In response to our concerns that the access ramp would encroach onto the public beach, CalTrans simply redrew their right of way. Does this constitute a takings of public land, falsification of data, gross negligence, abuse of power, or all of the above?
September 27, 2010
Subject:US 101 High Occupancy Vehicle Project Ventura County Board of Supervisors Hearing Appeal of Conditional Use Permit (CUP) LU09-0085
This letter is in response to the comments received at the BOS Hearing from the Surfrider Foundation (Ventura Chapter) and our previous discussions with Mr. Larry Manson. The Surfrider Foundation's input was taken seriously, and modifications to the design were made in response. We have enclosed updated plans showing additional access points to be constructed within our right-of -way or within the prism of the rock revetment. These plans are consistent with the Ventura County Coastal Permit.
Caltrans believes that the proposed project provides safer beach access when compared to existing conditions. This is also true for the new bikeway, of course the project will change the classification of the highway to a freeway according to Caltrans Highway Design Standards and the California Highway Patrol (CHP). Therefore, parking will no longer be allowed along the freeway shoulder pursuant to CA vehicle code, Division 11, Chapter 9, section 22505 and will be enforced by CHP. The emergency parking shoulder will be reduced from 19ft to 8-ft. Also, the highway between the Tank Farm and Mussel Shoals is the most constrained by the railroad and the ocean and there is no additional land to move the bikeway off the highway to provide additional parking.
Should the Surfrider Foundation propose additional access location, Caltrans would be emendable to collaborate with you and seek a grant for a separate project.
Paul Jenkin is the Environmental Director of the Ventura County Chapter of the Surfrider Foundation, and founder of the Matilija Coalition. The Surfrider Foundation is an international environmental organization dedicated to the protection and enhancement of the world’s waves and beaches through conservation, activism, research, and education (CARE).
Since 1994, Paul has worked to restore the coast and watershed where he lives, in Ventura, California.