STATE OF CALIFORNIA --N ATURAL RESOURCES AGENCY GAVIN ... · Lechuza Beach Management Plan. The MEHOA letter further states that, in the meantime, public pedestrian access continues

STATE OF CALIFORNIA -- NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA COASTAL COMMISSION SOUTH CENTRAL COAST AREA 89 SOUTH CALIFORNIA ST., SUITE 200 VENTURA, CA 93001 (805) 585-1800

ADDENDUM DATE: May 6, 2019 TO: Commissioners and Interested Parties FROM: South Central Coast District Staff SUBJECT: Agenda Item Th20b, City of Malibu LCP Amendment No. LCP-4-MAL-18-0083-2

(Public Access Map Update), Thursday, May 9, 2019 The purpose of this addendum is to (1) attach and respond to a letter submitted by the Mountains Recreation and Conservation Authority (MRCA) on April 30, 2019 (included as Attachment 1 of this addendum), (2) attach and respond to a comment submitted by a property owner at West Sea Level Drive on May 3, 2019 (included as Attachment 2 of this addendum), and (3) add Suggested Modification 2 in Section III of the staff report. Staff recommends the Commission incorporate this addendum as part of its findings.

1. The letter submitted by MRCA states that they concur with Commission staff’s analysis and findings regarding the status of vertical public access over West Sea Level Drive at Lechuza Beach and encourage the Commission to approve Suggested Modification 1 of the staff recommendation to depict “existing vertical accessway” at that location. The letter from MRCA also attaches a letter dated April 26, 2019 from the Malibu Encinal Homeowners Association (MEHOA) to MRCA, indicating that MEHOA currently holds public access easement rights over a private driveway that connects West Sea Level Drive and Broad Beach Road, which MEHOA will assign to MRCA upon completion of agreements related to the Lechuza Beach Management Plan. The MEHOA letter further states that, in the meantime, public pedestrian access continues over the private driveway from Broad Beach Road to West Sea Level Drive, and MEHOA has no objection to the proposed Public Access Map. Also included in the letter submitted by MRCA is a suggested correction for Map 3 of the update, regarding the property between APN’s 4449-008-011 and 4449-008-012, near the eastern side of Big Rock Beach. This property was originally owned by the California Department of Transportation, and was transferred to the California Department of Parks and Recreation on March 10, 1983. The Department of Parks and Recreation then transferred the property to the Santa Monica Mountains Conservancy on November 21, 2018. Thus, the property is currently owned by the State, and should be shown as “Public Beach” and “State of California Owned” on the Public Access Map. Commission staff has addressed this correction with the addition of Suggested Modification 2, as described in subsection 3 below.

2. The comment submitted by Mr. William Kiefer, a property owner at West Sea Level Drive, states that the easement for public use of the private driveway between Broad Beach Road and West Sea Level Drive is semi-formalized, pending the completion of the Lechuza Beach Management Plan between MRCA and MEHOA. Mr. Kiefer further states that because the management plan is not yet finalized, the publication of specific information about the easement is premature. The issue raised by Mr. Kiefer is addressed in the April 25, 2019 staff

Th20b

Addendum City of Malibu LCP Amendment No. LCP-4-MAL-18-0083-2

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report. To summarize, the public access maps proposed to be updated by this LCP amendment are intended to be used for planning purposes only, to inform the City’s interpretation of the public access policies and provisions of the certified LCP. Furthermore, the vertical accessway in question has been used by the public since 1991, with the permission of the property owners but without a formalized easement recorded. As discussed above, such an easement granting public access over the private driveway is currently held by MEHOA, and will be transferred from MEHOA to MRCA in the near future pursuant to their settlement agreement. For these reasons, vertical public access at West Sea Level Drive should be depicted on the Public Access Map as an existing open vertical accessway based on historic, continuous public use of the accessway since 1991, as reflected in Suggested Modification 1 of the staff recommendation.

3. Suggested Modification 2 (Public Beach Correction) shall be added on Page 7 of the staff report, as follows, to ensure that the property between APN’s 4449-008-011 and 4449-008-012 is accurately depicted as public beach owned by the State:

Modify Section 3 of Public Access Map 3 to depict the property between APN’s 4449-008-011 and 4449-008-012 as “Public Beach” and labeled “State of California Owned.”


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Attachment 1

Addendum LCP Amendment LCP-4-MAL-18-0083-2


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Attachment 2 Addendum

LCP Amendment LCP-4-MAL-18-0083-2


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STATE OF CALIFORNIA --N ATURAL RESOURCES AGENCY GAVIN ... · Lechuza Beach Management Plan. The MEHOA letter further states that, in the meantime, public pedestrian access continues