Posted on Jun 3rd, 2013

                    IMPORTANT NOTICE – PLEASE READ
TO:                  ALL OWNERS
FROM:             R. John Crawford, Board President
DATE:              MAY 31, 2013
On April 26, 2013, 8 condominium homeowner’s associations, including ours, filed a legal action against the City of Solana Beach over its adoption of a flawed Local Coastal Program – Land Use Plan (LCP/LUP).  With the help of the Pacific Legal Foundation, the BBC also filed a separate action against the City, in addition to its previously filed action against the California Coastal Commission.  The lawsuits are necessary because the City’s LCP/LUP includes invalid provisions that infringe our coastal property rights.  We are hopeful that the suits will bring about the changes and modifications that are needed to ensure fairness, certainty and peace of mind.
The primary concerns addressed by these lawsuits are as follows:
  1. All new seawall permits will expire in 20 years.
  2. Permits to modify or expand existing seawalls will require a 20-year expiration date for the entire existing seawall.
  3. Private beach stairways could be phased out or converted to public use.
  4. No new construction, even on existing foundations, would be allowed within approximately 70 or 80 feet of the coastal bluff edge.
  5. Potentially redundant and exorbitant mitigation fees.
While litigation can be expensive and unpredictable, the expense of this case is being shared by 8 condominium associations that have each agreed to pay a monthly amount based on the total number of condominium units.  That being said, it is possible that your HOA will incur additional unforeseen expenses related to this action.  In addition, the LCP/LUP provisions addressed in the litigation may impact property values.
Copies of the lawsuit are available in the Association’s office and our website.  You can also access it on the Internet by pasting the below link into your browser.
If you have any questions, please do not hesitate to contact me.
R. John Crawford,
DMBC President