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June 30, 2006 -

No Boaters’ Right To View

Reviewing a court ruling blocking development of coastal property, the Second District of California’s Appellate Court held yesterday that no “boater’s right to view” exists under California law. The decision in Schneider v. California Coastal Commission returns the matter to the Commission to review using those standards set by the legislature, which did not include the boater’s right previously relied upon by the Commission in this case. Schneider first began this attempt to build a home in San Luis Obispo county in 1997.

The Appellate Court didn’t have much sympathy for the Commission, despite some sensitivity to the size of the proposed home (10,000 square feet) and the undeveloped status of the area, writing that:

The Coastal Commission has subordinated a landowner’s real property rights to the occasional boater’s “right to a view” of the coastline. If and when the California Legislature expressly codifies a boater’s “right to a view” of the coastline, the courts can and will lawfully give it credence. But the Coastal Commission is not empowered to legislate a boater’s “right to a view” of the coastline.

Justice Yegan’s opinion also clarified that “[i]n construing [the relevant law], we look to California law not the State of Maine or the U.S. Sailing Association” referring to the Commission’s claims from these non-parties that the view of the coast from occasional passing boaters required their protection.

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Celebrating Independence

Field research in progress.  Hope you’re having a great holiday weekend.

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June 25, 2006 -

Summer Conflict Season

Amarillo Beach (Malibu) beachgoers handcuffed and detained, apparantly because a certain property owner doesn’t know where his property ends, and a certain L.A. County deputy sheriff doesn’t know the law.  The details are in a great column by Steve Lopez at the L.A. Times.

A good one-liner suggesting that more interesting posts are to come: “L.A. County Sheriff’s Department plans to encourage property owners to make citizen’s arrests this year on fabled shores that are home to some of the world’s richest and most famous people.”

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June 24, 2006 -

Styrofoam ban?

Santa Monica is reportedly condering a ban on styrofoam used in takeout food and beverages throughout the city, but reportedly influenced by litter on city beaches.   The article mentions a good point raised by the California Restaurant Association: maybe some consumer awareness on the problems of litter?

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June 21, 2006 -

Crystal Clear

Sometimes you just want signage that’s crystal clear. No equivocating and no misunderstandings.

The skull and crossbones isn’t used nearly enough anymore. Nice to see a return to traditional values.

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June 19, 2006 -

San Diego Bans Beach Smoking

The San Diego City Council has tentatively banned smoking on the city beaches.  This will presumably require the city to buy some larger warning signs.

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Smoking Bans expand

Los Angeles Times article discusses the history and the trend of smoking bans on public beaches.

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June 13, 2006 -

Morro Bay bans beach smoking

San Luis Obispo county had previously banned smoking on piers, but yesterday’s action by the Morro Bay city council extends that ban to city beaches.

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June 8, 2006 -

Liability for Lifeguard Services?

In continuing fallout from strained state funding of lifeguards at state beaches, some residents of Carlsbad are asking their city to provide funding for lifeguards on a stretch of private beach in that town. According to an article in the North County Times, the rationale for the request is that the revenue from beach tourism is so important to the city that added safety, even at city expense, would be good for the community.

But for the city, the key issue is land ownership. The City of Carlsbad doesn’t own any of its beaches, and it has long maintained that it should not provide lifeguards because it doesn’t control the land, Joe Garuba, city senior management analyst, said Wednesday.

City officials have said they believe Carlsbad could face legal liability if the city paid for lifeguards to work in areas Carlsbad doesn’t own. Biltchik [one of the residents] said Wednesday that he has heard there are recent changes in state law that might reduce the liability the city could face if an accident occurred.

Any thoughts or comments on the rumored changes in state laws?

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June 7, 2006 -

That Time Of Year

June gloom has descended on the beaches of Southern California. Field research is limited, which brings out web geekery and some changes for the site to be implemented over the next week. Advance apologies for anything that might temporarily break during the process. Feel free to go look at pretty pictures of sunny beaches while we move forward here.

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Interesting Sites

Beachapedia.org Beachapedia
Cal. Coastal Commission Like them or not, they are one of the biggest players around when it comes to coastal access in California.
Howling Point Your moderator’s personal site. He does have a life outside of this, as shown by the occasional gaps in posting.
Surfrider Foundation Activities and campaigns for clean water, beach access, beach preservation and protecting special places.