In the ongoing turmoil between the Mountains Recreation and Conservation Authority (MRCA) and residents of Sycamore Park, the residents seem to have found an ally in the City of Malibu—despite City Attorney Christi Hogin stressing that the city can do nothing for homeowners complaining about intrusion in their neighborhood.
“Some of the issues that are in dispute have to do with the use of that private road—it is a private road—and the protection of its own property falls, unfortunately, on its own property owners,” Hogin clarified. “So, the city isn’t in a position to take up the mantle of coming up with what is an overburdening of that easement. That is a private matter.”
Hogin then announced the city has sued the MRCA after the group failed to come into compliance on a permit issue having to do with their parcel in Sycamore Park.
Hours later, as the hour hand neared midnight Monday, council members affirmed the residents’ plan to construct a private gate to block public access to the neighborhood. The application for the entrance was initially filed in August 2017, months before the MRCA purchased a parcel of land in the neighborhood and invited members of the public in to enjoy it as a park. The application is still being processed by the city.
Access gate
Despite what city staff—and MRCA representatives—saw as potential roadblocks, city council did not find conflicts between the application for the gate and city codes.
It was the MRCA’s stance that, as property owners in the neighborhood, they should have the right to welcome guests—or “invitees.” In their case, invitees are any visitor who is interested in hiking in Malibu.
Not only that, MRCA Staff Counsel Oscar Victoria said, but there are conflicts between the homeowners’ application and city standards—including the lack of a formal homeowners association and the blocking of well-established public access through the neighborhood.
“There is no legally formed Sycamore Park Property Owners Association,” Victoria pointed out, later adding that homeowner—and former mayor—Ken Kearsley had stated on the record that he had “been aware of the use of the trail continuously since 1950.” Over 100 other residents made similar statements, Victoria said.
Kearsley spoke soon after.
“That thing I signed, sir, is for a trail outside Sycamore Park,” Kearsley said. “We have no trails in Sycamore Park, sir, and you know it.”
Mayor Rick Mullen seemed to agree.
“They made a great case that this gate is not intended to change the intensity of use,” Mullen said, “it’s actually designed to maintain the level of use and prevent a change in its intended use.”
This statement elicited a roar of applause from the audience of dozens of Sycamore Park residents and supporters, most of whom had been waiting nearly six hours to hear this item come before council.
Regarding the issue of there not being a formal HOA, or homeowners association, Mullen said that also was a non-issue.
“It says ‘an HOA,’ and I think they’re a road maintenance organization, which essentially is tantamount to an HOA, I think they’re the same thing,” Mullen added.
City lawsuit
Following requests by the city that MRCA land come into compliance with codes, Hogin announced the city sued the authority last week, clarifying that, though it may be exempt from city codes, it is “not exempt from compliance with the Coastal Act.”
Hogin said agencies are “required to have a conditional use permit in order to have a park in a private neighborhood” and that “last Friday, on behalf of the city, [the city attorney’s office] did sue the MRCA and the Santa Monica Mountains Conservancy.” The MRCA was served Monday.