Cars on the Oceano Dunes south of Arroyo Grande Creek on March 22, 2021. A new agreement in December 2021 temporarily lifts a restriction preventing vehicles from crossing the creek any time it’s flowing to the ocean. Now, cars will be allows cars to cross as long as the water is no more than 12 inches deep. The Coastal Commission had voted to ban vehicle crossings of the creek if any amount of water flowed into the ocean. (David Middlecamp / San Luis Obispo Tribune photo)
Cars on the Oceano Dunes south of Arroyo Grande Creek on March 22, 2021. A new agreement in December 2021 temporarily lifts a restriction preventing vehicles from crossing the creek any time it’s flowing to the ocean. Now, cars will be allows cars to cross as long as the water is no more than 12 inches deep. The Coastal Commission had voted to ban vehicle crossings of the creek if any amount of water flowed into the ocean. (David Middlecamp / San Luis Obispo Tribune photo)

The California Coastal Commission will appeal a recent ruling by a San Luis Obispo Superior Court judge to allow off-road riding at the Oceano Dunes.

Superior Court Judge Tana Coates’ July 19 ruling effectively overturned a Coastal Commission’s March 2021 vote to prohibit off-highway vehicle use in much of Oceano Dunes State Vehicular Recreation Area by 2024.

Coates’ ruling was declared a victory for off-roading advocacy groups, who waged the lawsuits against the Coastal Commission to protect OHV use at the popular state park in southern San Luis Obispo County, and a loss for wildlife advocacy groups, who celebrated the removal of vehicles from the sensitive dune ecosystem.

During a closed session in the Coastal Commission’s Wednesday meeting, commissioners voted to direct legal counsel to appeal the ruling. A notice of appeal was filed in San Luis Obispo Superior Court on Wednesday evening.

The case now moves to the California 2nd District Court of Appeal in Los Angeles.

Coates’ ruling, as well as the underlying coastal development permit at the center of the issue, are put on hold while the case moves through the appellate court. That means off-road riding can continue at the Oceano Dunes.

This area of the beach between the Grand and Pier Avenue entrances to the Oceano Dunes could become the only stretch of beach that would allow vehicle access and camping after the Coastal Commission voted to ban off-roading at the park. (Mackenzie Shuman / San Luis Obispo Tribune photo)
This area of the beach between the Grand and Pier Avenue entrances to the Oceano Dunes could become the only stretch of beach that would allow vehicle access and camping after the Coastal Commission voted to ban off-roading at the park. (Mackenzie Shuman / San Luis Obispo Tribune photo)

Judge: Coastal Commission Acted Outside Jurisdiction in OHV Ban

The Coastal Commission’s March 2021 vote amended the coastal development permit for Oceano Dunes State Vehicular Recreation Area by prohibiting off-highway vehicles on most of the dunes by 2024.

The only area where vehicles were to be permitted after 2024 was a one-mile stretch of beach between Grand Avenue in Grover Beach and Pier Avenue in Oceano, according to the commission’s amendment to the permit.

Friends of Oceano Dunes, an off-roading advocacy group, sued the Coastal Commission shortly after its 2021 vote. The nonprofit organization argued that the Coastal Commission had abused its discretion and not conducted a proper environmental analysis of the impact of its decision.

Coates agreed in part with Friends of Oceano Dunes.

In her July 19 ruling, she found that the Coastal Commission had acted “without, or in excess of (its) jurisdiction” by amending the coastal development permit. She noted in her ruling that the San Luis Obispo County local coastal program, which covers the Oceano Dunes park area, allows for off-highway vehicle use there.

The Coastal Commission therefore couldn’t modify the coastal development permit to completely prohibit the use in a certain area when the local coastal program allowed it, according to Coastes’ ruling.

“There can be no dispute that the proper procedure is for the commission to first propose amendments to the (local coastal program) which authorizes such OHV driving,” Coates wrote in her ruling.

Friends of Oceano Dunes President Jim Suty previously told The Tribune that his organization was “extremely pleased” with Coates’ ruling.

“Friends of Oceano Dunes will continue to fight to protect continued access for camping and OHV use at the Oceano Dunes the way it has been occurring for over 100 years,” he wrote in a July 20 email.

A hummer crosses Arroyo Grande Creek at the Oceano Dunes on April 12, 2023. High flow from Arroyo Grande Creek and high tides sweeping the beach have limited access to the Oceano Dunes to day use from 7 a.m. to 2 p.m. (David Middlecamp / San Luis Obispo Tribune photo)
A hummer crosses Arroyo Grande Creek at the Oceano Dunes on April 12, 2023. High flow from Arroyo Grande Creek and high tides sweeping the beach have limited access to the Oceano Dunes to day use from 7 a.m. to 2 p.m. (David Middlecamp / San Luis Obispo Tribune photo)

Wildlife Advocacy Groups Call for Coastal Commission to Appeal Ruling

During Wednesday’s Coastal Commission meeting, several speakers pleaded for the commission to appeal the ruling to protect sensitive shorebird habitat and tribal resources.

“We applaud the Coastal Commission for what you did in 2021, which did not eliminate all vehicle traffic but favored environmental protection and limited vehicle access in order to comply with the California Coastal Act and the local coastal plan,” Andrea Jones, director of conservation for Audubon California, said during the meeting. “

There is only one Oceano Dunes — we need a balanced approach that provides opportunities for the public and visitors and residents alike to enjoy and experience this rare coastal gem.”

Cynthia Replogle of the Dunes Alliance, a coalition of local community, tribal and environmental groups, told commissioners during Wednesday’s meeting that the alliance was dismayed by Coates’ ruling.

“Tribal concerns about OHV use persist and the desire to halt the degradation of a sacred natural space remains,” Replogle said. “The residents of Oceano have no options for beach recreation free of cars fronting their community, and these residents bear the significant burden of air quality and public health problems with little benefit from park operations.”

“Please continue to defend the necessary changes that best address coastal resource impacts at the Oceano Dunes and will provide environmental justice for local communities, protection of wildlife and respect for cultural sites,” she added.

Mackenzie Shuman is a reporter for the San Luis Obispo Tribune. This story is reposted with permission.