All of the undersigned are neighbors of Ure and Dianne Kretowicz.
As we have indicated to the Commission on several prior occasions, we strongly oppose the development of a public access at the residence of Ure and Dianne Kretowicz, 7957 Princess Street in La Jolla.
We endorse the creation of an emergency access — but we strongly oppose the creation of a public access. There are numerous reasons for our opposition to the proposed public access.
? The construction of the improvements that will be associated with the establishment of the proposed public access at the Kretowicz residence will further destabilize an already unstable bluff. The destabilization of the bluff that could result from the creation of the proposed public access could far exceed the destabilization of the bluff that could result from the prior unauthorized improvements and the additional improvements and modifications of Ure Kretowicz. Local residents and the Commission have previously expressed concern about the destabilization of the bluff that could result from the prior and planned improvements and modifications of Ure Kretowicz. ? Another public access is located in close proximity to the Kretowicz residence.
Only 600 feet separate the existing public access on the side of the Marine Room Restaurant and the proposed public access at the Kretowicz residence. ? The portion of Princess Street that terminates at the Kretowicz residence is only 14 feet wide. Two automobiles cannot pass each other on this narrow portion of Princess Street. Although several no parking signs are currently in place, automobiles are frequently parked illegally on this portion of Princess Street. With the creation of the proposed public access, there will be an almost certain increase in the number of illegally parked automobiles on this very short and very narrow portion of Princess Street.
? There is very limited room for parking on the portion of Princess Street and the portion of Spindrift Drive near the proposed public access. In addition, the overflow parking from the existing public access that is located only 600 feet from the proposed public access will result in blocked driveways and illegal and double parking throughout our neighborhood.
? The pocket beach below the Kretowicz residence is very small and very dangerous. Unanticipated rising tides frequently trap individuals who access the pocket beach from the existing public access that is located 600 feet from the proposed public access. Several weeks ago, a helicopter was required to rescue a man who was trapped on the pocket beach because of unanticipated rising tides.
? The staircase to the pocket beach that will be an important component of the proposed public access will be steep and narrow and accident-prone.
? The lifeguard station at the Cove and Kellogg Beach are too distant to patrol the small pocket beach below the staircase. Will a lifeguard station be established to patrol the pocket beach, and who will fund the operation of a lifeguard station?
The four indented paragraphs that appear below were included in the statement Patrick Daniels, one of the neighbors of Ure Kretowicz, submitted to members of the Commission during the meeting of the Commission in San Diego on Nov. 14, 2007.
As indicated in the filings of the California Coastal Commission, Ure Kretowicz did not receive permission from the Commission for numerous improvements he made to his residence and surrounding property over the years. Settlement talks between the Commission and Ure Kretowicz reached an impasse when Ure Kretowicz brought suit against the Commission approximately two years ago. [ Kretowicz v. California Coastal Commission ]
A recent report of the California Coastal Commission cataloged the unpermitted improvements and modifications that have occurred at the Kretowicz residence over the years. According to the report of the Commission and the lawsuit titled “Kretowicz v. California Coastal Commission,” Ure Kretowicz undertook a minimum of eight improvements without a coastal permit.
The eight unpermitted improvements of Ure Kretowicz are listed below:
1. A wall / fence and gate at the entrance to the vertical access easement. 2. Landscaping and irrigation on the bluff face.
3. A significant increase in the square footage of the Kretowicz residence. 4. Modifications to a detached historic structure.
5. Driveway encroachment into the public right-of-way.
6. The construction of a large wall in the public right-of-way. 7. The construction of a second- story patio terrace.
8. Grading and recontouring the face of the bluff.
In its report, the California Coastal Commission indicates that additional unpermitted improvements Ure Kretowicz constructed at his residence are still under investigation.
It is important to note that Ure Kretowicz did not receive prior approval from the Commission for numerous unpermitted improvements he made to his residence and surrounding property after the Nov. 14, 2007 meeting of the Commission.
We recognize the obvious connection between the decision of Ure Kretowicz to withdraw his opposition to the development of the public access and the decision of the Commission to grant after-the-fact approval for numerous and very significant unpermitted improvements to his residence and surrounding property.
As we have indicated to the Commission on several prior occasions, we strongly oppose the after-the-fact approval of numerous unpermitted improvements to the residence and surrounding property of Ure Kretowicz in exchange for an easement that will permit the creation of a public access at the Kretowicz residence.
We believe that important moral and ethical issues are associated with the offer of the Commission to grant after-the-fact forgiveness for numerous prior unpermitted improvements and approve additional and somewhat questionable improvements and modifications in return for an easement that will permit the creation of a public access. We believe that the proposed “exchange” is neither fair nor equitable from the standpoint of the residents of our neighborhood or, for that matter, the citizens of the entire State of California.
We recognize that Ure Kretowicz is very wealthy and very influential, and we are very concerned that the proposed “exchange” will establish a dangerous precedent that will lead to similar exchanges between the Commission and other wealthy and influential individuals in the future.
The Public Hearing Notice ( the “Notice” ) of the Commission is dated September 20, 2018. Some residents of our neighborhood did not receive the Notice until September 25, 2018.
The staff of the Commission obviously required considerable time to organize and write the 31-page staff report, with 187 pages of exhibits and 53 pages of correspondence, that includes important information about the subject Application. The undersigned believe the period of time the Commission granted to interested parties to respond to the Notice and 31-page staff report, with 187 pages of exhibits and 53 pages of correspondence, was and is inadequate.
Given the late issuance and late receipt of the Notice, we were not given sufficient time to (1) read and appreciate the significance of the Notice, (2) obtain, read and absorb the contents of the complex staff report with 187 pages of exhibits and 53 pages of correspondence, (3) discuss this matter among ourselves and (4) prepare and submit written materials to the staff and members of the Commission prior to the Public Hearing.
We require additional time to discuss the subject matter and frame a detailed response to the Notice, and we respectfully request the members of the Commission to reschedule the subject matter for consideration at a future meeting of the Commission in order to enable the undersigned to provide
a more complete response to the Notice.
We admire and respect the work of the Commission on behalf of all the citizens of the State of California. However, we respectfully suggest that the proposed exchange that is described in this letter is not in keeping with the high standards and best traditions of the Commission.
We reiterate our support for the creation of an emergency access at the residence of Ure Kretowicz and reiterate our strong opposition to the creation of a public access.
We also reiterate our strong opposition to the after-the-fact approval of the unpermitted improvements to the residence and surrounding property of Ure Kretowicz.
The undersigned respectfully request the members of the Commission to vote no on the subject matter.
As an alternate action, the undersigned respectfully request the members of the Commission
to reschedule the subject matter for consideration at a future meeting of the Commission in order to enable the undersigned to provide a more complete response to the Notice.
Respectfully,
– The Neighbors of Dianne and Ure Kretowicz