“The issue deals with management of public access and how it would be integrated in a private community,” Rick Davis, the homeowners association's attorney, said Monday in a phone interview. The homeowners association, however, states that it has voluntarily provided public access to Lechuza Beach for decades. The HOA can sue, but on things like public access there's a pretty broad consensus. Most of this back and forth through the years with the HOA has been Coastal Commission from making the final decision. “There's no way around the fact that ultimately the Coastal Commission is going to make the final decision. “The homeowners association certainly has the right to go before the city council, which I'm sure will be a sympathetic entity to them,” Edmiston said Monday in a phone interview. MRCA Executive Officer Joe Edmiston, with whom the Coastal Commission has sided in numerous land-use disputes against the City of Malibu, on Monday said the homeowners association's rejection of the beach management plan stems from its opposition to public access. The council's decision can then be appealed to the Coastal Commission.) (The Planning Commission, whose decision can be appealed to the city council, must also hear the project. Since that time, the homeowners association and the state agency have failed to agree on a beach management plan, which since 2007 has been pending initial approval from the city's Environmental Review Board. The MRCA purchased the land from developer Norm Haynie for $10 million in 2001 after receiving most of the purchase money from the State Coastal Conservancy. The MRCA sought to amend those easement rights at a special meeting last week Wednesday, but instead voted to finalize a beach management plan-a mandatory part of the project application that dictates the uses of the beach and whether it should be treated as public or private in circumstances such as hours of access. The MRCA, however, argues that the easement rights only apply to those with homes on their property. Though the MRCA owns the undeveloped property on which it seeks to make the improvements, the Malibu-Encinal Homeowners Association says the state agency is not legally entitled to do so because the project interferes with easement rights (also known as covenants, conditions and restrictions) granted by the association to each homeowner in the neighborhood. The Malibu-Encinal Homeowners Association owns the first two gates, while the latter gate is the property of the MRCA. The project, proposed by the Mountains Recreation and Conservation Authority, comprises several additions intended to improve public access to Lechuza Beach through three gates, which are located at the entrances of East Sea Level and West Sea Level drives, and across the street from Bunny Lane off Broad Beach Road. The battle over the project has also become contentious, with references to “extortion” and “blackmail” regarding the removal of a gate on the state-owned part of the beach, and a state agency head saying the real issue is about residents wanting to restrict public access. The outcome of an eight-year war between a state agency and a local homeowners association over a public access enhancement project proposed for a state-owned piece of Lechuza Beach could end up in familiar hands: the California Coastal Commission. The issue may end up in Coastal Commission hands. The head of a state agency, which seeks to improve public access to Lechuza Beach, says a homeowners association wants to restrict such access. Public vehicular access on West or East Sea Level Drive is not available at this time.Public Access, Homeowners' Rights Core of Lechuza Battle The public has the right to use the pedestrian gates at West Sea Level Drive and East Sea Level Drive to walk down to the beach. There are three public access points: (1) At the intersection of Bunnie Lane and Broad Beach Road (2) Off of the intersection of West Sea Level Drive and Broad Beach Road (continue south on West Sea Level Drive once through the pedestrian gate), approximately 0.20 mile west of Bunnie Lane, a short walk through the neighborhood leads to a beach staircase at the end of West Sea Level Drive (3) at the intersection of East Sea Level Drive and Broad Beach Road approximately 0.20 mile east of Bunnie Lane, a short walk through the neighborhood leads to the beach at the end of East Sea Level Drive. The beach includes exquisite rock formations, kelp forests and scenic views. The State Coastal Conservancy granted the Mountains Recreation and Conservation Authority funds to acquire this spectacular beach property in Malibu, near El Matador State Beach. The Upper Los Angeles River and Tributaries Working Group.
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