HomeMy WebLinkAboutHDP 96-10; Cade Tentative Parcel Map; Hillside Development Permit (HDP) (22)r. -.
STATE OF CA1IFC)RNIA"IHE RESOURCES AGENL * PETE WILSON, GovmKK
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
SAN DIEGO, CA 92108-1725 31 11 WINO DEL RIO NORTH, SUITE 200
(619) 521-8036
NOTICE OF VIOLATION OF THE CALIFORNIA COASTAL ACT
July 11, 1996 CERTIFIED AND REGULAR MAIL 2 279 031 118
Steven Cade
4529 Adams Avenue Carl s bad, CA 92008
PROPERTY LOCATION 4529 Adam Avenue, Carlsbad, San Diego County
VIOLATION FILE NO. V-96-003
Dear Mr. Cade:
Staff of the California Coastal Commission has confirmed that development consisting of installation of a cyclone fence which extends into Agua Hedionda Lagoon and blocks public access has been undertaken on the beach fronting the
above described property. The property is in the coastal zone and the
development has occurred without a necessary coastal development permit in
violation of the California Coastal Act (PRC 30000 et seq. 1. Pursuant to
Coastal Act section 30600, any person wishing to perform or undertake any
development in the coastal zone is required to obtain a coastal development permit authorizing such development.
Development is defined under the Coastal Act as:
"Development means, on land, in or under water, the placement or
erection of any sol id material or structure; discharge or disposal of any
dredged material or of any gaseous, liquid, solid, or thermal waste;
grading, removing, dredging, mining, or extraction of any materials; change in the density or jntensi ty of use of land, including, but not
limited to, subdivision pursuant to the Subdivision Map Act (commencing
with Section 66410 of the Government Code), and any other division of
land, including lot splits, except where the land division is brought
about in connection with the purchase of such land by a public agency for
public recreational use; change in the intensity of use of water, or of
access thereto; construction, reconstruction, demo1 ition, or alteration of
the size of any structure, including any faci 1 i ty of any private, public, or municipal uti 1 i ty; and the removal or harvesting of major vegetation
other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 451 1).
As used in this section, "structure" includes, but is not 1 imi ted to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical. power transmission and distribution line. (PRC 30106)
* a Steven Cade June 24, 1996 Page 2
In most cases, violations involving unpermitted development may be
resolved by completing an application for a coastal development permit for either the removal of the unpermitted development and restoration of any damaged resources or for authorization of the development "after-the-fact". In order to resolve this matter administratively, vou must immediatelv stoD
dl 1 unDermi tted develoument activities and submit a complete coastal
development permit application to the Commission's San Diego Coast Area office for either the removal of the unpermitted development and restoration of any
damaged resources or for authorization of the development "after-the-fact" by
Auaust 1 . 1996. For your convenience, a permit appl i cation form i s enclosed.
A1 though you have the ability to request after-the-fact approval of the development, based on our review of the facts, it is not likely that
Commission staff would recommend approval of the unpermitted fence to the
Commission as a development that is consistent with Coastal Act policies. Therefore, we do not recommend that you apply for the after-the-fact approval,
but submit .an application for removal and restoration.
Coastal Act section 30820(a) provides that any person who violates any
provision of the Coastal Act may be subject to a penalty not to exceed
$30,000. Section 30820(b) states that a person who intentionally and
knowingly undertakes development that is in violation of the Coastal Act may
be civilly liable in an amount which shall not be less than $1,000 and not
more than $15,000 per day for each day in which the violation persists.
Please contact Bill Ponder at our San Diego Coast Area office, (619) 521-8036, immediately to discuss the resolution of this matter. Failure to comply with this notice wi 11 result in the referral of this fi 1 e to the Commission's Statewide Enforcement Unit in San Francisco for further legal action.
San Diego Coast Area, Offi ce
Enforcement Supervi sor
enclosures: Coastal Development Permit Application Form
cc: Nancy Cave, Statewi de Enforcement Supervi sor
Bi 11 Ponder, San Diego Coast Area Office
11 89A