Dear City Council Members,
I would like to address your council meeting of Monday April 15 regarding the following matter.
I would like to bring to your attention a long running issue, which is the, by all available information, illegal occupation of a piece of City-owned ocean front property by the owners of 288 West 5th Street. The interest my wife and I have in this matter stems from the fact we own the property across the street, and that the actions of the owners impact both public ocean view and access as well as our own.
It is my understanding that there is a legal dispute about the ownership of the property. I have no intention of inserting myself into a legal discussion, and I will leave that in the capable hands of your City attorney.
Independent of ownership, it is also my understanding that the current situation violates many city and coastal regulations, a summary of which has been compiled by the neighborhood, and is attached at the end.
This piece of property is the southerly extension of Pebble Beach Drive, formerly Taylor Street.
This property was vacated by the City, but there is no documentation of abandonment. In fact, the property was designated Open Space. It being ocean front property, it is also subject to coastal regulations.
Around May 2020 two fences were erected by the new owners of 288 west 5th street, a wire fence blocking public access, and a wooden fence, blocking public view. The wire fence was erected overnight, I might add. The wooden fence was for some time referred to as a shed, but it really was a fence, presumably erected for the purpose of blocking the public view of the hot tub behind it.
What puzzles me is that, while both fences were erected without either city or coastal permits, only the wooden fence was red-tagged and, after several fines were imposed, removed by the owners of 288.
The wire fence blocking public access is still there, and the owners of 288 are in the process of planting shrubbery along it, which has the effect of reintroducing a blocking of the public view.
The effects of this are quite striking. I have attached two photos. The first photo shows the area to the right of the fence, still accessible and perfectly maintained by the City, providing a beautiful ocean view. The second photo shows the inaccessible area to the left of the fence, showing a view from what is supposed to be Open Space, that is completely blocked by uncontrolled willow thicket growth and planted shrubbery.
It would seem to me that the question of ownership is not relevant to the fact that the wire fence is illegal, because it was erected without city or coastal permits.
I believe that the public has a right to an ocean view and access to the property as Open Space, and local and coastal regulations, which exist for a reason, should be enforced.
I am asking you to look into this matter, and, if indeed the wire fence and shrubbery are illegal, to red-tag them and have them removed.
Once the issue of ownership has been resolved, my wife and I look forward to participate in your public bench program, and to have a memorial bench placed on that property for all to enjoy the restored ocean view of this piece of Open Space.
Best regards,
Wouter Roorda
List of events and violations as compiled by neighbors
1. The fence was installed by the current property owner approximately 4 years ago.
2. The neighborhood has continued to oppose the fence and the general occupation of the City owned open space land adjoining 288 West Fifth Street.
3. The neighborhood has formally requested that they be informed of what measures that the City has taken to remove the fence and restore access to the publicly owned area.
4. Section17.84A.120, requires that any existing accessway which the city owns, operates, maintains, or is otherwise responsible for shall not be closed, abandoned, or rendered unusable by the public without first obtaining a coastal development permit unless determined to be necessary for public safety.
5. City requirements include a provision that all applications for new development located along the shoreline or fronting a beach shall include the submittal of a review and/or determination in writing from the State Lands Commission that addresses the proposed project relative to its location or proximity to, or impact upon, the boundary between public tidelands and private property. Any application for development on or along the shoreline filed without such determination shall be determined to be incomplete for filing.
6. To date the neighborhood is not aware of any permit being issued for the fence, though the City’s website clearly states that “(f)ences require a permit” and in this case a Coastal Development Permit.
9. The subject area is recognized by the City to be “Open Space” and the City designated the subject area as such in its Coastal Land Use Plan and the implementing zoning.
10. The City’s definition of Open Space is “…is to set aside areas to be used for permanent open space…”