California Coastal Commission States Historical Decisions in Encinitas to Deny Andre Hurst Application to Rebuild Home

ENCINITAS, Calif., July 18, 2019 (Newswire) -On March 7, 2019, Coastal Commission Staff denied Andre Hurst permit to rebuild his 70-year-old home. In analyzing the staff report the coastal commission staff asserts that the Encinitas LCP prohibits relying on shoreline protection and that this view is consistent with past city and commission actions.

Reliance on existing shoreline protective structures is consistent with past city and commission actions. Only four (4) homes in Encinitas relying on existing shoreline protection have been proposed. Each was approved by the City or the Commission.

a.    CDP Nos. 01-196 (Contino) and 01-197 (Quattro) Were Approved and Not Appealed for 566 and 560 Neptune Avenue. The property at 560 Neptune and 566 Neptune is protected by a previously approved shoreline protective structure for an existing home. The shoreline protective structures were approved on June 10, 1999 in Coastal CDP 6-99-041 and on December 19, 2002 in City CDP 09-078. City CDP No. 01-196 (Contino) and City CDP 01-197 (Quattro) approved on December 16, 2004, authorized the demolition of the existing house and the construction of two new homes. Each of these homes (1) has a basement; (2) is set back 40 feet; and (3) was analyzed by the City for stability taking into account the approved shoreline protection, without which stability could not be established. No appeal of the City permits was initiated by the Commission Staff. If the Commission Staff believed that the LCP required that existing shoreline protective structures could not be relied upon, there would have been an appeal. 

b. The Coastal Commission Rejected a Staff Recommendation to Ignore Shoreline Protection for 820 and 828 Neptune (A-6-ENC-09-40/A-6-ENC-09-41) (Okun). The property at 820 Neptune and 828 Neptune is protected by approved shoreline protective structures. (CDP 6-05-030) , The Okun property is 50 feet away from the Hurst property at 808 Neptune. The City approved the demolition of the existing Okun home which spanned two lots and the construction of a new home on each of the two lots. (City CDP 07-155, City CDP 08-073). Each new home has a basement. Each lot is 50 feet wide, the exact dimension of the Hurst property. The City relied upon the stability provided by lawfully erected shoreline protective structures. The Commission appealed the City decision for Okun. The Commission Staff took the new position that the Encinitas LCP prohibited using existing lawful shoreline protective structures to establish stability. The Commission rejected the Staff Recommendation for Okun and approved both homes with setbacks of 40 feet and basements exactly as approved by the City. 

c. The Commission Has Approved Seawalls for More Than 40 Properties in Encinitas​ Without Limiting What Uses the Seawalls may Serve. Between 1995 and 2004, in more than 20 separate CDPs, the Commission approved seawalls along the Encinitas bluff. There were more than 20 staff reports and more than 20 public hearings. In no case did the Commission impose a condition prohibiting reliance on the seawall for redevelopment of any property. In no case did the Commission make findings that the Encinitas LCP would prohibit the future on development of any property to rely on the approved seawall. 

In Andre Hurst attorney's opinion, if the Encinitas LCP prohibited reliance on existing approved seawalls at some point in this 10 year period, the Commission or the Commission Staff would have stated it. But the Commission record is consistently silent about the application of the Encinitas LCP urged by the Staff Report for Hurst.

Source: Andre Hurst


Categories: County Government

Tags: Andre Hurst, Andre Hurst Encinitas, California Coastal Commission


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