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February 16, 2010 -

Limited Access at Dana Point

Surfrider’s twitter feed pointed out a great L.A. Times article on new attempted limitations for coastal access arising from new development at Dana Point.  As reported in the article, if the community’s attempted limits remain there will be no surf access before 8:00 am, and the access will close as early as 5:00 pm on some days.

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October 19, 2009 -

Coastal Commission Gets Tough

An article in the San Diego Union-Tribune details a case here in San Diego where homeowners failed to remove riprap ‘temporarily’ installed on an emergency basis in 2001.  Under the emergency permit the riprap was supposed to have been removed by May 2001.  Eight years later the homeowners have agreed to a $45,000 fine and to correct the violations.

The Coastal Commission has issued fewer than 10 such fines in the county in the past 20 years, because usually homeowners make an effort to comply with the rules, said Nancy Cave, a supervisor with the commission’s enforcement division. In the case of the Browns, Cave said, the commission’s decision came after years of inaction by the homeowners.

“This isn’t a common thing, and when it does happen it’s really important to take action because other people have gone through the process, and it would be unfair to exempt someone from the same requirements,” Cave said.

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June 24, 2008 -

Money and Art

The San Diego Union-Tribune is reporting that California’s ‘Whale Tale’ license plate is going to be changed due to a dispute over royalties between the Coastal Commission and the original artist, Robert Wyland.  The state has reportedly collected $40 million from the special plate since it was introduced in 1997.

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May 3, 2008 -

Beaches Get Expensive

State budget difficulties are reportedly behind the proposal to end free parking at Tamarack State Beach in Carlsbad.  According to the North County Times, the Coastal Commission is scheduled to vote on a proposed $8 parking fee this week.

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August 31, 2007 -

Encroachment on Public Beaches in Long Beach?

The Los Angeles ABC affiliate (KABC-TV) has a short piece on a reported Coastal Commission investigation of encroaching improvements from private homeowners onto public beaches along the Alamitos Peninsula.

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March 28, 2007 -

New Case: Feduniak v. California Coastal Commission

California’s Sixth District Court of Appeals issued an opinion today in Feduniak v. California Coastal Commission, rejecting a claim of estoppel against the Commission by homeowners in Monterey County.

The Feduniaks had purchased a home on 17-Mile Drive in the Asilomar Dunes area of Pebble Beach in Monterey County. The lot included a three-hole pitch-and-putt golf course, which was installed without permits or permission. As part of the permitting process for a previous construction permit, the previous owners had given the Commission an easement “recorded an irrevocable offer to dedicate an open space easement, which incorporated by reference the specific provisions of the permit, in which they agreed “to restrict development on and use of the Property so as to preserve the open-space and scenic values present on the property and so as to prevent the adverse direct and cumulative effect on coastal resources and public access to the coast which could occur if the Property were not restricted.” The easement was recorded, but not picked up by the title search company used by the Feduniak’s in their purchase of the home.

After receiving the permit, the prior owners modified the plan without informing the coastal commission, constructing the golf course. The Feduniaks relied on the assertions of the prior owners, and the title company report, when purchasing the property, and believed their were no issues with the property as it was being used. They reportedly would not have spent the $13 million for the property if the golf course were not there. When the golf course was discovered to be a violation, they claimed the Coastal Commission was estopped from requiring it’s removal.

Their claim was based on evidence the commissioner members had seen the golf course and it had been in place for a number of years prior to their purchase of the property. The trial court agreed, ruling that “the Commission should have known that the golf course violated the easement and permit restrictions because (1) the golf course was easily visible, (2) it had been there for 18 years, and (3) the Commission did not inspect the site for compliance until 2002.”

The appellate court disgreed. They held that knowledge of the golf course’s existence was not the same as knowledge that the golf course was a violation, and that the Commission had no duty to inspect the site for ongoing compliance. They also held that policy reasons can prevent estoppel from being applied against government agencies, and those reasons were present in this case.

The Appellate Court did note that the Feduniaks may well now have causes of action against both the prior owners and their title insurance company.

Impacts for coastal property owners: Clear law that prior violations are not erased by a sale, or grandfathered into legality by the mere passage of time. It should be interesting to see where this dispute goes from here.

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Interesting Sites

70 Percent Good site focusing on reporting and documenting break conditions for waveriders
Coastal Marine Resource Center Non-profit from the New York-New Jersey Harbor Bight
Free PB Opposition to additional beach regulations at San Diego’s Pacific Beach
Race for the Oceans A forum for swimmers and swimming fans to dive in to ocean conservation.
Surfrider Foundation Activities and campaigns for clean water, beach access, beach preservation and protecting special places.