When Vonne Barnes heard about a new law that gives the California Coastal Commission more power to impose heavy fines on those who restrict beach access, she quickly shot out a letter.
In Barnes’ case she was tired of being blocked from enjoying one of her favorite beaches and wants the people who shut the gates to Strands Beach in Dana Point to pay. She’s not alone.
The new law was passed July 1, and while it’s too soon to see who will be fined, it could mean developers, homeowners and others blocking beach access could have to pay more than $11,000 a day.
Along the Orange County coastline, there are about 70 violators on a list of those obstructing access to the coast, according to the Coastal Commission.
Previous to the July 1 ruling, the commission had the power to seek legal action against those they thought unfairly cut off beach access – but the process would often get tied up in the judicial system, sometimes for years, making it difficult to impose changes.
“I think it will be a good tool for us,” said Andrew Willis, enforcement analyst for the commission. “It’s good for the state and people who want to access the coast. We’ll make sure obstacles to the coast are removed quickly. It’s certainly good for beach-going.”
The Coastal Commission was founded on the idea that the group should maximize coastal access for everyone, Willis said.
“It’s a resource for all of the people of the state, not just the people who live there on the coast,” Willis said. “In order to make sure everyone is able to use this resource, we need to be able to ensure the access ways are open, there’s parking available, people are able to understand how to get to the beach and how to access the beach.”
Willis said he couldn’t discuss ongoing legal cases, such as Strands in Dana Point, or whether the commission will impose the fine on the developer and the city. For years, the beach access way has been a hotly debated topic and an example of the fight about who gets to go to the beach during what hours.
Surfrider, a nonprofit based in San Clemente, was a supporter of the newly passed bill – introduced by California Assembly Speaker Toni Atkins – advocating on a statewide level for its passage.
In Los Angeles County, Malibu is a major violator of public access, with private owners of property putting up fake “no parking” signs, fences and “no trespass” signs over public access ways that lead to the coast, according to Howe.
The Coastal Commission was able to win a case in Malibu last year against a developer who built a tennis court where a walkway to the beach was supposed to exist. The case was settled in court, and the walkway was put back in.
“Litigation can be quite lengthy. This new process is certainly now streamlined. Hopefully we can get these access ways open more quickly,” Willis said.
No enforcements have been handed out. There’s a notice period of 30 days for landowners to remedy the issue. If the owner refuses, the fines will be assessed.
Fines range from several hundred dollars to $11,250 per day. Money collected goes to the Coastal Conservancy to pay for beach access improvement.
Willis said there have been many success stories in Los Angeles and Orange County, without the necessity of citations or litigation.
A recent case at a beach in Torrance involved a condo development approved 20 years ago, with a condition that a public access parking lot for beach access was maintained. Then suddenly, the gate allowing entrance to the parking lot was shut.
“Maybe they were tired of people parking there, and they closed the gate and didn’t re-open,” Willis said. “This was a heavily used lot; it was a free lot as well.”
After contacting the property owner, the issue was quickly resolved and the gate is now open to allow beachgoers access to parking.
In Huntington Harbour, there are several cases of people blocking direct access to small beaches, including walls that have been built along walkways,” Willis said.
“There are a number of requirements for developments that require walkways, so people can walk along the harbor,” Willis said.
In San Clemente, a gate was built on a condo complex property across the access way that gave a view of the pier. Permits for the condo required public access to a walking trail along the property and the point overlooking the ocean. That case is ongoing.
Beach advocates are looking forward to the new law allowing more access to the public.
“Part of our mission is the protection and enjoyment of the coastline,” Howe said. “You protect what you love. People have to get to the beach to enjoy it.”
At Strands in Dana Point, access ways to the north and south of the project are not gated and provide access at all hours, but other access ways are gated and have limited hours, from 8 a.m. to 7 p.m. during summer and 8 a.m. to 5 p.m. during winter.
“We’re trying to make it so the public can use the beach and not have it gated off, not just for the wealthy. Just for everyone,” said Barnes.
The Coastal Commission and Surfrider Foundation have been embroiled for years in a legal battle over Strands Beach against the developer and the city of Dana Point. Normal hours for beach access along other parts of the state are typically from 5 a.m. to midnight.
“It’s still cutting out several hours of daylight,” said Angela Howe, legal director for Surfrider Foundation. “We think they should be within those hours, at the bare minimum.”
Contact the writer: lconnelly@ocregister.com
