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

CCC-13-CD-02 & CCC-13-RO-02 (Caribbean)
The “damage” is the degradation of that ESHA and adjacent habitats, as well as
associated resources, which is caused by the unpermitted development on the subject
property, as described in the prior section.
Without restoration of the ESHA and adjacent habitats, the foregoing impacts are
continuing and will continue to occur. The persistence of these impacts constitutes
“continuing” resource damage, as defined in Section 13190(c) of the Commission’s
regulations.
For the reasons stated above, the unpermitted development is causing continuing resource
damage. As a result, the third and final criterion for the Commission’s issuance of the
proposed Restoration Order pursuant to Coastal Act Section 30811 is satisfied.
D. CONSENT ORDERS ARE CONSISTENT WITH CHAPTER 3 OF THE COASTAL ACT
The unpermitted development at issue significantly impacted coastal resources, including
ESHA, on the subject property. The unpermitted development is therefore inconsistent
with the resource protection policies of the Coastal Act and City LCP, and the resource
damage caused by the unpermitted development will continue unless the unpermitted
activities cease and the subject property is properly restored. Issuance of these Consent
Orders is essential to resolving the violations and to ensuring compliance with the
Coastal Act and City LCP.
The Consent Cease and Desist Order and Consent Restoration Order appended to this
staff report are consistent with and, in fact, are designed to further the resource protection
policies found in Chapter 3 of the Coastal Act. The Consent Orders require Respondent
to remove all unpermitted objects from the subject property, as that term is defined in the
Consent Orders; restore sensitive habitat on the subject property using restorative grading
and planting of SMC and CSS species; mitigate for temporal losses, and cease and desist
from conducting any further unpermitted development on the subject property. As noted
above, the Commission’s staff geologist has determined that removal of the unpermitted
landslide buttress could cause greater resource damage and threaten site stability, and
impact adjacent properties as well, but the restoration work required under these Consent
Orders will nonetheless restore the habitat value affected by the violation.
If the vegetation clearance affected by the unpermitted development is allowed to remain
unmitigated, its presence and the effects thereof will lead to further adverse impacts
(including the temporal continuation of the existing impacts) to ESHA. Therefore, the
Consent Cease and Desist Order and Consent Restoration Order are consistent with the
Chapter 3 policies of the Coastal Act.
E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Commission finds that issuance of these Consent Orders to compel the restoration of
the subject property is exempt from any applicable requirements of the California
Environmental Quality Act of 1970 (CEQA), Cal. Pub. Res. Code §§ 21000 et seq., and
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