Consent Cease and Desist Order No. CCC-13 - State of California

CCC-13-CD-02 & CCC-13-RO-02 (Caribbean)
fuel modification, and the size of the project, including by requiring the elimination of a
tennis court and associated structures, and golf cart path originally proposed on the lower
western portion of the property with the other proposed development.
On August 18, 2005, Coastal Commissioners appealed the development on the project
site approved by the City. On September 16, 2005, the Commission found that the appeal
raised substantial issues and overturned the City’s approval of the local coastal
development permit.
The project design was subsequently reduced and modified since the original appeal. At
the April 2012 meeting, when at the time the property owner was Mehrdad Safari, the
Commission approved the reduced and modified project. The approved project consists
of the following: grading and construction of a 14,017 square foot, two-story, singlefamily
residence and two separate one-story accessory buildings.
A geotechnical investigation prepared by a previous owner’s geotechnical consultant
(dated November 11, 2003) indicates that there are four areas of landslides on the site.
Three of the landslides are located near the front property line contiguous to Caribbean
Drive. In addition to the residence on the subject property, development authorized by the
CDP includes a new driveway (supported by caissons) leading to the residence from
Caribbean Drive and remediation of landslide areas along Caribbean Drive by excavating
and installing a seismically stable keyway, compacted soil, geogrid and plantable crib
retaining wall system with native vegetation (up to 20-feet in height). The plantable crib
retaining walls will visually blend with the landscaped slopes to enhance the appearance
of the neighborhood including the rectified landslide areas, as required by the City.
The residence and landslide remediation structures are approved on the eastern portion of
the subject property, generally separate from the areas impacted by the unpermitted
development at issue, which are located for the most part on the western portion of the
site. The landslide supported by the unpermitted buttress at issue is located at the upper
northwest corner of the western portion of the site. Since this area is covered with ESHA
and no new development is proposed in this location, remediation of this landslide was
not reviewed as part of the CDP application. However, the Commission staff geologist
does note that the landslide buttress is currently functioning to stabilize the site and its
removal or modification could result in geological instability and consequent impacts to
ESHA resulting from potential slope failure, as well as disturbance from installation of
any necessary remedial measures.
In approving the CDP, the Commission found that development had occurred on the
subject property project without required Coastal Act authorizations, including the
development described above in Section V.A. The CDP authorizes Respondent to restore
native scrub habitat that was impacted by the unpermitted development. Through
implementation of the required restoration program, Respondent will restore and enhance
a minimum of 1.9 acres of native scrub habitat on-site with CSS and SMC. In addition to
the habitat restoration and enhancement, Respondent will preserve an existing 8.6-acre
area of habitat on site that includes ESHA.
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