Issue:Strands Settlement Agreement & Cease and Desist Order
|Summary||This case began in 2009 when the City of Dana Point adopted ordinances that restricted coastal access to the Strand Beach access areas. The hours that the City decided upon to allow public access were enforced by the installation of gates, locking of said gates and installation of signs. This was done without a coastal development permit – which Commission Staff notified the City was required due to the significant impact on intensity of beach use.
In addition to the Commission working to address this issue, in 2010 the Surfrider Foundation additionally challenged the City’s declaration and the case was taken to court. Litigation has been ongoing, but the City agrees to drop their lawsuit appeals as part of this Settlement Agreement.
This settlement agreement allows for the gates currently present to be locked in the open position at all times and modified to diminish their visual mass; however, the developer and residents may challenge the City and petition the Commission to allow for locking the now un-permitted gates after posted access hours. The agreement also allows for unrestricted access at the Strand Access Areas (unless hours of operation are otherwise authorized under the Coastal Act). Additionally, the city will provide a combination of funds for coastal programs for children at Title 1 schools and construct new trails at the Headlands Reserve as well as install interpretive signs at the access areas and enhance public access; complementing this will be the installation of bike racks and benches. Web-based coastal access information will also be developed in Cooperation with Commission Staff to highlight the public access amenities available at the Headland development.
|Outcome Description||Upon hearing the detailed project history and settlement description, and hearing support from both the City of Dana Point and other invested parties (such as the Surfrider Foundation, the Sierra Club, and Vonne Barnes (local resident) , the Commission voted to approve the agreement.|
|Why You Should Care||This settlement made a clear statement of the Coastal Commission’s authority, the power of the Coastal Act and the ability for sticky conflicts to be resolved through good faith and a shared willingness to do the right thing.|
|Decision Type||Settlement Agreement and Cease and Desist Order|
|Staff Recommendation||Issue Settlement Agreement and Cease and Desist Order|
|Opposition to Project|
|Coastal Act Policies||Chapter 3 Policies|
Voting Detail for Strands Settlement Agreement & Cease and Desist Order
|Mary K. Shallenberger|
View Meeting Page for the meeting where this issue was discussed/voted on.