The Coastal Commission’s illegal action in failing to recognize Malibu’s recent citizen’s Referendum is simply the most recent step taken by the Commission to achieve its goal of transferring control of 100% of land use from the voters and their elected officials to the Commission.
In 2001, Assembly member Jackson introduced AB 640 which would have transferred authority to write all LCP’s in the State to the Commission and, according to the Legislative Digest, “impose a state-mandated local program.” The bill would have allowed the Commission to review every LCP annually and force each city to adopt the Commission’s rewrites. Cities failing to do so would have been sanctioned by the bill’s giving permission to the Commission to refuse to adopt any changes to the LCP requested by the City and to “vote to consider whether or not all permits issued by the local jurisdiction” would be “subject to the Commission’s review.”
But the Commission’s most frightening power grab occurred earlier this year when Assembly member Lowenthal introduced AB1913 that would permit “the Executive Director of the Commission to file a Notice of Violation of the California Coastal Act of 1976 if the Executive Director has determined that real property has been developed in violation of the Act.” Since the placement of “any material” on a property, including landscaping, required a Coastal Development permit, this bill would have given Peter Douglas unimaginable power to confiscate property in the coastal zone. As experience has taught us, the Commission makes up its own rules as it goes along, always requiring the homeowner to perform just one more costly study, and holding out permit compliance as an unattainable goal.
With recorded Notices of Violation, none of us would have been able to comply with our mortgage contracts, refinance our properties, sell our homes and bequeath them to our heirs. Meanwhile, heavily funded state agencies like the Conservancies in the Santa Monica Mountains and other non-profits are being funded with annual bonds and legislative bills so they will be flush with cash to buy up all our properties that Peter Douglas conveniently condemns under the guise of “environmental protection.”
The citizens of Malibu should not be fooled for a minute that we residents would have had any ability to permit even the smallest developments if the LCP were enacted. Far from it. The Commission masterminded every detail of our ordinances to ensure that they or anyone could appeal every permit decision. And , as one read the LCP, it is clearly designed to make it almost impossible for anyone to get a permit. The requirement that all land within 200 feet of any area considered “sensitive” is off limits to human use knocks out most of the lots in Malibu for any permitting Do the math.
Anne Hoffman