Is the City Liable for Sunset Cliffs Coastal Erosion of Private Properties?

A bunch of condo complex owners at the foot of Bermuda Avenue in Ocean Beach want the city to help them pay for dealing with Sunset Cliff erosion problems on their property.

These Ocean Beach residents say they’re worried coastal erosion could seriously impact their condo complex, Oceanus. Russ Rasmussen, a resident of Oceanus told SanDiego7 News that he moved into his unit 13 years ago. “When I moved in, the bluff was eroding right in front of our complex.”

The station reported:

Since then, owners at the condo complex paid to put in a seawall just below the property. They say it was in 2012. Now though, they find themselves in a similar situation, since coastal erosion is undercutting the other side of their property. For the past four months, residents say, they’ve been trying to address the erosion that backs up to the edge of their street.

“Our seawall is holding the bluff just fine, but the property next to our property, the city property at the end of Bermuda, is eroding to the tune of 60, 70 feet of dirt, of earth,” Rasmussen said.

Rasmussen and other owners at the complex said they’re frustrated and want the city to help pay for the fix, and fast. “Our building can’t fall into the ocean,” Rasmussen said. “I don’t know what else to say except: Help.”

City officials concede coastal bluff erosion is affecting Oceanus, but is not causing issues for any currently maintained public improvements.

Here is an official statement from the city:

“After conducting a geotechnical investigation earlier this year, it was determined that the current coastal bluff erosion is affecting the undeveloped Bermuda Avenue Right of Way (ROW) and abandoned legacy public improvements but is not affecting any currently maintained public improvements.

The active erosion and bluff failure are affecting the private Oceanus Condominiums adjacent to the public ROW; they have flanked their seawall and advanced near their principal structure. This condition is the responsibility of the private property owner and should be addressed by the property owner (Oceanus) through the retention of a geotechnical consultant (or other professional) to advise them regarding the hazard affecting their property and improvements, including the condominium structure.

Mitigation for this condition should be processed with the California Coastal Commission as a part of their Geologic Hazard Abatement District. The property was examined on Jan. 8, and no imminent hazard to the inhabited structure was observed at that time, but the coastal erosion is ongoing. Any mitigation measures elected by the private property owners should be implemented as soon as possible to avoid further erosion creating a hazard to occupied structures. No further action will be taken by the city at this time.”

From SanDiego7:

Rasmussen, who is also on the board of the complex’s HOA, said it has hired private contractors to do a geologic survey and that the HOA is now soliciting bids to do an extended seawall, but they remain hopeful that the city will step in and help too. Those bids are around $600,000, according to Rasmussen.

Any work done would need to first be approved by the the California Coastal Commission, which, Rasumussen said, the HOA has been working with, along with the city.

The California Coastal Commission sent the following statement pertaining to the erosion near Oceanus:

“Assuming that the project boundaries are located wholly or partly within the commission’s permit jurisdiction area, the property owner would be required to apply to the Coastal Commission for a Coastal Development Permit after the city has processed all other necessary local discretionary permits required for the contemplated development. The commission staff would then review any application for conformance with the Coastal Act and certified Local Coastal Program before taking it before the commission at a public hearing.”

As a side historical note: when these condos were being built and then when they were being sold, activists from OB Ecology Action tried to warn the city and prospective buyers of the dangerous and unstable cliffs, and the OB Rag ran at least one article about it. This was circa 1973-74.

Staff
Author: Staff

5 thoughts on “Is the City Liable for Sunset Cliffs Coastal Erosion of Private Properties?

  1. These complexes are a blight on the community and should have never been built. The complexes directly to the north destroyed a public beach when they were constructed.

  2. “Russ Rasmussen, a resident of Oceanus told SanDiego7 News that he moved into his unit 13 years ago. “When I moved in, the bluff was eroding right in front of our complex.””

    Maybe that was a good indication it may be best NOT to move in there?

  3. Both sides sill be playing chicken to see who gives in first. I’m guessing the HOA considering their risk looks higher.

    But I don’t buy the city’s explanation at all. This is a city seawall abutting the end of Bermuda. It has been collapsing for years. The city was pumping concrete down there 3 years ago trying to stabilize the bluff (did they have a permit?) It didnt’ work, it’s eroded past that, past the sewer infrastructure, and cut into the neighboring property behind the wall they installed. I think it’s putting city assets at risk, and the safety of anyone who uses the new beach access… but they don’t care because they figure the HOA will be more motivated to pay for it.

    This real estate photo shows the before condition quite well:
    https://ssl.cdn-redfin.com/photo/48/bigphoto/388/200047388_25_7.jpg

  4. This situation with the condominium was reported quite broadly in the news media, not just here. I wonder what it’s done or will do to the property value?

    /s/ Chris Kennedy

  5. There needs to be a balanced approach- it’s not all or nothing for either side. The coastal commission interprets regulations in place to their benefit, often approving armoring requests when properties ate teetering over the abyss. If properties were legally allowed to be built, then property owners should have the right to protect their property, public beaches notwithstanding.

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