Summary
Appeal by Commissioners Mitchell and Brennan of CDP issued by the City of Encinitas to applicant that would include retention and removal of portions of an unpermitted private stairway leading from the blufftop to the beach; replacement of unpermitted railroad ties on the bluff face, and construction of a retractable staircase on the upper bluff.
Why You Should Care
It would set a terrible precedent to allow unpermitted, illegal private structures (including staircases) to be built in the coastal zone. The beach belongs to the public. The public deserves an environment with a minimum of illegal, private structure marring the coastal landscape.
Outcome
Pro-Coast Vote
Anti-Coast Vote
The Commission agreed with the applicant that a staircase of railroad ties existed pre-Coastal Act but that there had been significant unpermitted improvements that needed to be removed. Commissioner Brennan made a motion that allowed the applicant to keep existing railroad ties that pre-date the Coastal Act (also allows for maintenance with required permits); requires applicant to remove private staircase (and prohibits any new construction); and requires applicant to remove railroad ties on State Park property.
Organizations Opposed
Decision Type
CDP Appeal
Staff Recommendation
Removal of unpermitted staircase and related development based on staff belief that the Staircase had been built after the Coastal Act was enacted.