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Wednesday, January 20, 2010

MRCA to Meet on Lechuza Beach ‘Improvements’

• Agency and HOA Have Differences

BY BILL KOENEKER


Several highly controversial actions planned for Lechuza Beach by the Mountains Recreation and Conservation Authority are scheduled for a public hearing at an MRCA meeting on Jan. 25 in Calabasas.
At that time, the MRCA board is expected to consider authorizing an amendment to the Malibu Coastal Development application for what is being called the Lechuza Beach public access improvements project.
The proposal calls for an accessible portable restroom facility on the MRCA property on or adjacent to what is called Lot “A.” A removable seasonal accessible ramp between the proposed viewing platform and beach adjacent to East Sea Level Drive and a 24-foot-wide access road on public right-of-way between Broad Beach Road and the terminus of West Sea Level Drive (Lot “A”) are also planned.
The quarter-mile sandy beach is completely surrounded by residential development. The residents are members of the Malibu Encinal Homeowners Association, which has tried to work with the MRCA to come to some sort of mutual agreement on the development of public access for what has been described as a nearly pristine beach.
In Oct. 2000, the State Coastal Conservancy granted $10 million dollars to the MRCA to acquire fee title and easement interests at the beach. In 2001, the landowner donated lots 142-148 to the state agency. In May 2002, the MRCA took title to the property, according to MRCA documents.
In August 2006, the California Coastal Commission, which many observers suggest will have the final say in the matter, sent a letter to the City of Malibu requesting that the municipality take enforcement action to respond to “an ongoing problem in the Lechuza Beach area of Broad Beach regarding public parking and public access.” The city organized a meeting and everyone agreed to put together an interim access management plan for CCC approval.
In 2007, the MRCA released that public access management plan and acknowledged the state agency and HOA “have not reached final agreement on all of the issues related to public access.”
The access plan was designed, according to the MRCA, “to document these areas of agreement and to outline a management plan for Lechuza Beach to permit immediate public access to the beach property owned by MRCA.”
In the interim plan, MRCA acknowledged MEHOA’s interest indicating the common interest subdivision known as Malibu Encinal consists of numerous private residential lots, private roads, private accessways and other private rights created in 1932 by the Marblehead Land Company.
“MEHOA has certain management duties and responsibilities under the CC&Rs for the Malibu Encinal subdivions property. MEHOA owns fee title to East Sea Level Drive and West Sea Level Drive.”
The state agency maintains it owns 4.1 acres along the beach and also holds easements for pedestrian and handicapped access along both East and West Sea Level Drive and easements for ingress and egress for agency, maintenance and service access.
The MRCA document describes from its point of view what issues need to be resolved, including how access through the West Sea level gate will be dependent on determining the ownership of the underlying property.”
In the interim, MEHOA will arrange for access subject to private property rights through the West Sea Level gate. Hours of gate operation should be similar to that of other gates,” the MRCA document states.

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