Presented to California Coastal Commission (June 11, 2014) by Thomas D. Roth 1

Friends of Oceano Dunes Friends of Oceano Dunes is a 501(c)(3) California Not-for-Profit Public Benefit Corporation, comprised of more than 28,000 members, users and supporters. Friends represents off-road enthusiasts, businesses, environmentalists, equestrians, campers, fishermen, and families who enjoy the benefits of public access through responsible recreation at the Oceano Dunes State Vehicular Recreation Area (ODSVRA). Friends is a 100% volunteer organization…no salaries are paid! 2CCC June 11, 2014

Friends has several concerns with the Grover Beach hotel project: with the: #1 the hotel project is being constructed on a parcel that has been subject to an implied dedication since the mid-1960s – dedicated staging area for OHV using the SVRA # 2 the impact of eliminating the staging area used by OHV and equestrians will significantly impede public access to the beach and the coastal dunes # 3 the hotel project proposes relocating the RV Dump Station to an area that is not large enough to accommodate the historical use # 4 the City’s proposed Grand Avenue Master Plan, including flow restriction, street width reduction, and roundabouts will add to traffic problems, further impeding public access 3CCC June 11, 2014

1 and 2. Loss of long-standing OHV staging area Current RV Dump Station Current Staging Area 4CCC June 11, 2014

Implied Dedication Dirt parking lot has been used as a OHV staging area for more than 5 years before State Parks purchased the property in 1971 Under California Supreme Court case in Gion, the area is committed to the public recreational use of OHV staging Subsequent purchase by State Parks does not negate the public trust recreational use 5 CCC June 11, 2014

Evidence Testimony of three witnesses that area was used as staging area before State Parks purchased the parcel (court has ruled that 3 witnesses is sufficient to establish an implied dedication) No testimony disputing use as OHV staging area No testimony that the private landowner tried to stop public use 6 CCC June 11, 2014

Staff Isn’t Following CCC Policy CCC policy and past practice: if there is a potential or possible implied public dedication, CCC staff undertakes a complete investigation in conjunction with the AG’s Office Here, the staff undertook no serious investigation, and thus is not following its written policy 7 CCC June 11, 2014

Substitute Parking Spaces Aren’t Lawful and Won’t Work Staff argues that PRC allows it to modify the time, place and manner of an implied dedication Staff misreads 30214; statute says the Commission can’t limit public rights Even if applies somehow, the project doesn’t reserve larges spaces for OHV staging: it’s just first come, first serve 8 CCC June 11, 2014

2. Relocation of RV dump station Area identified to offset dump station loss is North Beach Campground Requires all RVs to travel North on Hwy 1 Traffic on Hwy 1 will back up due to large demand on busy weekends No large gas stations on Hwy 1, causing some to travel South 9CCC June 11, 2014

2. Relocation of RV dump station North Beach campground would need to be reconstructed to accommodate the RVs from beach camping. Proposed RV dump station is used by the RV campground, not the beach campers. -It is narrow and short -Can not accommodate large traffic -Will cause congestion on Hwy 1 10CCC June 11, 2014 Current RV Dump Station Proposed New Dump Station

# 4 Traffic Impacts a. Study Flawed b. Grand Avenue Issues All traffic analyses EXCLUDE the busiest Holiday weekends, pretending those weekends simply don’t exist That’s the busiest time of the year for SVRA attendance Yet, the traffic studies don’t look at impacts of the project on those weekends Even when the traffic studies look at weekends, they exclude Sundays 11CCC June 11, 2014

Grand Avenue Master Plan “The lane reduction will slow traffic and allow for the opportunity to increase the sidewalk width, providing additional space for landscaping, outdoor cafes, and street vending. The lane reduction proposal includes a landscaped median.” Roundabouts The Highway 1 and Fourth Street intersections serve as main entry points for the City and have the potential to be converted into roundabouts. Roundabouts would create focal points for the District and can improve traffic flow toward the beach. The roundabouts also facilitate easy U-turns, allowing visitors to circle back and find parking. 12CCC June 11, 2014

Grand Avenue Master Plan The Proposed Improvement 13CCC June 11, 2014

Grand Avenue Master Plan The GAMP conflicts with the City of Grover Beach designated Truck Route. This is a disaster waiting to happen in terms of traffic It will significantly impede public access to the beach and the dunes 14CCC June 11, 2014

15CCC June 11, 2014 Summation There is no legal authority to eliminate or change the implied dedication use as an OHV staging area Eliminating the staging area and the RV Dump Station will create traffic issues that will impede public access City traffic studies exclude the busiest Holiday weekends, rendering them misleading and useless City planned changes to West Grande Ave will exacerbate the traffic and public access problems The Commission should find that there is a substantial issue in Friends’ administrative appeal and grant a full hearing