By Eric Heinz
As the city of San Clemente inches closer to finalizing a draft to be sent to the California Coastal Commission of its Coastal Land Use Plan, some community members still have concerns about the legal wording within some of its sections.
During the Tuesday night City Council meeting, the homeowners of Capistrano Shores Mobile Home Park and the city of San Clemente continued to iron out the details of how the homeowners can protect their houses from imminent flooding and other natural disasters. One of the provisions of the CLUP, homeowners allege, is that if 50 percent or more of their home is damaged, they would not be able to repair it or rebuild it. Also, homeowners said they believe the CCC interpretation of repair would be recognized as constructing a new structure, which under the CLUP would be subject to not being allowed to establish protective walls from fierce ocean conditions.
Since the CLUP was recommended to City Council for adoption, Capistrano Shores residents have collectively and individually lawyered up to address each of their concerns.
According to the homeowners, the California Coastal Act, which would be the ultimate authoritative law over the CLUP, does not require some of the provisions the city’s draft initiates.
The CCC recently enacted policy changes to not allow new revetment walls to be built to protect structures. Because Capistrano Shores has existed for decades, the homeowners feel they still have a right to protect their property.
The homeowners have said they are prepared to enter litigation with either the city or the CCC if revisions to the document are not made.
What the CLUP would ultimately do is give the city of San Clemente near-ultimate authority to approve permitting in the coastal area, which is designated about 1,000 feet from the shoreline inland. Having a consistent code with the CCC would enable to city to go through a local process of development and permit approval without having to wait for a commission meeting.
The CCC would still be the ultimate authority on all activities within its jurisdiction.
The current CLUP is still in draft status for City Council and needs to be approved and revised by the CCC in order for the city to adopt it. The timeline is still to adopt the CLUP by spring 2017, unless further delays occur. The discussion of the CLUP was continued to the second City Council meeting in January so that staff can have time to address the specific concerns of the Capistrano Shores Mobile Home Park homeowners.
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