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Beach-access case proves commission's value
t
least David Geffen himself had the sense not to comment on the recent
settlement of the lawsuit filed by the Coastal Commission over the
public's right to access the beach near his Malibu home. When a Los
Angeles TV newscaster asked one of his neighbors if she thought
private property rights of beachfront homeowners should extend into
the water, she replied, "They should extend to the middle of the
Pacific Ocean."
Such arrogance shows why the Coastal
Act and the Coastal Commission are so important. Imagine the problems
that would be created for maritime commerce and California's $61
billion beach-related tourism industry (California Beach Restoration
Study, 2002) if these "my-money-makes-me-special" attitudes
formed the basis for managing the state's coastal activities.
Even the deliriously successful of this
state must have respect for its laws, whether or not they find them
convenient. The battle with Geffen dates back to an agreement that he
made with the commission in 1983 to open a pathway to the beach in
exchange for receiving permits to begin building his beachfront
compound over multiple lots. He reneged on the agreement when he
erected two sets of locked wooden gates to close the access walk.
The settlement will help provide
increased public access to the beach through the otherwise
impenetrable wall of oceanfront homes that stretch for nearly four
miles in eastern Malibu. The right to access the wet sand, however, is
guaranteed by California's Coastal Act and as former Coastal
Commissioner Ellen Stern Harris has said, "You shouldn't need a
rowboat to get there."
As the decision-making body that rules
on all development permits along the coast, the Coastal Commission is
always controversial. Both developers and environmental activists
generally regard the rulings of the commission as too lenient toward
the opposing side. In that balance, can be seen the wisdom of the
authors of the Coastal Act and the voters of the state who passed the
1972 initiative that created it.
Without it, there would be no coastal
wetlands, no habitat for birds and other shore-dwelling species and
few public access points to beaches other than in crowded metropolitan
areas. Unfortunately, there are still more than 100 other blocked
access routes to the shore through residential communities in Laguna
Beach, Santa Barbara, Mendocino and San Mateo counties.
Coastal Commission Executive Director
Peter Douglas said that the Geffen settlement "should send a
signal to other holdouts. We are going after them with equal vigor
that we did in Geffen's case."
Anyone who has attended a Coastal
Commission meeting understands that the work of the commission can be
extremely complex. Dozens of permit applications are considered at
each monthly meeting, each with its own set of complexities. The
commissioners must assess a large amount of detailed information
before voting. Agendas are long and sessions frequently stretch into
late evening. The unpaid commissioners only receive reimbursement for
travel expenses as their meetings are held in different coastal cities
each month. State budget cuts have whittled away at the commission's
staffing resources, increasing the staff's workload at a time when
such major issues as the federal government's efforts to expand oil
drilling off the coast demand immense staffing resources.
Many Californians list our beautiful
coast as a primary reason they live here. Those who feel this way can
do something of real importance to protect it. Call, write or e-mail
the offices of those who appoint our coastal commissioners -- the
governor, the Senate pro tem and the speaker of the Assembly. Tell
them we need not only commissioners who will continue to act
vigorously on behalf of the public and the environment, but also an
adequate budget for commission staff to do their job.
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Ventura County Star
April 24, 2005
By
Janet Bridgers
Founder/Director
Earth Alert!
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