The battle between residents and a local developer over underdeveloped beachfront land on Sea Level Drive has ratcheted up a notch in the developer’s favor.
At its April 10 meeting in Santa Barbara, the California Coastal Commission granted Norm Haynie, owner of Lechuza Villas West LP, a coastal development permit allowing him to remove five metal access-gates and signage along Sea Level Drive and Broad Beach Road, pave 37 public parking spaces, place informational signs along Sea Level Drive and intersperse landscape and grading areas. Five handicap spaces are included in the 37 parking spaces.
Haynie purchased the property — defined as the tract along Broad Beach Road and East and West Sea Level Road — for $2 million in 1990. He has been trying for the past decade to build homes on several of the 21 lots he owns, but has been denied building permits by the Coastal Commission and has been battling with the Malibu-Encinal Homeowners Association (MEHOA) over development of the lots.
Failing to build homes on the lots, Haynie is now attempting to sell the land to the California Coastal Conservancy for $12.5 million.
In March of last year, California voters approved a $2 billion-plus parks and recreation bond, with much of it allocated to the California Coastal Commission for securing properties for public access.
“It is the people of California that voted to purchase properties that are on the priority list for acquisition where there is a willing seller,” said Haynie. “Personally, I am delighted that this beach can be preserved and for public enjoyment.”
While the beach has had pedestrian access since 1991, it lacks vehicular access to make it a public-access beach.
Haynie has charged in the past that the homeowners do not want the public to have access to the beach.
Five gates — three along East and West Sea Level Drive and two on a 10-foot-wide strip of land descending from Broad Beach Road to the end of East Sea Level Drive — were erected on the property by the Malibu-Encinal Homeowners Association (MEHOA) in 1977 without a California Coastal Commission permit, said Sara Wan, commission chair.
The California Coastal Act mandates public access to public beaches, said Wan, and reflects the state of California’s constitution.
With the exception of Zuma and Surfrider beaches, there are essentially no public beaches in Malibu, said Wan. “There’s definitely a need in Malibu for a number of public-access beaches,” she said.
“I believe there is a strong need for public beaches and for the public to go to the beaches and recreate,” said Haynie.
He said he told the commission that if the state were willing to purchase his property he would be “a willing seller.”
Now, Haynie said, “My plans are to transfer the property to a state agency and to do those things that are necessary for public access.”
Terrence Sternberg, the lawyer representing MEHOA, said three lawsuits have been filed in Los Angeles Superior Court regarding the matter.
In the latest court action on March 5, the Superior Court dismissed MEHOA’s claims against Lechuza Villas LP concerning “homeowners rights.”
“While we respect the judge who made the decision, we do believe he was clearly wrong and we are very confident we will win an appeal,” said Sternberg, adding that the appeal will be filed within 60 days.
“The homeowners support the idea of a public acquisition. We’re working with the Coastal Conservancy to try and work out a management plan,” he added.