California Coastal Commission Brings to Light the Encinitas LCP and Tries to Eliminate Basement Plans as in Andre Hurst Coastal Permit Application

ENCINITAS, Calif., July 18, 2019 (Newswire.com) - 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 Encinitas LCP doesn't allow basements. 

According to Andre Hurst's attorney, the Encinitas LCP does not prohibit basements in the beach overlay zone. Staff Report includes a claim that the Encinitas LCP does not allow basements along the bluffs. There is no specific language prohibiting basements in the LCP. Of the 21 homes approved in Encinitas since certification of the LCP, 15 have had basements. Five of the homes with basements were approved by the Commission on appeal.

The Staff now contends that basements are not permitted because they cannot be removed. In the homeowner's opinion, the Staff offers no evidence to support this proposed finding. Hurst has submitted a structural removal plan which includes the basement prepared by a licensed California contractor and reviewed by a licensed Geotechnical Engineer. In the homeowner's opinion, the proposed finding that basements are not permitted is merely a make work argument to bolster a weak Staff Recommendation. The homes approved by the Commission with basements include the following. 

A-6-ENC-04-81 (Hendrick) 736 Fourth Avenue

A-6-ENC-06-100 (Zagara) 282 Neptune Avenue

A-6-ENC-09-2 (Wellman) 708 Fourth Avenue

A-6-ENC-09-040 (Okun) 828 Neptune Avenue

A-6-ENC-09-041 (Okun) 824 Neptune Avenue

If the Encinitas LCP had prohibited the construction of basements in the coastal overlay zone, then by evidence of past decisions, this would have been shown. The exact opposite seems to be the case.

Source: Andre Hurst