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HomeMy WebLinkAboutCDP 97-59; Levy Residence; Coastal Development Permit (CDP) (37)- City of Carlsbad August 27, 1998 Rusty Areias, Chairman California Coastal Commission 3 11 1 Camino Del Rio North, Suite 200 San Diego, CA 92 108- 1725 RE: California Coastal Commission Appeal #A-6-98-98 Dear Mr. Areias: The California Coastal Commission appeal of the Levy Residence and Second Dwelling Unit along Buena Vista Lagoon appears to be based upon two incorrect “substantial issues” findinas as discussed below: Access to the subject property The Coastal Commission stafs position is that there is no Commission approved access to the subject property. City review of any lot line adjustments includes a review of all easements on the subject property as well as on property that serves to provide access and utilities. Our records show that lot #3, adjacent and to the south of the subject property is encumbered by a number of easements. Of particular importance is a 40 foot wide private easement from Mountain View Drive across lot #3 to the subject property for ingress, egress, street improvements, drainage and utilities. This easement was recorded on August 2, 1984. On August 7, 1984 an irrevocable offer to dedicate a public access easement and declaration of restrictions in favor of the California Coastal Commission was recorded. There is no record of a subordination agreement affecting the access rights to the subject property. Therefore, when the City reviewed the lot line adjustment, access requirements were satisfied. Our codes do not allow us to create “land locked” parcels. (see attached adjustment plat and portion of the title report) It should be noted that other private access easements to the subject property have existed since at least 197 1 and that the Cities of Carlsbad and Oceanside also have access and maintenance easements across lot #3. Your staffs appeal indicates concern that the siting of the road to the subject property should be in the least environmentally damaging alignment. In fact, that was a consideration in the City’s review of the coastal development permit (CDP). The proposed road, located in the 40 ft. easement is currently occupied by a maintenance road. The location of the access road was fully reviewed by the appropriate state and federal resource agencies. You should note that the location of the public access easement that the Coastal Commission holds is in a sloped and environmentally sensitive area. Legality of the lot The Coastal Commission staffs interpretation is that a coastal development permit (CDP) was required for the lot line adjustment (ADJ 47 1) processed upon the subject property in October, 1997. The City did not require a CDP for this specific lot line adjustment for the following reasons: The subject lot line adjustment, modified the lot lines between Mr. Levy’s two existing legal lots which front along Buena Vista Lagoon, but did not result in the creation of a greater number of parcels, greater total lot acreage, or a greater intensity of development than existed prior to the lot line adjustment. 2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 (760) 438-1 161 FAX (760) 438-0894 @ -. Pursuant to Section 2 1.201.030 of the Carlsbad Municipal Code (CMC), “any applicant wishing to undertake a development (defined in Section 2 1.04.107) in the coastal zone shall obtain a coastal development permit”. Section 2 1.20 1.107 of the CMC specifies that “Development in the coastal zone includes a subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code)”. Subsection 66412(d) of the California Government Code specifies that the Subdivision Map Act shall be inapplicable to “a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created”. In that the Subdivision Map Act clearly does not apply to Mr. Levy’s lot line adjustment, it does not qualify as “development” in the coastal zone and therefore did not require a coastal development permit. Please be reminded that this is consistent with the Supreme Court finding in Landgate, Inc. vs. California Coastal Commission 17 Cal4”’ 1006 (1998). Also pursuant to PRC 930106 and CMC 921.04.107 , the subject lot line adjustment in 1997 did not qualify as “Development” because it did not change the density or intensity of the use of the land, it did not involve any construction or modification of the land and by itself it did not and could not affect public access. You should note that the City shared the Commission’s concerns about the developability of the subject property because of its proximity to the wetlands. To ensure sensitivity and compatibility, the City rezoned the two existing legal parcels to R-1-30,000 (30,000 sq. ft. minimum lot size) in 1986. The rezoning was also a LCP amendment that clearly showed the two parcels and that was approved by the Commission. The Commission also accepted the LCP zoning map in 1996 when CDP jurisdiction was transferred to the City. Based on the above, it appears that there are no substantial issues associated with the City’s approval of CDP 97-59. The project fully complies with all policies and provisions of the City of Carlsbad’s Mello I1 LCP segment. Sincerely, MICHAEL J. HOLZMILLER Planning Director ATTACHMENTS C: Carlsbad Mayor and Council Members City Manager Assistant Planning Director Assistant City Attorney, Rudolf Principal Planner, Chris DeCerbo John Levy Deborah Lee, Deputy Director for South Coast \ \ PARCEL A \ i I Policy No- 982430 -0- Page 6 SCHEDULE B (CONT. 1 AC AD AE AF Part I1 GRANTED TO: PURPOSE : RECORDED : AFFECTS : NANCY KEITH TANAGLIA (A) INGRESS AND EGRESS (B) THE CONSTRUCTION, INSTALLATION, REPLACEMENT, REPAIR, MAINTENANCE AND USE OF ROADS AND STREETS, AND ( C ) THE CONSTRUCT ION , INSTALLATION, RE PAIR, MAINTENANCE AND USE OF UNDERGROUND LINES, WIRES, MAINS, PIPELINES, CONDUITS , CABLES AND FACILITIES FOR UTILITY PURPOSES AND USES, INCLUDING, BUT NOT LIMITED TO SEWER, WATER, GAS, POWER, TELEPHONE AND TELEVISION AUGUST 1, 1975 AS FILE NO. 75-202937, OFFICIAL RECORDS THE ROUTE AFFECTS A PORTION OF SAID PARCELS 2 AND 3 AS MORE FULLY DESCRIBED IN SAID DO-NT 22. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EXEMENT AFFECTS : PURPOSE : ACCESS EASEMENT TO MAINTAIN DRAINAGE FACILITIES LOT 3 OF MAP NO. 11007 23. AN ZASEMENT FOR THE PURPOSE SHOWN BELOW hD RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT AFFECTS : PURPOSE : "PROPOSED PRIVATE ROAD EASEMENT" LOT 3 OF MAP NO. 11007 24. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE : RECORDED : AFFECTS : NATIVE SUN INVESTMENT GROUP, A CALIFORNIA LIMITED PARTNERSHIP INGRESS AND EGRESS, STREET IMPROVEMENTS, DRAINAGE AND UTILITIES AUGUST 2, 1984 AS FILE NO. 84-294255, OFFICIAL RECORDS THE ROUTE AFFECTS A PORTION OF SAID PARCELS 2 AND 3 AS MORE FULLY DESCRIBED IN SAID DOCUMENT 25. AN IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS, DATED AUGUST 7, 1984 BY AND BETWEEN NATIVE SUN-CAREW, a General Partnership, AND THE CALIFORNIA COASTAL COMMISSION, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEXEIN, RECORDED AUGUST 15, 1984 AS FILE NO. 84-309895, OFFICIAL RECORDS.