A “time-out” is in order.
The political rhetoric and misleading statements flying about concerning the California Coastal Commission and Malibu’s Local Coastal Program need some perspective, corrections and clarification.
First, we are delighted that a Local Coastal Program (LCP) process is not only underway in Malibu, but far more open to the public than any effort to date. A basic tenet of Proposition 20, the voter-led initiative that created the California Coastal Act and its implementing body, the California Coastal Commission, is that public participation in decision making about our precious coastal treasures is essential.
With this principle in mind, we offer the following responses to several of the more inflammatory and groundless claims:
False claim #1: “The Coastal Commission has taken away local authority.” Actually, an approved LCP will give far more control and authority to the City of Malibu. Once an LCP is approved, residents will not be required to apply to the Coastal Commission for permits for deck re-builds, new home plans or even seawall construction. Unless a local approval is appealed to the commission because the city has violated its LCP, the process of additional Coastal Commission permitting will be unnecessary, saving residents countless trips to commission hearings held as far away as Eureka and Santa Rosa.
AB988 was passed precisely because the California Legislature’s leadership recognized the need to return coastal approval authority to the city where it belongs and, presumably, where individual local influences might be better balanced with other interests in the community.
False claim #2: “The Coastal Commission is ‘rolling over on us’ and will not be ‘susceptible to reason.’ In fact, last fall commission staff and Commissioners Cynthia McClain-Hill and Sara Wan offered to work with the City of Malibu in drafting the plan mandated by the legislature. Malibu officials reneged on their original agreement to collaborate when the commission informed them that the city does not have the ultimate approval authority over the LCP.
Was this really a surprise? There is no city or county on the entire California coast that has approved its own LCP without the final approval of the Coastal Commission. In 1972, the voters established a quasi-judicial body in charge of implementing coastal protection and access-a statutory safeguard that coastal cities usually value. Turning its back on the commission’s offer to collaborate was not a wise choice by the city if it truly wants a hand in drafting the LCP.
False claim #3: “The commission will not listen to the people of Malibu.” Untrue. The Coastal Commission has scheduled a public workshop on Oct. 30 at 6 p.m. at Webster Elementary School, providing an opportunity for Malibu residents to learn about the LCP and voice concerns in their own community. At the November commission hearing, an entire day is planned to hear public testimony on the Malibu LCP. The public will have until January to provide additional input before the commission approves a draft. The draft will then be sent to the city for implementation work to be completed, with the summer of 2002 being targeted for final approval. There is plenty of opportunity for public input.
Our organizations sometimes disagree with decisions of the Coastal Commission, and we are often before this body seeking full compliance with the California Coastal Act. We support the Malibu LCP process and look forward to having our concerns fairly considered by the commission. Malibu is blessed with 27 miles of the California coast-more than any other city in the state and some of the most beautiful on the Pacific Ocean. Malibu, therefore, has both a unique opportunity and a legal responsibility to offer the utmost protection of, and ensure reasonable access to, its coast.
Cherish this place and share it. That’s what the law requires and what ethics dictate.
Robert Roy van de Hoek, co-chair, Sierra Club California Coast & Ocean Committee (Malibu resident)
Susan Jordan, director, California Coastal Protection Network
Joel Reynolds, senior attorney, Natural Resources Defense Council
Marcia Hanscom, executive director, Wetlands Action Network (Malibu resident)
Mark Gold, executive director, Heal the Bay