2008-11-24 TECOMMERCE - Laserfiche WebLink

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WATANABE: Okay. Mr. Yuen? YUEN: Yes. I think – actually, Jeff, if you have a slide, do you have an aerial that, okay, yeah, this is a good one. DARROW: We have some -. YUEN: Yeah, you have quite a few. DARROW: Do you want to come back to this one? YUEN: Right. I think that one is a pretty good one to start with. Also, if you refer to Exhibit 1, the difficulty here is that there was a first violation, which was this road cut down into the gulch and to the sea, and that was originally cited by the Department. And then there was a second road cut from the end of the Uli Road cul-de-sac down to the first violation, and then there was some re-grading along the first violation to the sea. And when the application originally came in, the Department cited the violations and assessed the fine, the applicant appealed the citations to the Board of Appeals – it has been pending for quite some time – but in order to keep the cuts, they needed an SMA Permit, I mean, you can’t simply do a violation and then get to keep what you have done without getting an after-the-fact SMA Permit to allow it to remain. So the original proposal was that both of these, that this cut would be used for the public access – the one from the Uli Road cul-de-sac to the sea. But the Department wanted to see safety measures put in to place and after looking at the difficulty and cost of those safety measures, the applicant has come in with a different proposal where this cut would be closed off at both ends by rock and soil barrier that would be pushed up against so that they can’t be used anymore. And the public access would come down the first cut and to get to the first cut from the end of the cul-de-sac they would follow existing -. There’re existing roads on the property, one of which – and if we could show some of the other pictures I think it might be easier to see the rest of that, and if you look down at your Exhibit 1, this shows how the public access would go – so looking back at the picture, this is Uli Road here, then it goes, there is a road along the gulch that it follows for a segment that’s labeled as 2 on your map. The road stretched to come across here – that’s still labeled 2 on the map – and then 3 cuts across to the edge of the gulch to the road cut here, and then becomes 4 going down into the gulch, and then 5 to the sea. Then there’s also a lateral shoreline access that – let’s see here – that’s the closest we have that shows it. It doesn’t show well on this photo, but they have property extending in this direction and there would be a lateral shoreline access to the property line, and that’s a westerly direction. And so the gist of the SMA Permit is that the SMA Permit allows the use of the first road cut, it allows only limited use by the lot owners for vehicular access strictly for drop-off and pick-up purposes at the beach. It also allows emergency vehicles and pedestrian access. The second road cut would be permanently closed. WATANABE: Thank you. Fellow Commissioners, do we have any questions of the Director with regard to this settlement? Do you want to outline any of these other points within EXHIBIT B 2