Don’t expect immediate effect of coastal ruling

Garry Brown

Coastal protection is here to stay (“Newport won’t assume coastal

authority yet,” Wednesday).

For those who are overcome with excitement at the thought of a

much-weakened California Coastal Commission or even no commission at

all, well, it is way too early to crack the champagne bottle.

The Pilot’s recent articles reporting Monday the California Court

of Appeals’ ruling the coastal commission unconstitutional fuels the

fire of jubilation for those whose hair stands up straight at the

mere thought of the coastal commission.

Before anyone gets the impression we have lost coastal planning

and protection, I would like to clarify from our perspective -- the

environmentalists -- what will most probably happen in the near

future.

First, there will be no immediate effect. The coastal commission

will most likely receive a stay of the order and appeal the entire

issue to the California Supreme Court.

Second, and most probable, there will be remedial legislation

introduced and supported by the state Legislature and the governor to

stipulate fixed terms on the commissioners’ appointments. Taking away

the ability of the Assembly speaker and the president pro tem of the

Senate to remove the majority of commissioners anytime they desire

would make the commission constitutional. By doing so, it would also

make the coastal commission more independent than it is now.

The Marine Forest Society of Newport Beach brought the lawsuit to

evade a cease and desist order to remove an artificial reef composed

of 1,500 used tires deposited on the ocean floor off the Newport Pier

without a coastal commission permit. The Building Industry Assn.

heavily contributed to the cost of the lawsuit, hoping for weaker

coastal protection via less stringent regulations on coastal

development. Enough said for altruistic motivation.

There is the potential for a great irony here. As a result of the

lawsuit, California may soon wind up with a more independent coastal

commission, which is just the opposite of what the lawsuit was

seeking to accomplish.

We have supported more independence because the alternative is to

turn the commission into a fund-raising tool for the governor.

Developers would be able to heavily contribute to a governor’s

campaign, receive a favorable project approval from the

governor-controlled commission, and the public, who incidentally owns

the beaches, would have no say.

In the unlikely event the remedial legislation is not adopted, and

the coastal commission does not appeal this ruling to the Supreme

Court, real coastal planning and protection would be nonexistent. The

voters of California will once again express their overwhelming

support for coastal protection, and there will be a new initiative on

the California ballot calling for greater protection of the coastal

resources we have left. Ask any state political office holder:

coastal protection is a hot button with California voters.

California desperately needs coastal protection, as there are

fewer undeveloped coastal areas. Thus, they become more valuable, and

the money at stake is huge.

The citizens of California own the beaches and should have total

access to them. We do believe owners of coastal property should be

allowed to develop their property, but they do not have the right to

pollute their neighbor’s property, the public’s property or the

ocean. There are coastal areas and sensitive habitats where it would

be best to preserve undeveloped for future generations. In these

cases, the landowner should expect to receive reasonable value for

the property. These decisions need to be made by a strong,

independent coastal commission and not by cities, most of which are

unfortunately broke and desperate for any source of short-term

revenue.

As one who closely monitors the coastal commission and has

experienced the entitlement process in applying for a coastal

development permit merely to plant kelp on reefs where kelp used to

grow naturally, suffice it to say, the procedures, policies and the

entire entitlement process desperately needs improvement.

Understandably, the entitlement process itself provides ample

ammunition for commission critics. However, for the citizens of

California, our coastline would be a concrete jungle with private

beaches without strong coastal protection provided by the California

Coastal Commission.

* GARRY BROWN is the founder and executive director of Orange

County Coastkeeper.