California CoastWatcher, August 2005 



California CoastWatcher
August 2005

We Love The Coast! 

California CoastWatcher is a monthly Internet publication regarding proceedings of the California Coastal Commission and news of protection and loss of coastal resources in California. CoastWatcher is a publication of the Sierra Club’s California Coastal Program.

The California Coastal Commission met in Costa Mesa, Orange County, on August 9-12, 2005.

For pictures of the entire California coast, from the present going back over 30 years, go to www.californiacoastline.org

For staff reports, agendas, analysis of development proposals and information regarding the California Coastal Commission, go to www.coastal.ca.gov

For the California Coastal Act, go to here.

To join Sierra Club’s Great Coastal Places Campaign or to subscribe or review past issues of California CoastWatcher or learn more about coastal destruction and protection in California, go to Sierra Club.


QUOTES:

“No individual…claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for a public purpose, nor to destroy or obstruct the free navigation of such water…”
-California Constitution, Article 10, Section 3.

“There is no such thing as a ‘private beach’ in the State of California.”
-Steve Hoye, Executive Director, Access for All.

"I think we ought to protect this coast. It's a beautiful coast."
-President George Bush, August 10, 2000. http://www.kcra.com/health/4883165/detail.html

"It's rather amazing all of this is happening. When I first started dealing with Bolsa Chica, we were talking about a marina and residential housing in the area that's being restored."
-Mel Nutter, League for Coastal Protection activist and former Chair of California Coastal Commission, quoted regarding the $125 million dollar restoration of the Bolsa Chica Wetlands in Huntington Beach (Orange County). For a short history on the various development proposals fought over the years, go to the Modesto Bee.

"It's been operating for 40 years without the necessary permits."
-Catherine Caufield, Executive Director, Environmental Action Committee of West Marin (EAC), commenting on the amazing specter of “Lawson’s Landing,” the largest unpermitted trailer park/campground on the entire California coast. Playing host to 233 trailers on makeshift, homemade sewers, and up to 1,000 campsites daily, the “park” is located on Tomales Bay tidelands and sand dunes characterized as the “crown jewel” of the California Coast. Creeks in the sand dunes are home to deer and other wildlife, and at least 14 species of plants. Finally, after decades of looking the other way, Marin County officials are in the process of undertaking environmental review of Lawson’s Landing. For the story, go to here. To download the entire Draft EIR, go here http://www.co.marin.ca.us/eir


Lawson’s Landing trailer park/campground, Marin County 2002

“When I get my place, I'm going the same route David Geffen did before he finally caved in under pressure from the California Coastal Commission and opened the gates. If anyone tries to set one toe on my beach, I'll have lawyers chasing them all the way home to Glendora. I don't care if it is public property, and I may bring in guards on three-wheelers — like so many high-rollers do — to patrol the perimeter.”
-Steve Lopez, LA Times, August 24, 2005, in a story entitled ‘Malibu: How the Other Half Leases’ in which Lopez describes his investigations into Malibu summer beach rentals in the $10-50,000 per month range. To get in on the fun, go to the Los Angeles Times.

“I don’t want to feel ashamed that I haven’t done enough. I want to feel I’ve changed things and made a difference. I hope this isn’t just some cheap messianic complex. But I feel a great sense of urgency about the planet- not just about the sharks, but about all living things. Don’t forget, I’ve been diving for 40 years in the most remote spots and I can tell you with certainty that the sea is emptying out. There’s less of everything. We don’t have much time left to turn things around. It feels like the barn’s burning down, and us cows are still inside.”
-Lauren Hutton, Actress

“Everything that can be counted isn’t worth counting, and everything that is worth counting isn’t always countable.”
-Albert Einstein, Scientist

“Teddy Roosevelt had a deeply personal, almost spiritual sense of patriotism. Those may sound like conservative virtues, but they turned Roosevelt into a crusader: He railed against the notion that private interest always trumps public good. Roosevelt believed that base materialism tempted people into indolence and greed.”
-John McCain, US Senator (R-Arizona)

WEBSITES, NEWS BRIEFS & NOTES:

California’s Trillion Dollar Coastal Economy Now Well Documented. According to a new report, the total Gross State Product of California's ocean economy in 2000 was approximately $42.9 billion. In addition, California's ocean economy was responsible for nearly 700,000 jobs in 2000. Download the entire report at www.sccoos.org/ and http://resources.ca.gov/. Read about the report in the Santa Cruz Sentinel.

Padilla Sworn In As New Commissioner. This month Steve Padilla was sworn in as the newest member of the Coastal Commission. Padilla, who also serves as Mayor of Chula Vista, replaces San Diego City Councilmember Scott Peters, who resigned from the Commission this summer. Padilla was appointed to the Commission by Assembly Speaker Fabian Nunez, and will serve four years on the Commission in the capacity of San Diego Region local elected official. A small bit of Padilla’s work was chronicled in the Long Beach Press Telegram.

Aldinger’s First Full Meeting. The Commission’s other new member, Manhattan Beach City Councilmember Jim Aldinger (who replaced Toni Iseman and is an appointment of the Senate Rules Committee), also had a very productive first full meeting. Aldinger’s efforts were in the San Francisco Chronicle.

Commission Takes Over on Fargo Pool Project. No grading plan, no drainage plan, work occurring during gnatcatcher breeding season, no lighting plan to protect adjacent Scripps Canyon Preserve and the City of San Diego issues an exemption for permits with no environmental review whatsoever. Not only that, but when the Coastal Commission learned that the pool being constructed was the second pool for the single family home, they had heard enough and voted unanimously this month to assume jurisdiction and hear an appeal regarding the project. Immediately thereafter the Commission Executive Director issued a Cease and Desist Order requiring that work stop immediately. The latest news was that the owner was defiantly continuing the work anyway on the advice of local lawyers, in a rush to finish the pool project on the assumption that once finished the Commission would be unlikely to order the pool deconstructed. We’ll see.


Fargo’s hillside pool, on Scripps Canyon Preserve, La Jolla. August 2005


Commission Refuses Public Hearing on Coral Casino Expansion. Even though developers claimed to have spent nearly $10 million on planning an expansion to the private swim club Coral Casino in Santa Barbara, on Wednesday August 10 the Coastal Commission couldn’t find any coastal issues associated with the giant private beachside development, not the new restaurant, not the crumbling seawalls, not the loss of historic landmark status, not the difficult coastal access situation or the choking traffic that is Channel Drive in Santa Barbara.


Coral Casino Swim Club, Santa Barbara 2004

Whaler’s Cove Restored! Bringing a close to an unhappy chapter in the history of California coastal access, on August 10 the Coastal Commission unanimously denied an appeal from a nearby rancher that will allow the Peninsula Open Space Trust (www.openspacetrust.org) to re-open the long closed public accessway to Whaler’s Cove beach adjacent to Pigeon Point Lighthouse in San Mateo County. Although it seems like centuries ago, during the 1990s when extremist Dan Lungren was California State Attorney General, he undertook one of the worst assaults against coastal protection ever. Among other things that Lungren did was refuse to represent the Coastal Commission in litigation, thereby crippling their ability to respond to legal challenges, and negotiate a private secret agreement with the owners of a 2.7-acre parcel above Whaler’s Cove that allowed them to extinguish long held public beach access rights and to construct a 10-unit bed and breakfast above the cove. Although the mini-resort was ultimately constructed, in stepped POST, who purchased the property and in an unprecedented “development for habitat” proceeded to deconstruct the resort. Now the property has been returned to natural habitat and the public access will soon be re-opened. Thanks to POST for an incredible job saving our coast!


Whaler’s Cove Beach, San Mateo (after removal of bed & breakfast inn) 2004


2005 Coastal Commission Half- Year Conservation Voting Scores Published. In an effort to improve analysis of coastal land use decision-making, a coalition of environmental organizations has released a 2005 Half-Year conservation voting analysis of the California Coastal Commission. The report is similar to the analysis that environmental groups have done for the last 18 years, but reflects the Commission most recent decisions. Activists can download and review the report at
http://www.sierraclub.org/ca/coasts/

Join the Coastal Cleanup on September 17, 2005. September 17, 2005 is the annual California Coastal Cleanup Day, when thousands of volunteers will fan out across hundreds of California beaches for cleanup, picnics and festivities. For all the action, go to http://www.coastal.ca.gov/ For a news story, go to Yahoo.

Jericho’s Kids For Clean Waves. On that same weekend, September 17 & 18, you can join world champion surfer Jericho Poppler at her annual Kids For Clean Waves surf contest, held this year in conjunction with the Ventura County Aloha Beach Festival, at California Street Beach adjacent to the Ventura County Fairgrounds. Join Jericho, Patagonia Inc., Sierra Club and many others at this kid friendly event. For more information, go to kids4cleanwaves.

Feds Guess At Cost of Saving Plovers. The US Fish & Wildlife has taken a guess at the “cost” of saving the western snowy plover, and they say that it may “cost” over $600 million, mostly in “lost” recreational opportunities. They arrived at the figure mostly by vastly overestimating the value of “recreation” to include beach driving, then by calculating the “loss” associated with finally ending the practice of driving dune buggies on top of the birds. Then the feds compound the problem by failing completely to properly value the enhanced economic value of a healthy and productive coastal ecosystem. Some firm called Industrial Economics, located on the East Coast of the United States, did the study. For the news, go to Yahoo and the UkiahDailyJournal. For the report, go to www.fws.gov/pacific/sacramento


Banded Western Snowy Plover

Wildlife Activists Win Santa Cruz Lighthouse Field Litigation. Lighthouse Field Beach Rescue (LFBR), a local group of wildlife activists, has won their lawsuit against the City of Santa Cruz, for the City’s failure to require an Environmental Impact Report (EIR) associated with their illegal decision to allow Lighthouse Field Park to be destroyed by unleashed domestic dogs. Now a Court of Appeals decision requires that the City protect the park. The park, previously known for its native bird populations and monarch butterflies, has in recent years become known for untethered dogs and copious amounts of dog feces. For the news, go to the Monterey Herald and Santa Cruz Sentinel.


Lighthouse Field Park, Santa Cruz, 2003

Florida Developer Buys Endangered Species Habitat in Pacifica. A developer from Miami Beach Florida has managed to purchase the 87-acre Pacifica Quarry in San Mateo and last week revealed in the San Francisco Chronicle and San Mateo County Times that he hopes to build one of the most dense development projects ever in California. Don Peebles claims he’ll turn Pacifica into Carmel if he can just build 400 homes, a 250-room resort and shopping centers- a $600 million dollar dream on property he was able to acquire for just $7 million. As the Coastal Commission has made clear to many other real estate speculators over the years, the Quarry property lies between the ocean and Highway #1, and is bounded by Calera Creek, home to federally endangered California red-legged frogs and San Francisco Garter Snakes. Not only is Peeble’s project not allowable for wildlife reasons, but Highway #1 would also have to be expanded, which is impossible due to the fact that it lies directly adjacent to said Calera Creek. Latest News: And then in a Donald Trump like blunder, Peeble’s announced in yet another San Francisco Chronicle story that he intended to work with the “City of Pacifica” to obtain a “management contract” to operate the nearby Harding Park Golf Course. Unfortunately, Harding Park is owned and operated by the City of San Francisco, and no one at Harding has ever heard of Peebles… San Francisco Chronicle.


Endangered Species Habitat and wetlands at Pacifica Quarry, San Mateo Co. 2004

City of Newport Beach Demands CCC Hearing on LCP. Last month City officials in Newport Beach (Orange County) were all bluster and huffing in their demand for an immediate hearing before the Coastal Commission on their long overdue Local Coastal Plan (LCP) submission. It is true that Newport Beach is one of the last coastal communities to create an LCP. Yet their efforts to push for a public hearing in Humboldt County- nearly 1,000 miles from Newport Beach – were a thinly veiled attempt to hide the fact that residents of the community strongly object to efforts to allow even more development in the congested little community. And there is also the small matter of Newport Beach’s failure to identify and protect, as a matter of policy, wetlands and environmentally sensitive habitat in the City. Look for the matter to go before the Commission in October at their next meeting in southern California. For the story, go to the Daily Pilot.

Capitola’s Fossil Hill Beach in the News. The San Francisco Chronicle recently celebrated the City of Capitola’s (Santa Cruz County) famous ‘Fossil Hill’ (aka
Depot Hill) where anyone can readily see ancient fossils while strolling along the beach. Left unsaid was the decision last year by the City Council of Capitola to reject a proposal by adjacent homeowners to construct a seawall across the entire fossil bluff-face. Read about it in the San Francisco Chronicle.


Depot Hill (aka ‘Fossil Hill’), Capitola, Santa Cruz County 2004



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CONTENTS:

1. COMMISSION DENIES LEASE EXTENSIONS AND ELIMINATES THE THREAT OF OFFSHORE OIL DRILLING AT NO TAXPAYER EXPENSE

2. COMMISSION APPROVES SALE OF PUBLIC PARK TO YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA), BUT PROTECTS LAND FROM FUTURE DEVELOPMENT

3. FORGE LODGE STUMBLES BACK BEFORE COMMISSION FOR ANOTHER HEAPING DOSE OF CRITICISM AND A UNANIMOUS DENIAL

4. COMMISSION P ROHIBITS USE OF PRIVATE GUARDS AND ATV’S ON BROAD BEACH IN MALIBU

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1. COMMISSION DENIES LEASE EXTENSIONS AND ELIMINATES THE THREAT OF OFFSHORE OIL DRILLING AT NO TAXPAYER EXPENSE



“If a list of dumb ideas for California were ever engraved in granite, offshore oil drilling would go near the top.”
-San Francisco Chronicle Editorial, August 15, 2005, San Francisco Chronicle.

For a new Sierra Club flash video cartoon and action item on offshore oil drilling, go here.
 
 

In one of the most important coastal protection issues of the year, this month the Coastal Commission took dramatic steps to insure the long term health of California’s coastal resources and economy by denying a proposal by the federal government to continue offshore oil drilling rights to 37 remaining leases located offshore of San Luis Obispo, Santa Barbara and Ventura Counties.

The issue was not one the federal government wanted California to be able to determine. In fact, the Minerals Management Service, an entire wing of the federal government dedicated solely to promoting offshore oil drilling and the enrichment of companies engaged in oil drilling, had attempted in 2000 to extend the California drilling leases without allowing California to make a decision on the matter.

This month’s hearing, in fact, was the culmination and result of California’s lawsuit against MMS and Secretary of the Interior Gail Norton in which a Federal District Court and the Federal Court of Appeals found that California had a legal right and interest to evaluate and participate in the environmental impacts associated with offshore drilling off the coast of California under the Coastal Zone Management Act (CZMA) and our federally approved California Coastal Management Plan.

It was only after both federal district and federal courts of appeals ruled for California’s rights of review under the federal Coastal Zone Management Act that MMS submitted the lease extension issue to the Coastal Commission for review under California’s federally approved coastal protection management plan.

Yet MMS continued to throw roadblocks in the Commission’s way. First MMS failed to acknowledge the Commission’s staff constraints and submitted all 37-lease extension approvals for Commission review at once, rather than stagger them as requested. The Commission’s staffing constraints were further exacerbated by Governor Arnold Schwarzenegger’s punitive budget cut of new energy staff positions that the State Legislature had agreed to for the Commission.

The Commission had “borrowed” energy staff from Santa Barbara County and spent months working on the lease extensions, MMS refused to submit crucial information in an effort to further hamstring the review.

Among other things, MMS refused to review or consider the impacts from oil spills over 8200 barrels (their own arbitrary “worst case scenario”), refused to consider impacts from the actual development of the leases, from construction of new platforms or new offshore facilities and/or new onshore processing plants, or impacts to sea otters from oil spills and/or contaminant loading from operations, or deaths to otters or other marine mammals from transportation and development. The very same deficiencies were present for the endangered bird the western snowy plover and for cultural resources or impacts to California’s trillion dollar annual coastal economy that employs millions and provides beach access to hundreds of millions annually.

Worst by far was the fact that neither MMS nor any of the lease holders showed up at the Coastal Commission meeting to discuss and participate in the deliberation of the lease extension issue. By “boycotting” the meeting MMS succeeded in insulting and disrespecting the Coastal Commission but did so at their peril since federal law requires the federal government to work “in good faith” with states on federal consistency issues. Since MMS didn’t even show up, should the Bush Administration attempt to extend the leases or otherwise pursue drilling over the objection of California, it is quite likely they’d be throttled again legally if the matter again ends up in federal court.

Nonetheless, State Assembly member Pedro Nava (D-Santa Barbara), who attended the meeting to urge that California deny the offshore oil threat, placed a symbolic empty chair in front of the Commission just in case MMS showed up during the hearing.

And then the Commission went ahead with the hearing anyway. Nava was joined by US Senators Barbara Boxer and Diane Feinstein, as well as US Congresswoman Lois Capps (D-Santa Barbara) in urging the Commission to put an end to the threat of offshore oil drilling in federal waters off the coast of California. See American Chronicle.

Lorena Gonzalez, chief advisor to California Lt. Governor Cruz Bustamante, also urged the Commission to protect the California economy by denying an extension to the lease extensions and putting an end to the threat of new offshore oil drilling.

The state and federal elected officials expressed shock and anger at MMS for their obstructionism, failure to submit crucial information and boycott of the Coastal Commission meeting. They said the failure to participate in the Commission’s deliberations violated both spirit and letter of the law, as the Coastal Zone Management Act (CZMA) requires federal participation in states coastal decisions. By failing to even show up the federal government had intentionally and deliberately deprived the Commission of the ability to ask questions and get more information.

Linda Krop of Santa Barbara’s Environmental Defense Center, representing a large group of public interest organizations (including Sierra Club), told the Commission that MMS failed to look at actual worst-case oil spills. MMS also failed to note that only 10% of a typical oil spill is ever cleaned up, or the socio-economics of an oil spill on California’s coastal economy. EPA’s own tables show spills would, at a minimum, impact the coast to the tune of many millions of dollars. MMS even failed to evaluate routine waste-water discharges off platforms, or the fact that the oil companies are currently pursuing lawsuits challenging the inadequate discharge permits and monitoring now in force. In addition MMS failed to look at adverse impacts to commercial fishing.

Krop also told the Commission that the benefits from any drilling on the subject leases would be miniscule compared to the environmental impacts that would result. The leases, in total, represent less than one month’s supply of national energy use. A one mile per gallon increase in automobile gas efficiency would save vastly more gas than exists offshore of Santa Barbara County. And that oil, if drilled, is of such poor quality that its highest potential use is as asphalt.

At most, the remaining offshore oil leases represent just four days of gasoline for the US, yet would include over 25 years of adverse coastal resource and economic impacts.

Carla Frisk of Get Oil Out (GOO) registered the strong opposition of her organization to development of additional offshore oil leasing. Frisk was by Santa Barbara County officials in urging the Commission to deny the lease extensions.

Sierra Club applauded the Commission’s staff work and urged the Commission to deny the lease extensions in order to protect California’s trillion-dollar coastal economy. By denying the extensions, Sierra Club said, the Commission could protect taxpayers from the sort of sweetheart deal and billion-dollar payout to retire the leases that the Bush Administration had manufactured for leaseholders in Florida.

Coastal Commission Chair Meg Caldwell (an appointee of California Governor Arnold Schwarzenegger) began the Commission’s discussion by saying how disappointing it was that the federal government had failed to show up or participate in the state hearings, especially given the fact that it had been ordered to do so by the federal courts. Caldwell also noted the failure of MMS to provide any evidence whatsoever in support of any “override” decision, meaning the federal government has no legal evidence or authority to ignore or override California’s decision to object to proposed lease extension.

Commissioner Dan Secord (also an appointee of Gov. Schwarzenegger) then made the motion to formally object to the lease extensions, which was seconded by Commissioner Sara Wan.

Commissioner Wan was critical of the failure of MMS to provide the necessary environmental information that would have allowed the Commission and the State of California to evaluate the impacts of oil drilling, seismic surveys, infrastructure development, and spills to California coastal resources, cultural resources, sea otters, western snowy plover, fisheries, other marine mammals and other animal and bird wildlife.

Commissioner Patrick Kruer expressed “shock” that with such little benefit involving risks so great that the federal government would continue to push for offshore oil drilling. “As a businessman,” Kruer said, “this just isn’t worth the risk. Sometimes we see things that are close calls, but this decision isn’t even close. Whether you are a dock-worker or anything else, this is such a clear cut case for objection.”

Commissioners Padilla, Aldinger, Shallenberger and others then complimented coastal staff for their outstanding work on energy issues, despite overwhelming budget constraints. Many Commissioners lamented the fact that Governor Schwarzenegger had eliminated the additional coastal energy positions that had been allocated to the Coastal Commission this past year by the State Legislature. Commissioner Mary Shallenberger said, “Coastal staff have done the impossible, but we cannot expect them to continue to do the impossible. I am confident that the legislature will continue to support additional energy positions for the coastal program. We need the public to encourage the administration to also support that valuable and much needed work.”

Coastal staff then explained to the Commission that if the Commission were to formally “object” to the lease extensions, that the federal government would then have three alternatives.

First, MMS could accept the Commission’s decision and begin to submit the required information requested in order to initiate further deliberations.

Second, MMS could dispute the Commission’s objection and offer dispute resolution.

Third, MMS can simply ignore the Commission’s decision and attempt to approve the lease extensions anyway, inviting yet another lawsuit by the State of California.

The Commission then voted unanimously to object to the lease extensions, with Commissioners Aldinger, Shallenberger, Padilla, Wan, Caldwell, Kruer, Secord, Neely,
and Reilly all in support.

News of the Commission's decision is here.

Postscript: Immediately following the decision the Commission entered into a closed session with their counsel and attorneys with the State Attorney General’s office, after which it was disclosed that the Commission had authorized counsel to undertake whatever measures are necessary, including litigation, to insure that the Commission’s decision is honored by the federal government.



2. COMMISSION APPROVES SALE OF PUBLIC PARK TO YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA), BUT PROTECTS LAND FROM FUTURE DEVELOPMENT


Temescal Gateway Park (upper middle of photo, right side of Sunset Blvd.) 2004

In one of the stranger projects to come before the Commission in 2005, this month the Commission undertook deliberations regarding the proposal by the Santa Monica Mountains Conservancy (a state agency) to sell 3.9-acres of public park land to the private nonprofit religious organization called Young Men’s Christian Association (YMCA) of Metropolitan Los Angeles.

The property, located at 15601 Sunset Boulevard, is in the City of Pacific Palisades, County of Los Angeles.

In addition to the sale of the park, YMCA also sought permission from the Commission to continue to place unpermitted trailers on the property, as well as portable restrooms, storage containers, chain link fence and seasonal retail sale facilities for Halloween pumpkins, Christmas trees and a summer youth day camp.

Coastal staff recommended that the Commission approve the sale, with certain conditions protecting the property against future development. The staff report is www.coastal.ca.gov/lb/8-2005-T14g.pdf

Proponents of the sale said that the YMCA has used property for at least 35 years, since even before California owned it, operating a summer day camp, and more recently, pumpkin sales in the fall and Christmas trees sales in the winter.

The matter was further complicated by the fact that the YMCA had agreements dating from 1985, with a previous landowner, to purchase 3.9-acre parcel.

The history of California’s ownership of the larger 140-acre parcel, which included the parcel used by the YMCA, dated from1994, when the Santa Monica Mountains Conservancy (SMMC), using public funds, bought and established Temescal Gateway Park.

There was no doubt or objection to the fact that the site is a vitally important urban coastal and mountain accessway, that it lies right along busy Sunset Blvd. and is seen and visited by tens of thousands of people annually.

Coastal staff recommended approval of the sale because of the pre-existing option agreement, which predated public purchase, despite the fact that no details of the option or the sales agreement or price were divulged.

In order to impress the Commission, at the hearing the YMCA claimed (without evidence) to have paid SMMC more than $250,000 since 1994 in order to keep the options “alive.”

Los Angeles City Councilman Bill Rosendahl, Sierra Club, Save the Coast Foundation, Friends of Temescal Canyon, Inc., No Oil, Inc. all opposed the proposed sale of public park land to a private religious entity, especially one as well used and significant at Temescal Gateway Park.

Attorney Frank Angel, representing the advocates of the public park, urged the Commission not to allow the public park to be sold off, and argued that a longterm lease would allow the YMCA to operate their enterprises without having to sell off needed public parklands.

The Commission then proceeded, in its deliberations, to insure that (1) public access through the site would be protected in perpetuity, and (2) that all environmentally sensitive habitat onsite would be permanently protected and (3) that the site would remain zoned “open space” and no future development would be permitted on the site. In the end, the Commission did everything possible to diminish the effect of the sale but prevent the sale itself.

At which point the Commission then approved the sale of the park by unanimous vote of Commissioners Aldinger, Shallenberger, Wan, Caldwell, Kruer, Secord, Neely, Reilly, and Potter.


3. FORGE LODGE STUMBLES BACK BEFORE COMMISSION FOR ANOTHER HEAPING DOSE OF CRITICISM AND A UNANIMOUS DENIAL

The most amazing thing about the quick return of the Forge Lodge project, which the Commission had just reviewed in May 2005, was not so much that the ill-conceived project had not been improved, but that Coastal staff continued, inexplicably, to support the project, even with all its explicit deficiencies.

The Coastal staff report is here.

As CoastWatcher readers will recall, the Forge Lodge proposal involves conversion of an unbuilt commercial project to a 27-room hotel in environmentally sensitive habitat area (ESHA) adjacent to Solstice Creek, a year-round stream and steelhead trout habitat in Malibu, Los Angeles County.


Site of Proposed Forge Lodge, in trees along creek East of PCH, Malibu, 2004

The argument starts right at what to call the project. The proponents continued to call the large seven building project a “bed and breakfast” although if constructed it would be the largest “bed and breakfast inn” in the western United States. Everyone else considers the project to be a large resort style visitor serving development.

The entire project is based upon a 1989 permit for a shopping center, although the project as currently envisioned would be an entirely different development- the largest bed and breakfast in California.

Commissioner Mary Shallenberger began the discussion by saying that in May she had specifically asked for coastal staff to consult with the Chumash Native American community and questioned why staff had failed to do that. Shallenberger then explained that this communication breakdown was exactly the sort of thing that gives government and planners no credibility in issues involving protection of Native cultural sites.

“What I would like to see,” Shallenberger said, “is a special condition that says that following an appropriate consultation that a memorandum of understanding is prepared to insure the protection of any cultural resources that may be found on the property.”

Then, as staff reiterated their intent not to consider any consultation unless and until grading occurred, Shallenberger interrupted staff to explicitly clarify, “I am not talking about grading. These analysis need to take place prior to grading in order to prevent their destruction.”

Following yet more discussion staff then agreed that such consultations with nearest living ancestors and preparation of an action plan would occur prior to grading, and then the Native American Heritage Commission would be provided an opportunity to approve the plan before any grading would take place at the site.

Commissioner Patrick Kruer then said he had concerns regarding the constraints on the site, including steep slopes, the creek and riparian areas, and the existing offices and restaurant etc., raised the question of why smaller alternatives have not been more adequately evaluated. “This is a very large B & B under any circumstances. I’m not convinced at this point that 27 units is the answer. Today, I don’t think we’ve done all our homework and I’m not going to support 27 units,” advised Kruer.

Commissioner Wan said the project had been improved. “Visitor serving is a good use for this site, better than a shopping center,” Wan said. “But I also agree that this is a very constrained site. It boils down to protection of ESHA. I have to go the letters from SMMC and the NPS- they disagree with John Dixon (Commission biologist). Page three of the NPS letter says that the existing tree canopy serves riparian habitat functions of shade for the creek and fish. The lack of native understory vegetation is not indicative of non-ESHA- it is indicative of prior disturbance by the owner. The owner cannot be rewarded for that conduct,” Wan concluded.

Wan continued, “The amount of use and degradation since 1975 on this site is substantial. And what about the 1989 requirement for removal of the unpermitted debris and the failure to do so. I find it hard to believe that the continued disturbance since 1989 has not contributed to the lack of understory ESHA at this site. “

“I for one believe the bowl is ESHA and that setbacks should be 100-ft from the bowl,” Wan concluded. The LCP is clear that an applicant cannot take advantage of their own degradation of ESHA.

Commissioner Mike Reilly raised similar concerns regarding the ESHA designation and agreed with Wan. “In 1989 this Commission required those trucks and debris be removed. That has continued for over 16-years. The conduct by applicant in part or in whole caused the lack of ESHA today,” Reilly said.

Commissioner Steve Padilla said it was clear to him that “there is not soup yet.” He continued, “The adequacy of the analysis regarding lack of alternatives is not substantial enough. From the record it is clear that there has not been sufficient evaluation of the degradation of the ESHA. I have concerns also about the size and scale of the project as well. Taken together we are not there yet. I also agree with Commissioner Shallenberger’s concerns regarding the lack of consultation with Native Americans.”

Commission Chair Meg Caldwell said, “The applicant uses the ESHA as both a sword and a shield. On the sword side applicant says the project will improve ESHA with new protections. Yet they then use it as a shield to say that no protections are legally necessary for the bowl portion of the project since that ESHA does not currently exist. They cannot rely on their own degradation of the ESHA.”

Commissioner Jim Aldinger reiterated that there is Commission support for a Bed & Breakfast on this site. Aldinger also said, though, that the National Park Service (NPS) and the Santa Monica Mountains Conservancy (SMMC) are right to protect their multi-million dollar investment for steelhead trout. Water quality protections must be assured. The current drainage and water quality plans are inadequate.” Aldinger concluded, “There is support from the public and on the Commission for a smaller project.”

Coastal staff then said that protection of the bowl area, now deemed ESHA by the Commission, would severely constrain any development north of the bowl up along the creek. It is likely that new development would have to be limited to the existing developed area.


Existing development (restaurant and parking lot) of Forge Property, Malibu, 2004

Commissioner Aldinger then concluded, “We need to go back to the drawing board. Perhaps a smaller project, smaller buildings. There definitely needs to be more work done on this project. I would like the wastewater treatment infrastructure to be outside riparian ESHA area.”

Commissioner Dan Secord also agreed, saying the project contains “ten pounds of material in an eight pound bag.”

Commissioner Mike Reilly then moved to deny the project, and Commissioner Patrick Kruer provided the second.

Then the Commission voted unanimously to deny the project with Commissioners Wan, Shallenberger, Padilla, Caldwell, Aldinger, Reilly, Kruer, Neely, and Secord all in agreement.


4. COMMISSION P ROHIBITS PRIVATE GUARDS AND ATV’S ON BROAD BEACH IN MALIBU

The long running saga involving high profile multi-millionaire celebrities who own property strung out along a one-mile stretch of Malibu coast called “Broad Beach” (aka “Trancas Beach” and/or “Millionaire Beach”) came again before the Coastal Commission last week.

Coastwatcher readers will be familiar with Broad Beach as the location of the “mysterious” dune grading project in June (story and photos at CoastWatcher ), in which a mile of public beach was scraped up from the tidal zone and placed in front of mansions in order to create a sand “privacy wall” resulting in massive damage to the public trust area and the public having to walk in the water. That matter is currently the subject of a separate litigation and enforcement effort.

Last week another chapter in the saga unfolded when the Commission reviewed a proposed Cease and Desist Order that would prohibit further use of armed guards, All-Terrain-Vehicles (ATVs), private fencing and dozens of “private property” and “no trespassing” signs strewn throughout the beach area.

The practices, which involve having uniformed private security guards armed with menacing ATVs constantly harassing any and all members of the public who attempt to utilize the beach, has been ongoing for many years.

Testimony at the hearing and in the record demonstrated beyond doubt that the harassment has been ongoing for years, that that in the summertime as many as 40 private property signs randomly placed along the shoreline, many on public property.

The coastal staff report is here.

For a public access map and photos of the entire Broad Beach area, download this Broad Beach Map.

The guards, without lawful authority, generally herd the public onto the wet sand and corral them into a 10-ft wide area directly in front of two existing public accessways on the beach, where they can be easily monitored and further intimidated and humiliated.

The Trancas Property Owners Association represented both itself and the individual homeowners, argued to the Commission that they no longer use guards, ATVs or place signs or fencing or menace the public at the beach. It was all said in earnest, despite the fact that none of it was true. The owners further argued that the Commission should not issue the Order but instead continue to “work with” the owners on their efforts to enlist the City of Malibu to placed armed City Police on the beach.

Naturally the Commissioners were aghast that the City of Malibu would consider a conspiracy against public access at Broad Beach.

The record clearly indicated that as of August 1, 2005 private guards were giving inaccurate, misleading and erroneous information to the public at Broad Beach in an attempt to maneuver the public away from the public beach and otherwise off Broad Beach.

Coastal staff, in describing the matter for the Commission, demonstrated that the offending actions explicitly violated the California Constitution, the California Coastal Act and the City of Malibu Local Coastal Plan (LCP).

Coastal Commissioners were not impressed or persuaded by the property owners.

Commissioner Mike Reilly moved that the Commission issue the C&D Order and the motion was seconded by Commissioner David Allgood.

Commissioner Allgood stated, “ There is every reason to believe the behavior we are trying to stop will re-occur in the future if this Order does not issue. I am skeptical of the owners’ assertions and their actions going well beyond just trying to protect the private property.”

With that Commissioners Aldinger, Shallenberger, Allgood, Caldwell, Secord, Neely, Reilly and Potter voted 8-0 to issued the C&D Order.

News accounts of the hearing are in the Los Angeles Times and Washington Post and CBS News.


Stop The Bush Energy Plan!
Mark Massara, Director
Sierra Club Coastal Programs
mark.massara@sierraclub.org 

Posted: Sat - August 27, 2005 at 12:16 PM          

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