REGION: Senator amends Coastal Commission bill

By DAVE DOWNEY - Staff Writer | Friday, April 4, 2008 7:46 PM PDT ∞

In an attempt to salvage legislation that environmentalists want killed, a San Diego state senator has amended a bill curbing the California Coastal Commission's power to appeal local decisions on shoreline hotels, condominiums and home remodelings.

The 12-member state commission oversees land-use decisions of coastal cities and counties under a mandate to ensure projects don't harm the ocean or restrict public access to the beach. If the commission staff doesn't like a particular decision, it can launch an appeal with the support of two commissioners.

That's a process some developers and North County officials see as unfair ---- and one that can result in lengthy project delays.

Responding to those concerns, Sen. Denise Moreno Ducheny, D-San Diego, introduced the bill to strip the commission's ability to launch appeals. But environmental groups don't want the power taken away.

Mark Massara, coastal programs director for the Sierra Club, said environmental groups flooded the Senate Natural Resources and Water Committee with about 2,500 letters urging the bill be killed. The committee is scheduled to conduct a hearing at 9:30 a.m. Tuesday.

"We don't view the existing dynamic as being flawed," Massara said during a telephone interview Friday. "The program is working as it was originally intended, and working well."

In the face of stiff opposition, Ducheny amended her Senate Bill 1295 and reinstated the two-commissioner appeal procedure.

But she decided to require the commission to provide written comments about projects before entities makes decisions.

"The amendment was intended to address concerns that have been raised by the environmental community," said John Ferrera, Ducheny's chief of staff. "What we're trying to do is strike a balance between the need to protect the coastal environment and coastal access, and the need to improve a local planning process that can take years."

But Peter Douglas, commission executive director, said the amendment doesn't resolve his concerns.

"It's not feasible to require the Coastal Commission or its staff to be involved in or to provide written comments on every coastal permit that is filed with a local government along the entire coast, in order to establish the right to appeal later on," he said.

Oceanside Councilman Jerry Kern, who backs the bill and wants to reform the appeal process, said he's not sure the amendment works.

"Even though I'm not particularly a fan of Coastal Commission staff, I think that would burden them if they got involved that early in a project," Kern said.

Douglas said the agency annually reviews 1,500 to 2,000 final decisions of city and county governments. Providing detailed comments at the front end would be hard, he said.

The flurry of activity may mean the bill faces an impossible road to passage.

"This bill's in trouble," Kern said. "They haven't even had a hearing yet, and it's already being amended."

And environmentalists haven't backed down.

"There is no acceptable compromise on the appeal process," Massara said.

Contact staff writer Dave Downey at (760) 745-6611, Ext. 2623, or ddowney@nctimes.com.