Final Settlement for Access at Strands Beach in Dana Point

Surfrider Foundation celebrates the resolution of a six-year battle for beach access at Dana Point Strands Beach.  The City of Dana Point has been embroiled in litigation with Surfrider Foundation and the California Coastal Commission since 2010.  The April 2016 Settlement Agreement between the City and the Coastal Commission lifted the restrictive beach access hours and secured unrestricted accessways throughout the property.  The Settlement Agreement also provided for the Urgency Ordinance that was passed by the City to allow for the locked gates be rescinded.  Surfrider's initial lawsuit challenged this Urgency Ordinance, and so the City of Dana Point agreed to dismiss the appeal of Surfrider's litigation win as well.

Here are more specifics about the terms of the Settlement Agreement:

First and foremost, the agreement settles the hours and gates on the controversial Central and Mid-Strands access ways. The settlement ensures that there will be access from 5am until 10pm on the Mid-Strand and Central Strand accessways, which were at the heart of the controversy.  Also, the gate at the Mid-Strand accessway must be either removed altogether or locked open 24 hours a day with the wire mesh and spikes at the top of the gates removed.  The settlement also guarantees public access on the South Strand Switchback Trail and on the lower Strand Revetment Walkway to be open for 24 hours a day.  The Strand Vista Park will be open from 5am to 10pm, as well.  The City will delete its prior approval of gates on the Mid-Strand and Central Strand Beach Access, but may go before the Commission to seek a Local Coastal Plan Amendment for the gates.

As for other mitigation to settle the years of ongoing Coastal Act violations, while not admitting to the violations, the City agreed to the following:

• Construction of two more connector trails, the “Trail Connection to Selva” and the “Trail Loop Connection” for access and a public view overlook platform;
• Installation of two new bike racks at the top of the Mid-Strand Accessway and the top of the South Strand Switchback Trail and install six cement-cast benches along the Revetment Trail;
• Development of a mobile applications linkage to Coastal Commission beach access and public amenity information, as well as enhancement of the Commission’s web-based application.  
• The CCC is requiring additional signage, including two informative signs regarding coastal issues, five coastal access signs and four wayfinding signs;
• At least $25,000 per year for six years to fund an educational program in conjunction with Surfrider Foundation at the Ocean Institute, with the objective of providing children from Southern California, and in particular from Title 1 schools, with learning opportunities relating to public access and marine conservation at Strands Beach, such as the impacts on coastal resources associated with global warming, sea level rise, and marine debris.

Finally, the City agrees to dismiss their appeal of Surfrider’s case that has been stayed at the appellate court after the City’s appeal of the decision for Surfrider in 2011 and to dismiss their suit against the Coastal Commission, which it brought against the Commission in May of 2010, challenging the Commission’s exercise of appellate jurisdiction to review the City’s bogus nuisance claim.  Surfrider's litigation effort helped to set precedent to ensure that local municipalities do not attempt to evade the coastal access provisions of the Coastal Act by simply issuing a false “nuisance” decision.  The strong Local Coastal Program Amendment safeguards and requirements for beach access were ultimately supported and upheld through this effort.

Surfrider is happy to report the resolution of this long, hard-fought battle!