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.