by Laura Garber
For decades, Hermosa Beach walkstreet homeowners have been allowed to enclose city property in front of their homes with a low wall that runs the width of their lots and is approximately 20 feet deep. A $1,590, one-time fee allows walkstreet homeowners to use the city property as a private patio.
PLAN Hermosa, adopted in 2017, states “right-of-way easements along walk streets… serve a dual purpose of protecting views and providing outdoor patio or porch space.”
But a recent California Coastal Commission has raised questions about how long and under what conditions the walkstreet encroachments will be allowed to continue.
Last December, the Coastal Commission imposed a five-year limit on the front yard encroachment of an 18th Street walk street property whose owner wishes to redevelop the property. Redevelopment in the Coastal Zone (extending 1,000 feet east of the high tide line requires Coastal Commission approval.)
Property owners Paul and Sandra Kalemkiarian propose to replace their home at 28 18th Court with a new residence and two accessory dwelling units (ADUs). The Commission approved the plan on the condition that the wall in front of their home, which encloses a 671-square-foot encroachment of city property, be reviewed in five years.
The Coastal Commission conditions also prohibit the Kalemkiarian from making changes to the encroachment area, “including additional improvements, repairs, and maintenance,” without the Commission’s approval.
The new encroachment conditions will be recorded as deed restrictions, binding future property owners.
The Commission’s staff report states the time limit allows for “continued discussions between the City and the Coastal Commission to address the City’s encroachment program and the fees assessed for the use of public land.”
A Coastal Commission spokesperson said Tuesday the amount of the encroachment fee has not been discussed with the City. The spokesperson also said the fees would be used to improve public access in the coastal zone.
Hermosa’s current one-time permit fee is meant to recover staff implementation costs. Some corner Strand properties were given title to their encroachments in an early 1990s court settlement. City encroachments are not subject to property taxes, according to Consumer’s Title Company.
The Coastal Commission staff has expressed interest in an annual encroachment fee, but the City has no plans to change the one-time fee, according to an email from Hermosa’s Public Information Officer.
The walk streets run from 3rd Street to 21st Street in the Sand Section, and also include 30th and 31st streets.
Because Hermosa Beach lacks a certified Local Coastal Program, the Commission retains permitting authority over significant coastal zone development.
The 18th Street development was approved unanimously by the Coastal Commission, when it was placed on its December “consent” calendar.
Hermosa Beach Councilmember Ray Jackson, who is a member of the Coastal Commission, said this week he will express his opinion on the walkstreet encroachment condition when the issue comes before City Council.
He added, “Coastal access is everything we do. Impeding or limiting access to anything in the coastal zone has to go through the Commission.” ER
Walkstreet Properties sell for higher prices because they get use of the walkstreet patio areas. Since they paid more for the house they are paying higher Property Taxes. The government benefits through property taxes.