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Issue:Ontario Ridge Trail Cease and Desist Order
DecisionType Cease and Desist Order  +
IssueImage Ontario-ridge-2-300x168.jpg  +
IssueMonth July  +
IssueOutcome Good  +
IssueOutcomeDescription The private landowners claimed they constr
The private landowners claimed they constructed the fences to improve public safety. Responding to this claim, Commissioner Shallenberger emphasized the public's prescriptive rights to access the beach and made this poignant remark: “It’s not up to private property owners to decide what is safe, or not safe, for the public.” The entire Commission rejected the safety argument and unanimously directed the homeowners to remove all unpermitted fences, gates, and signs. The Commission largely based their decision on the fact that the fencing not only violates the Coastal Act, but also circumvents the Local Coastal Plan (LCP), since structures cannot obstruct views or impede access to tidelands.
truct views or impede access to tidelands.  +
IssueReason Coastal access is a core value of the Coas
Coastal access is a core value of the Coastal Act. Both the County and the Commission have repeatedly notified the landowners that their barriers violated the law and needed to be removed. Despite these warnings, the landowners flagrantly dismissed the law (again) and erected more barriers and signs. Commissioner Howell surmised the egregious actions by saying: “Violations like this are exactly why we need the Coastal Commission.”
actly why we need the Coastal Commission.”  +
IssueSummary The Commission heard a Cease and Desist Or
The Commission heard a Cease and Desist Order regarding illegal fencing, gates, and no trespassing signs blocking public access at Ontario Ridge Trail. This heavily visited hiking trail on the San Luis Obispo County coast, has been used for over 50 years to access a popular beach cove and a county park. The Ontario Ridge Trail transverses a private property, yet the trail has “prescriptive rights” dating back to the 1960s. Currently there are only two ways to access the beach—either drive to County Park lot, or hike along the Ontario Ridge Trail. The County of San Luis Obispo acquired two easements to facilitate public access and codify prescriptive rights. Some of the unpermitted fencing is located directly on the County easement. Despite the public having the clear right to utilize the trail, the fences are illegally keeping the public off the beach.
llegally keeping the public off the beach.  +
IssueYear 2,014  +
Lobbyist Gregory Sanders of Nossaman LLP and Dave Watson  +
Policies 30001.5, 30210, 30211, 30251, 30530-31 LCP Polices: Chapter 23.10  +
StaffRecommendation Issue Cease and Desist Order  +
StaffReport http://documents.coastal.ca.gov/reports/2014/7/F10-s-7-2014.pdf  +
Has query
This property is a special property in this wiki.
Issue:Ontario Ridge Trail Cease and Desist Order + , Issue:Ontario Ridge Trail Cease and Desist Order +
Categories Issues
Modification date
This property is a special property in this wiki.
6 March 2015 18:54:48  +
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