Developer keeps permit

Native Americans who have sought for years to protect what they see is a sacred site in the Bolsa Chica wetlands lost a critical, 11th-hour fight when the state Coastal Commission unanimously ruled not to revoke Hearthside Homes’ development permit, which it granted in 2005.

The ruling came after three hours of discussion in Long Beach on Nov. 13 when Native Americans and environmentalists alike tried to save a site in which more than 100,000 artifacts have been found — including human remains that many said were their own ancestors’ bones.

Due to constraints on how the commission can legislate, it was unable to revoke the permit because it was unable to conclude that Hearthside willfully lied to the commission about the findings in 2005.

Commissioners voiced their regret at having their hands tied by the rules.

“We have a long and unattractive history of not understanding and not respecting Native American sacred sites,” Commissioner Mary K. Shallenberger said.

“As much as I regret it, I’m against revocation.”

Hearthside Homes plans to build about 300 luxury homes on the site, known as Brightwater.

The developer’s opponents claim that it sought to hide the wealth of archaeological discoveries in the wetlands in order to pursue its own agenda.

Anthony Morales, the leader of the Gabrielino-Tongva tribe, has acted as spokesperson for the various tribes who have fought the development at Bolsa Chica.

He was appointed by a state commission as the liaison between the tribes and the developer.

The site was believed to be a community and burial ground that was used by both the Gabrielino-Tongva and Juaneño band of Mission Indians.

“This action is an attack on our culture,” Morales said.

At the meeting, Hearthside Senior Vice President Ed Mountford said that his company had filled out all of the necessary reports and followed proper procedures in dealing with the artifacts.

The commission decided that the opponents’ case failed to show that Hearthside intentionally included false or deceptive information in its reports to the commission.

However, commissioners chided Hearthside for not conducting the reburial process quickly enough.

CANDICE BAKER can be reached at (714) 966-4631 or at candice.baker@latimes.com.