HomeMy WebLinkAboutV 87-01; H. Von Packard; Variance (V) (11)', STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMUIAN, Gowmor
CALI FORNl A COASTAL COMMISSION
SAN DIEGO COAST DISTRICT
1333 CAMINO DEL RIO SOUTH, SUITE 125
SAN DIEGO, CA 92108-3520
(619) 297-9740
H. Von Packard, Jr.
P.O. Box 4517
Carlsbad, CA 92008
October 24, 1989 ECEEVEB
OCT 25 1389
Re: Violation #V6-89-19/Coastal Development Permit #6-87-198
North side of Park Drive, approximately 1,000 feet southeast of
Calavo Drive, Carlsbad, San Diego County. APN 207-100-54,55,56
Dear Hr. Packard,
The above-referenced coastal development permit to subdivide the subject site into four parcels was approved by the Coastal Comnission on May 14, 1987. On November 7, 1988 we received a letter from Lance Schulte, of the City of
Carlsbad Planning Department, that indicated that you were seeking the
approval of "As Built' changes to approved grading plans for "Von Packard"
PE:2.87.27. In this letter, Mr. Schulte indicated that the proposed "AS
Built" changes were inconsistent with the City's Hillside Development Permit
for the subject site and suggested that they may be inconsistent with the
Coastal Development Permit for the project. We have also received a copy of
the letter sent to you by Lance Schulte, dated April 24, 1989, requesting that
you submit plans which indicate how your proposed "AS Built" changes differ
from your approved permits.
In response to a call from you regarding this matter, an application for Amendment to Development Permit was sent to you on May 1, 1989 requesting that
you include all plans required by the City which document the difference
between the "AS Builts" and the previously approved plans. Subsequent to this
date, a routine monitoring site inspection was performed on the site and it
appeared that the site had not been developed in accordance with the approved
plans of your Coastal Development Permit. You are advised that this activity
may constitute a violation of your coastal development permit, and, therefore,
of the Coastal Act itself.
You should be aware that the Coastal Act, Section 30820, stipulates that any person who violates the Coastal Act may be subject to civil fines, not to
exceed ten thousand dollars ($10,000). Additionally, Section 30821, states
that "In addition to any other penalties, any person who intentionally and
knowingly performs any development in violation of this division shall be
subject to a civil fine of not less than fifty dollars ($50) nor more than five thousand dollars ($5,000) per day for each day in which such violation
occurs.
. -.
H. Von Packard, Jr. October 24, 1989
Page 2
Your coastal development permit was issued according to the information contained in the application, and approved subject to certain standard and
special conditions; development not in accord with any of the conditions of that permit is a violation of the Coastal Act. In order to determine whether
the subject development is in violation of your approved Coastal Development
Permit, it will be necessary to determine how the existing development differs
from the approved plans of your permit. including differences in slopes, grading, open space areas, runoff control measures, and house placement to our office for review by November 1,1939. If
you have any questions regarding this letter, you may contact Hilary Lord of
our enforcement staff or me at (619) 297-9740. If no response is received by
that date, this matter may be referred to our legal staff for settlement.
Please submit this information
Sincerely,
Ellen Lirley Enforcement Officer
cc: Hilary Lord, District Office Sheri lyn Sarb, Chief of Permits
Hike Borax, City of Carlsbad
(0561 V)