For Malibu grandmother Toni Berget, the stepping stones were the last straw.
When Berget wanted to remodel her Birdview Avenue home overlooking Zuma Beach, she needed approval from the California Coastal Commission, which has jurisdiction over public and private development in environmentally sensitive areas of the state’s coastal zone.
When Coastal Commission inspectors examined Berget’s property, they made a laundry list of pricey upgrades she would have to complete before getting her permit. These included spending more that $3,000 on a hillside sprinkler system, removing existing vegetation and planting California poppies and other native plants.
Fine, Berget said. But then came the stepping stones.
“I had one-foot square cement stones on the grass near my house, and the Coastal Commission called them ‘illegal structures,’ ” recalled an exasperated Berget.
“I said, ‘What if my grandkids come and their feet are muddy and they have to step in the house? Can’t I even have one step by the front door?’ ‘No,’ they said, ‘They’re illegal structures, don’t you understand?’ “
Fearing the Coastal Commission has overstepped its legal authority and resorted to arrogant bullying of area residents, Berget and other Malibu citizens are banding together to fight the commission’s proposed Local Coastal Program Land Use Plan for Malibu, a new development plan that many here fear would eliminate local control over land use planning in Malibu.
The grassroots group, Malibu Citizens for Local Coastal Planning (MCLCP), is a “loose organization” of residents opposed to the Coastal Commission’s blueprint for Malibu, which many locals say will stunt development, reduce property values and limit residential and recreational activities.
“If the Coastal Commission gets its way, there will be little or no development in Malibu,” said Malibu Planning Commission member Ted Vaill, who is one of the MCLCP’s founders.
While the group is upset over what it sees as the Coastal Commission’s arrogant dealings with homeowners such as Berget, it has other complaints as well, Vaill said.
Specifically, the MCLCP is incensed with the Coastal Commission’s draft Land Use Plan (LUP), a controversial set of policies that designate more than 2,800 acres in Malibu as Environmentally Sensitive Habitat Areas (ESHAs).
Property owners within an ESHA will face greater land-use restrictions, making it difficult and expensive to remodel or expand their homes or have equestrian facilities, according to the MCLCP and other critics of the plan.
For some MCLCP members, the issue is about local control.
“What we’re talking about is the Coastal Commission dictating to a community how its homes should look, what color they (homes) should be, and whether they can have gardens, orchards or horse facilities,” said MCLCP member Dr. Jeff Harris.
For instance, when Malibu resident Candy Sindell wanted to build a new home on an empty lot between five homes overlooking Bonsall Canyon, the Coastal Commission placed seven deed restrictions on her property.
“They said they had authority over me because if you stand in the parking lot at the trailhead to Bonsall Canyon, you can see my house,” Sindell said. “And that gives them the right to tell me what color to paint it.”
The MCLCP plans to wage an aggressive public, political, and legal battle, according to Vaill.
“There are a lot of lawyers (in the group) with many years of experience in land-use issues,” he said. “I’m quite hopeful we’ll reach a compromise with the Coastal Commission to avoid many years of litigation.”
But Chuck Damm, senior deputy director of the Coastal Commission, believes the MCLCP and other Malibu residents are overreacting to misinformation about the proposed land-use changes.
For instance, an MCLCP flyer claims that under the draft Land Use Plan, “agriculture, roses (and) lawns (are) all but banned from coastal areas.”
Not true, said Damm. “You’re allowed residential use on a building pad up to 10,000 square feet in size, which means you still get a home with a good-sized yard for your lawn, flower beds and rose bushes.”
However, beyond the 10,000 square foot development area, you can’t plant “non-native” plants such as roses, Damm added.
The MCLCP also says the Coastal Commission wants to close the ball fields at Bluffs Park, a claim Damm said is only partly true.
“Our plan states the adjoining property, owned by Crummer Trust, would be used for a ball field,” he said. “So the ball fields would stay in the same general area.”
Nonetheless, the MCLCP has other issues with Coastal Commission proposals, including one that would increase public access to beaches that are currently private.
“I don’t think it’s necessary,” said Vaill. “There’s plenty of beach access for citizens of Malibu and for the visitors.”
“It’s a completely false issue,” he added. “It’s a kick in the groin of Malibu to raise that issue.”
Many in Malibu believe the city’s rich-and-famous image makes it an easy target for sanctimonious bureaucrats.
“They think everybody here is rich because some movie stars live here,” Berget said. “Well, I’m not rich. I have a nice piece of property, but I don’t have a ton of money in the bank, unfortunately.”
The Coastal Commission will hold at least two more public hearings on the draft LUP, and is scheduled to adopt the Local Coastal Program by Sept. 15, according to Damm.