City of Pacifica v. Tong CA1/1

I. BACKGROUND

The property which is the subject of these proceedings consists of two parcels (Assessor Parcel Nos. 009-413-010 and 009-413-020) located at 310 and 320 Esplanade Avenue in the City, along with an attached easement for ingress, egress, and parking rights in apartment complexes located across the street (the Property). The Property is owned by Millard W. Tong and Alicia W. Tong, as cotrustees under a declaration of trust dated April 30, 1990 (defendants or the Tongs) and was purchased in 2002 for $6 million. It has a gross land area of approximately 1.7 acres or 74,760 square feet, which includes a flat land area on a bluff overlooking the Pacific Ocean, an area contiguous with the beach, and a 70- to 90-foot-high coastal bluff. The Property is located within the purview of both the California Coastal Commission (Coastal Commission) and the City. It is zoned R-3 for multifamily residential. The Property has good access and panoramic ocean views. However, it also has a history of bluff failure and erosion. A. Property History The Property included two 20-unit apartment buildings located on the flat area at the top of the bluff which were constructed in 1961.…