1、STATE OF CALIFORNIATHE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAN FRANCISCO, CA 94105- 2219 VOICE (415) 904- 5200 FAX (415) 904- 5400 TDD (415) 597-5885 Staff: CAC-SF Staff Report: April 25, 2005 Hearing Date: May 12, 2005 STAFF REPORT A
2、ND FINDINGS FOR NOTICE OF VIOLATION AND CEASE AND DESIST ORDER CEASE AND DESIST ODER: CCC-05-NOV-04 and CCC-05-CD-06 RELATED VIOLATION FILE: V-4-05-031 PROPERTY LOCATION: 26520 Latigo Shore Drive, Malibu, Los Angeles County (APN 4460-019-145) (Exhibit 1) DESCRIPTION OF PROPERTY: A .20-acre parcel lo
3、cated between the seaward side of Latigo Shore Drive and the beach, containing a 3,519 square-foot single-family residence built on an artificial fill slope that fronts an approximately 61 linear foot-long stretch of sandy beach PROPERTY OWNER: Sepideh Homayun PERSON SUBJECT TO THIS ORDER: Sepideh H
4、omayun and Michael Homayun VIOLATION DESCRIPTION: Unpermitted grading (cut and fill) of the beach and construction of a rock revetment using mechanized equipment. SUBSTANTIVE FILE DOCUMENTS: 1. Executive Cease and Desist Order No. ED-05-CD-02; Items 14e, 14f CCC-05-NOV-04 3. Coastal Development Perm
5、it No. 4-97-168 and 5-88-794; 4. Amendment Application No. 4-97-168-A1, 4-97-168-A2; 5. Exhibits 1 through 20. CEQA STATUS: Exempt (CEQA Guidelines (CG) 15060(c)(2), and Categorically Exempt (CG 15061(b)(2), 15037, 15038, and 15321). I. SUMMARY OF STAFF RECOMMENDATION This violation involves the con
6、struction of a rock revetment on the sandy beach seaward of the Homayun residence located at 26520 Latigo Shore Drive in Malibu (“subject property”). A contractor acting on behalf of Sepideh Homayun and her husband, Michael Homayun (hereinafter, Sepideh and Michael will be collectively referred to a
7、s “the Homayuns“), arranged for the use of mechanized equipment to remove sand from the beach, creating at least one large trench. He then constructed a revetment by placing rocks in the trench and replacing the sand. This activity constitutes development, as defined in Coastal Act Section 30106, an
8、d requires a Coastal Development Permit (“CDP”) pursuant to Coastal Act Section 30600. The Homayuns did not apply for or obtain a CDP from the Commission. Furthermore, the revetment violates conditions of previously issued CDP No. 5-88-794 and 4-97-168-A2. In particular, CDP No. 4- 97-168-A2 provide
9、d for a deed restriction prohibiting the use of shoreline protective devices on the subject property. The subject property consists of a .20-acre beachfront parcel located on Latigo Shore Drive, southwest of the Latigo Shore Drive/Pacific Coast Highway intersection in Malibu. A 3,519 square foot sin
10、gle-family residence built on caisson foundations is located on the property. Between the residence and the beach is a slope comprised of fill materials that were imported and placed on the beach by Caltrans in approximately 1927. The property fronts an approximately 90 linear foot stretch of beach,
11、 known as Latigo Beach. The unpermitted development on the subject property addressed by the Order consists of grading (cut and fill) and construction of a rock revetment on the sandy beach below the residence. In addition, the construction of the rock revetment involved the unpermitted use of mecha
12、nized equipment on the beach. The Coastal Commission has jurisdiction to take enforcement action to remedy these violations because the violation involves development that is prohibited by a CDP previously approved by the Commission. In addition, it appears that the rock revetment may be located on
13、public CCC-05-NOV-04 and 3) the offer to dedicate the lateral access easement seaward of the residence. These recorded documents were in the chain of title before Sepideh Homayun purchased the property, thus putting her on notice that development would require a coastal development permit prior to c
14、onstruction and that shoreline protection was prohibited. B. History of Violations 1. Description of Subject Property 1This was the second amendment to CDP No. 4-97-168. The previous amendment, 4-97-168-A1 increased the square footage of the residence 50 square feet to 3,456 square feet. 4-97-168-A1 was deemed immaterial and became effective on June 16, 1999. Staff is unaware of any authorization for the apparent increase in the size of the residence from 3,456 square feet to 3,519 square feet.
