The following memorandum was sent from Sarah Christie, California Coastal Commission lobbyist to Commission Executive Director Peter Douglas and Chair Sara Wan regarding the Malibu Local Coastal Program. It is dated Aug. 21, 2000.

Hi Peter, Sara:

I spoke with Mary Shallenberger this evening re: how AB 988 could be amended to create more of an incentive for the City of Malibu to actually accept the certified LCP once the Commission has acted, thus avoiding the Carlsbad 10-year plan. There is a concern that imposing fines or withholding state subventions may not hold up in court. We know that an outright moratorium will not. I suggested, per an earlier conversation with PD [Peter Douglas, Coastal Commission executive director], that if the City fails to assume full permitting authority by a date certain after the LCP gets certified, that they abdicate the right to issue local building permits, and the Commission would assume all land use permitting authority until such time as the city adopts the certified plan. This removes local control (incentive for city) and keeps applicants out of never-never land, where they can’t get a city building permit and/or CDP.

Although this would accomplish the Commission’s goal of approving more visitor serving uses and public access, (because it would remove the requirement that applicants receive a local building permit), Mary pointed out that this does NOT accomplish the goal of the authors, who are attempting to get the commission OUT of the role of local planning on a permit-by-permit basis, and thus reduce Sac-based lobbying efforts by applicants.

She is suggesting language to the effect of, “Once the commission has certified the LCP, the City of Malibu shall immediately assume Coastal Development Permitting authority, pursuant to the policies and goals of the certified Local Coastal Plan.”

This eliminates the issue of how to deal with amendments during the interim, and makes clear the intent of the Legislature that Malibu implement the plan. If Malibu simply refuses, they are in violation of state law, and would, I assume, be vulnerable to legal action. She feels that the 6 month time period between LUP draft and LCP certification is ample for the city to ‘tool up’ its planning department to cope with the new LCP procedures.

The hearing is @ 8 a.m. Tuesday. Plz ‘reply all’ to keep everyone in the loop, or call me early on my cell phone with your thoughts.

The Malibu Times is the first newspaper in Malibu, serving the community since 1946.

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