Decision overrules Malibu Planning Commission’s denial of MRCA’s application
In April, Malibu’s Planning Commission approved Mountain Recreation Conservation Authority’s application for the Lechuza Beach Public Access Improvement Project Coastal Development Permit with one exception — the Commission expressed concerns about MRCA’s constructing an ADA-compliant, single-stall public restroom on a cliff at Lechuza Beach, citing issues regarding the structure blocking coastal views and potential public safety and environmental hazards from wave action.
The Planning Commission determined that “even though the proposed restroom would enhance public access at Lechuza Beach, it is located on a coastal bluff and would result in adverse impacts to public views, and these impacts are not outweighed by the provision of a restroom facility.”
MRCA appealed the commission’s denial of its proposed bathroom construction to the Coastal Commission.
On Sept. 13, the Commission considered the matter, assuming jurisdiction after determining that “substantial issues exist” with regard to the planning commission’s determination. “The city’s findings consist primarily of conclusions with minimal analysis and do not address the specific visual impacts relative to the siting of the restroom facility to support its conclusion,” stated a commission staff report, which opined that the commission staff in Malibu should have conducted an in-depth analysis to minimize the visual impact of the restroom rather than eliminating an essential public amenity.
The Planning Commission’s arguments against the restroom facility
City Planner Joseph Smith, representing the City of Malibu Planning Commission, showed Coastal commissioners a picture of the coastline with story poles showing a major portion of the coastal view blocked by the proposed two-story-high bathroom.
“The applicant wishes to site a restroom facility in this location that would irreparably block public views moving forward,” Smith stated. “The city fully understands the importance of public access and amenities. The city is not anti-restroom, but it is anti-public view blockage.”
Smith also stated that the city objects to MRCA constructing the bathroom in the view location because the city had negotiated a court settlement with Broad Beach residents. “The issue is simply this: a settlement agreement is a private matter,” Smith said. “A public view blockage is a public matter.”
Smith alluded to the improvement project being on hiatus for several years pending the disposition of litigation filed by the adjacent Malibu Encinal Homeowners Association regarding concerns relating to access, easements, and use of the beach.
The years-long proposed project dates back to 2007, when MRCA submitted an application for a conditional use permit and proposed to provide public access to its approximately one-quarter-mile stretch of Lechuza Beach.
The Coastal Commission determined that a settlement in 2018 between the city and the HOA included the necessary easements for MRCA to construct the public restroom and complete the rest of the project.
Linda Escalante, Coastal Commission member, noted that members of the public visiting Lechuza Beach need restroom facilities. “What do people do, they go there and they don’t want to leave?,” Escalante queried. “They go (to relieve themselves) under the water or worse, they go under the houses that are further down.”
In addition to placing the public restroom on the bluff, MRCA’s construction will include installation of an on-site wastewater treatment system (OWTS), a gate, access improvements, an ADA-compliant van parking space, and access aisle, and reconstruction of existing view platforms and staircases. The project will construct the OWTS and leach field on separate properties. The MRCA obtained variances for locating public access improvements on a steep slope, for a reduction in the blufftop setback, and for retaining wall heights exceeding 6 feet, and a sign permit to install informational signs.
Members of Broad Beach have expressed concerns regarding how the public restroom facilities will impact their neighborhood and the beach.
“It will become a pig sty.” Bill Sampson said. “Unfortunately, public restrooms become unclean and there are concerns that a restroom built on a cliff might crumble into the ocean.”