PRSRT STD U.S. POSTAGE PAID ENCINITAS, CA 92024 PERMIT NO. 94
THE COAST NEWS
.com MAKING WAVES IN YOUR NEIGHBORHOOD
VOL. 31, N0. 15
APRIL 14, 2017
SAN MARCOS -NEWS
Seawall case heads to Supreme Court in May .com
By Aaron Burgin
ENCINITAS — The state Supreme Court will hear arguments in May on an Encinitas seawall case that could have far reaching implications on the state Coastal Commission’s authority regulating the beach barriers. The state’s high court is scheduled to hear arguments in San Francisco at 9 a.m. May 4 in Lynch v. California Coastal Commission, nearly seven years after a pair of Encinitas residents contested the state agency’s decision over their request for a seawall permit. The court’s decision could determine if the state Coastal Commission has the authority to impose time limits on privately erected seawalls along the state’s coastline. The case has garnered statewide attention and pitted environmental activists, who believe the state’s regulatory authority The state Supreme Court will hear arguments on an Encinitas seawall case in May. File photo over the structures protects beaches from being depleted of sand, against private property owners who say the state has encroached upon their rights by impos- By Bianca Kaplanek ing time limits on such perSOLANA BEACH — mits. While some nearby cities It involves the Coastal are debating whether to Commission’s decision in prohibit short-term rentals 2011 to impose a 20-year or simply regulate them, time limit on a seawall per- Solana Beach officials remit requested by a pair of cently took action to enEncinitas residents, Barba- sure and maximize the ra Lynch and Thomas Frick. collection of transient ocThe families were seeking cupancy taxes. to replace their aging woodCouncil members en seawall with a concrete at the April 12 meeting one after the seawall was approved a voluntary almost wiped out during agreement with the popthe winter storms the previ- ular online booking site Solana Beach council members recently approved a voluntary agreeous year. Airbnb, which has similar ment with Airbnb in which the popular online booking site will collect The Supreme Court in contracts with other cities the 13 percent transient occupancy tax all short-term vacation rentals 2014 voted to take the rare such as Los Angeles, Palm are required to pay the city. Photo by Bianca Kaplanek
step of reviewing the case after the Fourth District Court of Appeal ruled earlier that year in favor of the Coastal Commission when it reversed a lower court’s THE decision in the case. VISTA Superior Court Judge NEWS Earl Maas originally ruled in 2013 that the state commission overstepped its authority when it applied the clause requiring Lynch and Frick to reapply for a permit for the seawall for the families’ homes on Neptune Avenue after 20 years. The appeals court decision also reversed Maas’ reversalRANCHO of the Coastal Commission’s decision to deny SFNEWS the families a permit to reconstruct a private staircase from their properties to the beach below. The city of Encinitas approved their applications, but the Coastal Commission stepped in and denied the permit for the staircase and would only allow the families to rebuild the wall with the 20-year stipulation, to which the families agreed. The Coastal Commission has argued that by agreeing to the conditions, the families waived their rights to sue. The families contend they signed the documents under protest and duress, as not signing them would delay the construction of the seawall and put their homes in peril. Because the appeals court’s opinion is published, it could have far-reaching implications on property owners with private seawalls across the state, because it affirms the commission’s authority and discretion over their approval and conditions of approval.
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City takes step to ensure TOT collection from vacation rentals Desert and San Jose. The agreement is limited to the collection of the taxes paid by visitors and is not a mechanism for proactive code enforcement. “As such, Airbnb would not release personal confidential information of its hosts and the City would not be able to identify specifically where the TOT funds come from,” according to the staff report. The contract was non-negotiable and Solana Beach was required to TURN TO TOT ON A21
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