OUR COAST TO KEEP. Coastal Public Access. Linda Locklin, Coastal Access Program Manager California Coastal Commission

Transcription

1 OUR COAST TO KEEP September 5, 2014 Coastal Public Access Linda Locklin, Coastal Access Program Manager California Coastal Commission Andrew Willis, Enforcement Analyst California Coastal Commission

2

3 CARBON BEACH, MALIBU 1.5 miles of pre-existing residential development blocks view of and access to the beach

4 CARBON BEACH EAST, MALIBU (gates closed at PCH)

5 CARBON BEACH EAST accessway opened 2005 via CCC-OTD easement

6 Carbon Beach before accessway opened

7 CARBON BEACH after accessway opened

8 Private Encroachments confuse the public

9 CRYSTAL COVE STATE PARK, Laguna Beach provides low cost visitor recreational opportunities: beach fun, hiking trails, camping, overnight cottages, restaurant

10 HUNTINGTON HARBOUR pre-existing Coastal Act development

11 New Access to Huntington Harbour thru Coastal Commission permit BEFORE- Area closed off to any public access Thank you Orange County Coastkeeper!! AFTER- public enjoys harbour waterways

12 New Development = New Public Access Highway 101 expansion, Ventura

13 CALIFORNIA COASTAL COMMISSION PUBLIC ACCESS PUBLICATIONS

14 CALIFORNIA COASTAL COMMISSION ORANGE COUNTY BEACH ACCESS MAP

15 OUR MALIBU BEACHES App App designed in 2013 by independent journalist Jenny Price - 30,000 downloads in first year, now available in Android and Spanish

16 BEACH CURFEWS

17

18 Coastal Act Public Access Enforcement

19 Coastal Zone

20 Definition of Development per Coastal Act Change in land use or intensity of use Change in access to water Placement of any structure or solid material Removal of major vegetation Grading Construction, reconstruction or demolition of any structure

21 Chapter 3 Policies Public access and recreation Limitations on fill of wetlands Environmentally sensitive habitat areas ( ESHA ) Scenic and visual qualities of coastal areas Archaeological and cultural resources

22 Catalina Island Coastal Access 22

23 Capistrano Beach Access Dana Point 23

24 24

25 25

26 October 11,

27 Huntington Harbour City of Huntington Beach Locked, Unsigned Accessway 27

28 Unlocked, Signed Accessway 28

29 Torrance Beach Public Parking 29

30 30

31 Enforcement Tools Executive Director Cease and Desist Order EDCDO ( 30809) if staff finds any person has undertaken or is threatening to undertake unpermitted development Commission-issued Cease and Desist Order CDO ( 30810) if the Commission finds any person has undertaken or is threatening to undertake unpermitted development

32 Ritz Carlton Hotel Resort Complex, Half Moon Bay, San Mateo County 32

33 Litigation, Monetary Penalties, and Citizen Suits Sections and authorize the Commission to initiate litigation to seek injunctive relief and civil fines. Section 30820(a)(1) provides that any person who performs development in violation of the Coastal Act may be subject to a penalty amount that shall not exceed $30,000 and shall not be less than $500 Coastal Act section 30820(b) states that, in addition to any other penalties, any person who knowingly and intentionally performs or undertakes any development in violation of the Coastal Act can be subject to a civil penalty of not less than $1,000 nor more than $15,000 for each day in which the violation persists Citizens can also bring suit under 30803

34 Ackerberg Pacific Coast Highway, Malibu, Los Angeles County Property Copyright (C) Kenneth Adelman, California Coastal Records Project, 34

35 Consent Agreement and Cease and Desist Order Amendment Perform no further unpermitted development. Remove all unpermitted development and open access easements. Design and construct the public accessway improvements across the vertical public access easement. Undertake all work required under the Agreement and open the accessway. 35

36 Consent Agreement and Cease and Desist Order Amendment (cont.) Pay to MRCA $35,000/year for 10 years for operating and maintaining the vertical accessway. Pay $350,000 to Violation Remediation Account (VRA). Pay $160,000 to VRA for each year from January 1, 2013 until the access easements are open and available (~$290,000). Pay $170,000 in attorney s fees. 36

37 Monetary Penalties (cont) Section authorizes the Commission to impose administrative civil penalties in an amount not to exceed $11,500 per day per violation in which the violation persists.