Coastal Access
April 21, 2009 - HELP SAVE COASTAL ACCESS ON THE EASTERN GAVIOTA COAST!!
A revised survey of public use of various parcels of land in the eastern Gaviota region - from Bacara to Dos Pueblos Ranch - has been created. Please click here to view and complete this important survey if you have ever used any of this area.
Sunday, December 7, 2008
Reportedly the security presence described below has been suspended as of today. We expect them to return in the second week on January as they once again attempt to prepare the site for the CBAR visit. While few (if any) support the development, pulling survey stakes does not advance our efforts. Instead, go to the CBAR site visit to learn more about their proposal, and attend the following hearing and speak your mind. Watch this website and the Makar Residential Project page for information.
December 5, 2008
What we know about the trails to Naples
The following is pieced together from numerous sources and generally considered reliable.
The commonly-used trail to Naples reef -- starting by the white flagpole, crossing the freeway and either crossing the railroad tracks or going west as far as the fence -- is all on land owned by Makar Properties, LLC. Unless you cross through/under the fenceline, you do not cross onto Santa Barbara Ranch, owned by Matt Osgood.
Makar has applied to the County to develop 2 large estates on a 60 and 70 acre parcels. The County Central Board of Architectural Review (CBAR) scheduled a public site visit for Friday 12/5 to see the location of the proposed houses, including "story poles" showing the profile of the buildings. The County required Makar to place survey stakes for the building, then the County's EIR preparer was responsible for erecting the story poles for the CBAR site visit.
In the past week, Makar's surveyors placed the survey stakes, but many of them were removed in an act of vandalism. Makar hired a security firm to patrol the area to prevent this, but the removal of the stakes caused CBAR to postpone its meeting until January 16, 2009. The public should expect that the security presence will re-appear in the week before the CBAR site visit in the middle of January 2009. Everyone is encouraged to leave survey stakes and story poles alone - this is an ordinary part of the County's planning and review process, and do not signify imminent construction. Both the Gaviota Coast Conservancy and Surfrider Foundation, Santa Barbara Chapter are actively monitoring the development review process. Coincidentally, these groups are suing the agencies involved in attempting to annex these lands to provide water service, so there are extensive efforts underway to protect these lands.
The public has a right to access the ocean that is protected by the California Constitution. When the public has made open use of private coastal lands as if they were public lands for a 5 year period without the landowner's permission and without the landowner stopping that use, an easement is formed that allows continued public use of these lands. Often this "adverse possession" or "implied dedication" must be established through legal proceedings, however if the public's use meets the standard, the easement exists and may be raised as a defense to a trespass charge.
The Coastal Commission collected 130 declarations of public use for the Makar trail, but the Attorney General has not filed action. Community members are gathering evidence of public use of the Naples area, and ask that you complete a questionnaire available here and mail it to the address on the questionnaire. Please do so even if you filled out an earlier Coastal Commission survey.
THE FOLLOWING INFORMATION IS NOT SPECIFIC LEGAL ADVICE BUT A GENERAL EXPLANATION OF THE LAW. YOU SHOULD CONSULT A LAWYER FOR MORE INFORMATION ABOUT YOUR SPECIFIC RIGHTS AND RESPONSIBILITIES.
The elements of a criminal trespass depend on the circumstances. California Penal Code §602 defines trespass, and for fenced lands, or unfenced lands with no trespassing signs posted 3 per mile but with no farm animals present, trespass requires a refusal to leave the lands upon the request of the owner or their agent. If there is any act of vandalism, building fires, tearing down signs, digging or causing injury, then the entry is automatically a trespass. Generally, only a peace office may enforce this law, although a citizen's arrest is possible. Thus so long as entry of lands is just to cross to the ocean, with no intent to harm the land or commit vandalism, and there is no personal request to leave, there is no trespass. If asked to leave, one may decide to stand on their Constitutional rights to access the ocean and the historic public use as a reason why they are not trespassing, or they may decide to leave. If they choose to rely on the historic public access rights, they may still be cited or arrested, and then will have to raise the historic public use as a defense during the prosecution process.
Note also there are laws prohibiting crossing freeways on foot. Besides the obvious danger.
HELP US SAVE ACCESS TO NAPLES!!
We are gathering evidence of public use of the Naples area. Help us by completing a questionnaire available here and mail it to the address on the questionnaire.
GaviotaAction.org
Post Office Box 92233
Santa Barbara, CA 93190