The Coastal Commission was required by law to prepare a Local Coastal Program (LCP) for Malibu pursuant to the provisions of AB 988 (Hertzberg). The LCP is like a general plan for the Coastal Zone- the blueprint for how and where the community will grow in the future. The LCP must conform with state coastal protection laws and with provisions of the California and United States Constitutions that protect private property rights.
Final adoption will occur at the September Commission meeting after an additional public hearing in July. The Coastal Commission urges all interested parties to send in comments and to be involved in these public hearings.
To help explain some of the provisions of the Malibu LUP, below are answers to questions that members of the public have raised.
1. What will happen to the ball fields at Bluffs Park?
Malibu Bluffs Park is a state park purchased in 1979 with state taxpayer dollars ($6.8 million) for use by all the residents of California and by visitors from throughout the world. The Commission approved a temporary (5 year) coastal permit for construction of the community ball fields in 1982 to facilitate restoration of habitat at Malibu Lagoon where the fields were previously located. It was clearly understood this would be interim solution until an alternative site could be found by the community. A permit amendment in 1986 also made clear the ball fields were only an interim use. An earlier lawsuit between the Little League and the California Department of Parks and Recreation did not obligate the state to make the ball fields a permanent use on the site. The draft LUP calls for future conversion of the bluffs site to state park uses and allows relocation of the ball fields to adjacent private lands. If the adjacent site cannot accommodate all the ball fields, the Commission has directed staff to work with the community to find a suitable alternative solution.
2. Why is the coastal sage scrub and chaparral in the Santa Monica Mountains designated as ‘ESHA’?
The Coastal Act requires strong protection of environmentally sensitive habitat areas (ESHA) because of their unique and critical importance to the long-term health of the ecosystem to which they belong. Scientific studies and independent biologists agree that the Santa Monica Mountains contain unique and fragile habitat types that have declined drastically during the past 25 years and are severely threatened by encroaching development. Increasingly rare, coastal sage scrub and chaparral have been found to be far more important to the protection of biodiversity in the region than once believed. To protect the uniquely important values of this fragile, dwindling habitat and the wildlife that depends on it, the designation of this habitat as ESHA in the draft LUP is appropriate.
Based on field maps, site visits and aerial photographs, the LUP designates and maps coastal sage scrub and chaparral in the city as ESHA, but specifically excludes large areas of existing development. Moreover, these maps can be changed when more site-specific information becomes available.
3. What if I want to build in an ‘ESHA’?
New development located in or adjacent to ESHAs must be carefully sited and designed to avoid or minimize adverse impacts to wildlife that shares this habitat with humans and depends on it for survival. A biological assessment will determine whether ESHA actually exists on the ground where the development is being proposed. If no ESHA is identified on site, the ESHA protection policies of the LUP will not apply. If ESHA is present, new development should be sited and designed to avoid adverse impacts wherever possible. Even if an entire parcel is ESHA, some development can be allowed. Most of these same ESHA protection policies have been applied by the Coastal Commission since 1986 wherever ESHA has been identified.
4. What does the “10,000 sq ft limit on the size of the development pad for projects in ESHA” mean?
New development located in ESHA, where there is no alternative location, may utilize or create a development envelope up to 10,000 sq ft. in size. This is not the size limit on the home, but on the pad and graded slopes. Since homes may be 2 stories, this could mean a home exceeding 10,000 sq ft, plus a 750 sq ft guest house plus any combination other structures, provided the total land covered does not exceed 10,000 sq ft. The Commission has restricted development in designated watersheds to 10,000 sq. ft. since 1986. After LCP certification, the City of Malibu will determine the appropriate development density allowed within the 10,000 sq ft pad limit, not the Coastal Commission
5. Will I need a coastal permit to plant a rose bush?
Absolutely not. Policies similar to those in the draft LUP relating to landscaping have been routinely applied to new development in the Santa Monica Mountains and elsewhere for many years. They include important protections to avoid adverse impacts from invasive, non-native plants such as pampas grass and eucalyptus trees which can overrun fragile, native ecosystems with devastating effects on wildlife habitat. Once released into the wild, invasive plants can destroy native plant communities, eliminating important sources of food and shelter and even creating substantial fire hazards. Draft LUP policies allow the use of non-invasive, non-native species, such as lawns, rose bushes, fruit trees and hedges for landscaping adjacent to a home.
6. Will I be allowed to rebuild after a disaster?
Yes. The draft LUP allows reconstruction after a disaster, including fire, earthquake, landslide or flood, without a coastal development permit as long as the new structure is within the original footprint and does not exceed the size of the original structure by more than 10%.
7. Will the LCP dictate what color I may paint my home?
The draft LCP calls for earth tone colors for new development in areas that are highly scenic. Certain colors, such as white or pink, will cause the home to stand out from the hillside. This is only one tool used to soften the visual impacts of new development. This same requirement has been applied for many years by the Commission on new development in scenic areas. It will not affect existing homes unless a coastal development permit authorizing construction required earth tone colors.
Please note that the LUP is in draft form and available for public review on the Commission’s web site (www.coastal.ca.gov.) and at the Malibu City Planning Department and your local public library. You can review it yourself and decide how you think its policies may affect your property. Please send your written comments to the Commission in its Ventura office (89 S. California St. Suite 200, Ventura, CA 93001-2801)
Chuck Damm, deputy director
California Coastal Commission