As a result of last week’s ruling on the Malibu Local Coastal Plan, the City of Malibu is preparing to process coastal development
permits, which includes an already approved fee schedule that would raise the cost of permits more than 1,000 percent.
By Jonathan Friedman/Special to Malibu Times
Adding to the setback caused by Los Angeles Superior Court Judge Alan J. Goodman’s ruling against a citizen referendum on the Malibu Local Coastal Plan, residents are now facing another shocker-coastal permit fees will increase by more than 1,000 percent.
Last week, Goodman ruled in favor of Taxpayers for a Livable Community’s (TLC) charge that Malibu voters did not have the right to vote on its Local Coastal Plan (LCP). With the city possibly appealing the decision, it is now planning what its next step will be, so those seeking coastal development permits are not left waiting. Meanwhile, the city is preparing a fee schedule in order to process coastal development permits.
During the closed session portion of Monday’s meeting, the council directed City Attorney Christi Hogin to contact the California Coastal Commission about entering into an agreement with Malibu that would allow the city to issue coastal development permits, without the agreement implying the city agrees with the judge’s ruling.
“We do have a concern about the (seemingly) endless limbo … that the coastal permit applicants are experiencing,” Hogin said.
Hogin said she expects to hear back from the commission before the council’s next meeting on May 27, when she will report the news during closed session. At that time, the council will also discuss whether it should appeal the decision.
The council now has a fee schedule ready for when it does begin issuing permits. It unanimously voted in favor of one at the meeting. The fees were put into two general categories, one for projects that have already gone through the planning process and another for those that have not, with the projects that have being less expensive. The fee also increases if an environmentally sensitive habitat area (ESHA) is involved and, depending on the kind of project it is, with single-family residence homes being charged less and subdivisions being more expensive. Exemptions are possible for minor additions.
Mayor Ken Kearsley pointed out that the city’s fees are significantly higher than those charged by the Coastal Commission. For example, the commission charges from $250 to $1,000 for a single-family residence home, while the city will charge from $2,883 to $4,691. But, Kearsley said, the commission’s fees came nowhere close to covering the costs associated with processing permits.
“So the state of California, through the Coastal Commission, is in a way subsidizing coastal development,” he said.
In a phone interview on Tuesday, interim Planning Director Ed Knight said the processing of permits will be significantly faster.
In other decisions, the council approved a $125 permit fee for the hanging of banners along Pacific Coast Highway. According to the city, that will recover the cost of staff’s time.
The council also dealt with another state-level issue affecting the city, AB 947. The bill, authored by Santa Barbara Democrat Hannah-Beth Jackson, is an attempt to protect California’s coastline by restricting seawall construction and repair. But opponents say it would leave beachfront residents’ homes vulnerable. All five councilmembers said they are against the bill, with Kearsley saying it was based on shaky science.
“Without my bulkhead or seawall, I would not have my septic system or probably my home,” said resident Carol Randall.
The city has issued a letter to Jackson stating the reasons for its opposition. Lloyd Ahern suggested the city write a second letter to the Appropriations Committee just before it met on the bill to address what he says will be the severe financial implications of the bill on the state and the city. The council supported his idea.
Environmental and Community Development Director Vic Peterson said city staff is reviewing the geological and geotechnical effects the bill could have on the city. They are also gathering information from engineers who work on seawalls in Malibu. Peterson said they would have something available by the end of the week. That information would be made available for the city and sent to Sacramento as part of the public comment on the bill.
The council also heard a presentation from Peterson and the Santa Monica Bay Restoration Commission’s (SMBRC) Stephen Groner on the Septic System Management Plan. The city and the SMBRC are working to improve water quality at Surfrider State Beach and throughout the Santa Monica Bay watershed. The major things being looked at are improving the management of septic tanks in Malibu and creating a Wastewater Management Plan for the city. The program is being funded by the Clean Beaches Initiative Grant Fund Project.