On Wednesday, the Commission heard an appeal of a City of Malibu issued CDP for a new home development by Klein Family Partnership. The proposed project would demolish an existing home on Broad Beach, remove unpermitted accessory structures including a concrete patio, stairs and lawn area, and construct a new 5,700+ sq.ft. single-family home. The project would also include replacing the wastewater treatment system and some habitat restoration. Coastal Commission staff recommended a number of key improvements to the project to reduce coastal hazards on the site including moving the house 4 feet landward, elevating the home, removing retaining walls that would have acted as shoreline armoring and a lateral public access easement along the beach. Special Condition 2 protects the beach and public coastal resources from a future seawall and — critically — requires the landowner to remove the home or any development if deemed necessary upon government agency orders due to coastal hazards. Importantly, Special Condition 2 also requires the applicant to conduct a mean high tide line survey and seek to retain, relocate or remove the development within 180 days if a survey determines the new home is occupying public tidelands as sea levels rise and the high tide line migrates landward. Special Condition 3 requires disclosure of coastal hazards risks for current and future property owners.
Why You Should Care
Without the special conditions imposed in the Coastal Commission permit, Broad Beach would be traded for private benefit. Special Conditions 2 and 3 appear to be uniquely strong in enforcing MHTL surveys and relocation of property that could become public as sea levels rise.
Negative Conservation Vote
While the project applicant opposed Special Condition 2 in correspondence with Coastal Commission staff, they did not oppose it or raise concerns at the hearing; thus, this project was approved unanimously. Surfrider Foundation supported Special Condition 2, pointing out that this project has a history of unpermitted development and Broad Beach has a long history of erosion issues. A revetment at Broad Beach was the subject of a long battle between property owners wanting to protect their homes with a seawall and the public wanting to protect the beach, beach access and public coastal resources. While this home is not fronted by the infamous seawall, the conditions imposed by staff are appropriate given that the mean high tide line will eventually migrate landward due to sea level rise and the property will then impact public resources in a place that has long suffered from private impingement on public access. Commissioner Roberto Uranga motioned to approve the project and Commissioner Paloma Aguirre seconded the motion and the staff recommendation passed unanimously.
Appeal + De Novo
Approval with Conditions