Dana Point sues California Coastal Commission over luxury development
The city contends the state panel has overstepped its authority by pushing the south Orange County city to open the pathways through the compound, which is perched on a promontory above a secluded stretch of coastline.
Tony Barboza
Los Angeles Times
05/26/2010
Dana Point turned up the heat in its battle with the state over posted
hours and locked gates at public access paths through a luxury bluff-top
development by suing the California Coastal Commission.
The city contends the state panel has overstepped its authority by
pushing the south Orange County city to open the pathways through the
compound, which is perched on a promontory above a secluded stretch of
coastline.
The city filed suit against the commission Monday, listing Headlands
Reserve LLC, the developer of the gated community of 118
multimillion-dollar bluff-top homes, as a party of interest.
The Coastal Commission approved the 121-acre development known as The
Strand at Headlands in 2004, but only after a decades-long fight between
conservationists and the developer.
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In the lawsuit, the city argues that the commission "acted in excess of
its jurisdiction" and asks the court to halt the state's attempts to
force it to apply for a permit for the gates and posting hours. Only two
of five access ways built through the development to Strand Beach, the
lawsuit notes, have gates.
Coastal Commission officials declined comment specifically on the
lawsuit, but said their position has been consistent.
"We want to see the gates pulled out to open up public access during the
permit process," said Andrew Willis, a Coastal Commission enforcement
analyst.
City Atty. Patrick Muñoz declined comment Tuesday, writing in an e-mail
that "as a policy the City typically does not comment on ongoing
litigation matters."
The gates and signs appeared late last year after the oceanfront lots
started to sell for as much as $12 million. When the pathways opened in
January, two of the pathways had gates and signs reading "Coastal Access
(Limited to Sidewalk): 8:00 a.m. - 5:00 p.m."
Surfers and conservationists have fought the restrictions, saying that
they prevent access to one of Orange County's great beaches.
"We're dismayed to see the city act in a manner which is clearly not in
the public interest, which would truly be served by maximizing public
access for Dana Point residents and for visitors," said Angela Howe,
managing attorney for the Surfrider Foundation.
In March, the Dana Point City Council approved a "nuisance abatement
ordinance" that ordered the nightime closure of trails to the beach
because of an increase in criminal activities in Strand Vista Park.
