Ironically,
seven weeks later when the staff report was finally released, there was not
one of the original “substantial issues” cited in the appeal. The “substantial
issues” essentially became a moving target.
Upon the realization of severity of finding “substantial issues”, I literally
took a eight week sabbatical from my job, pouring all of my resources into
my defense.
What I learned from my experience was that thts is a system that is entirely
unfair to the applicant. The common citizen has no idea what a CDP, LCP,
NSI, is or who the AG is. Nor should they! The majority of coastal cities
have a certified LCP. If the Coastal Commission is to empower
municipalities to adrmnister their LCP, then the Coastal Commission should
not micro manage their decisions. It defeats the process!
Upon the eight months that it took the City of Carlsbad to process my CDP I
was impressed with the professionalism of Carlsbad’s Planning Staff. Was it
easy? No, but it was fair and thorough!
Chs Decerbo,
examining the issues,
biological, environmental, public safety and home owner rights.
and the planning department did an excellent job of
and providmg a balance to public access, wildlife,
The Coastal Commission on the other hand was alun to dealing with a thud
world country! I was constantly being put on hold, it took two hours to fax a
document to the San Francisco headquarters. I was given four days to
respond to a 27 page ( of new) “substantial issues” staff report. When I
asked for the report to be E-Mailed to me I was mformed that they do not
have E-mail, nor would I be allowed the courtesy to receive it on disk!
The acrimony between the Planning Department and local Coastal staff
became so tense that one day last week when the Planning Department sent a
member of the staff to retrieve their CDP file, Coastal Staff would not
release it! There was serious thought of dispatching the Carlsbad Police
Department to retrieve these city documents. The arrogance of this entity is
astounding!
The Commissioners themselves are a mixed bag of political fence climbers,
and a small minority of others, attempting to make a difference in the
process. Unfortunately the folks that will listen to reason are vastly
outnumbered by stalwarts of the “developers of the coast be damned” club!
Albeit I am a homeowner building a 2700 square foot home on 1.9 acres that
has been reduced to .43 acres due to resource agencies conditions, it does
not matter. I am a developer of the coast!
It was my first real lesson in politics, and unfortunately I faced a tremendous
risk if I did not prevail.
I think the citizens of California need to take a closer look at the California
Coastal Commission and if it is truly needed in our society. After my
experience I am a firm believer that it has outlived it’s usefulness and should
be retired.
Bud, in closing I would like to thank you and your excellent staff, the
Planning Department, and especially Chris Decerbo for supporting me on our
home.
Our dream would n er of become a reality without your support. 7
I cc:
Mi. Chris Decerbo
Mr. Mdce Holzmiller
Mr. Gary Wayne