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
CARBON BEACH, MALIBU 1.5 miles of pre-existing residential development blocks view of and access to the beach
CARBON BEACH EAST, MALIBU (gates closed at PCH)
CARBON BEACH EAST accessway opened 2005 via CCC-OTD easement
Carbon Beach before accessway opened
CARBON BEACH after accessway opened
Private Encroachments confuse the public
CRYSTAL COVE STATE PARK, Laguna Beach provides low cost visitor recreational opportunities: beach fun, hiking trails, camping, overnight cottages, restaurant
HUNTINGTON HARBOUR pre-existing Coastal Act development
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
New Development = New Public Access Highway 101 expansion, Ventura
CALIFORNIA COASTAL COMMISSION PUBLIC ACCESS PUBLICATIONS
CALIFORNIA COASTAL COMMISSION ORANGE COUNTY BEACH ACCESS MAP
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
BEACH CURFEWS
Coastal Act Public Access Enforcement
Coastal Zone
Definition of Development per Coastal Act 30106 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
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
Catalina Island Coastal Access 22
Capistrano Beach Access Dana Point 23
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http://www.coastal.ca.gov/access/accndx.html October 11, 2012 26
Huntington Harbour City of Huntington Beach Locked, Unsigned Accessway 27
Unlocked, Signed Accessway 28
Torrance Beach Public Parking 29
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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
Ritz Carlton Hotel Resort Complex, Half Moon Bay, San Mateo County 32
Litigation, Monetary Penalties, and Citizen Suits Sections 30803 and 30805 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
Ackerberg Pacific Coast Highway, Malibu, Los Angeles County Property Copyright (C) 2002-2004 Kenneth Adelman, California Coastal Records Project, www.californiacoastline.org 34
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
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
Monetary Penalties (cont) Section 30821 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.