Rio Del Mar Beach Drive Island
This site is dedicated to bringing information to the Santa Cruz community and coastal visitors about the Rio Del Mar Beach Island (202 to 300 Beach Drive) residential area in Aptos. There has been a good deal of misinformation about this residential beachfront strip of properties, despite recent, very specific Court rulings confirming private ownership of these areas including the privately constructed patios and seawall. A permanent injunction order authorizing fencing at either end of the island was received by the Rio Del Mar Beach Island Homeowners’ Association (“HOA”) on December 14, 2023. Below is a summary of key information, the Final Statement of Decision by Judge Volkmann in October 2022, the status of the judgment against the County, and the HOA’s pending case against the California Coastal Commission.
Beach Drive Island History
Subdivided as part of Aptos Country Club No. 8 in 1928-29, the first homes on the 29 Beach “Island” lots were constructed in 1935 along with small adjoining beachside patios. Additional homes, partitions and fences were also constructed between the 1940’s and 1960’s when no more vacant lots were available. Contrary to certain statements by various County and Coastal Commission representatives, the strip of patios was completely privately built and maintained for the last 90 years, and no County dollars were ever expended to create or maintain a boardwalk, road, or accessway.
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The Rio Del Mar Beach Island HOA was formed in 1980 after major storms damaged many of the properties and a Coastal Development Permit (“CDP”) was obtained which was approved by the Central Coast Regional Coastal Commission for a 786-foot rip-rap seawall (aka “revetment”) and reconstruction of 8 feet of private concrete patios. The seawall has protected the homes, and Beach Drive as well, over the last four decades. Coastal permits, immaterial amendments to the original CDP, and County approvals for various individual home improvements were also issued in the last 40-plus years.
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It’s important to know that CDPs are not required for coastal development completed prior to 1972. Most all of the developed structures on Beach Island predate the 1972 Coastal Zone Initiative and the 1976 Coastal Act.
Beach Drive Island Location
Recent Santa Cruz Superior Court Rulings Against County of Santa Cruz
A Superior Court Judgment has now been entered against the County of Santa Cruz following an October 2022 Final Statement of Decision by then-Presiding Judge Tim Volkmann ruling that the Beach Island property owners in the case Weseloh, et al. vs. County of Santa Cruz (Case No. 18CV03315), hold fee title to the strip of land previously identified as the 37-foot Walk, free of any public easement.
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The County has also executed a stipulated judgment agreeing to pay the 27 Beach Drive Plaintiffs $3.7 million in damages and attorney fees for the County’s unlawful “taking” associated with the December 2018 demolition of legally established fences and walls at 300 and 202 Beach Drive, subject to the County’s right to seek appellate review.
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While the County has indicated it will pursue an appeal of the decision to the Sixth District Court of Appeal in Santa Clara, the Superior Court has also issued a permanent injunction allowing fencing to be installed pending the 1- to 2-year appeal process.
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The October 3, 2022 Final Statement of Decision, Preliminary (now Permanent) Injunction and Court Order and the Judgement for Declaratory Relief, Quiet Title and Damages is provided for interested readers (click document icons below).
December 2023 Coastal Commission Administrative Action Against HOA; HOA Lawsuit Filed December 20, 2023 Against Commission
On December 14, 2023, the California Coastal Commission (“CCC”) applied their administrative enforcement authority in direct contravention of the Superior Court ruling that no public easement across the privately constructed and fully permitted patios on Beach Island exists. Although the CCC imposed major fines, and penalties in the amount of $5.2 million and an Order requiring access, that Order and the administrative fines have been stayed pending a decision in the lawsuit the HOA filed on December 20, 2023 — Rio Del Mar Beach Island HOA, Singh, Puri Trust v. CCC (See Second Amended Petition with Exhibits link to right or below on mobile devices) against the Coastal Commission. This litigation is likely to take 12 to 24 months as well, while the County appeals the adverse ruling against it in the Beach Drive homeowners’ Quiet Title and Inverse Condemnation case.
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The Rio Del Mar Beach Island HOA urges all visitors to this website to review the Court decisions, the Permanent Injunction Order and, more importantly, the 90-plus years of evidence and facts scrutinized and evaluated by the Superior Court during five years of litigation, nine days of trial and the testimony of multiple witnesses as to history of improvements, permitting agency findings and use.
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Thank you.
Rio Del Mar Beach Island Homeowners’ Association
Second Amended Petition with Exhibits
The Introduction to the Coastal Commission Lawsuit
