CA Coastal Comm'n Eases One Restoration Req't On Loynes-South Parcel Owner: No Need For Impermeable Cap On Bulldozed/Disturbed Former Dump Site But Other Revegetation Req'ts Remain

(Mar. 9, 2011) -- As reported on LBReport.com's front page yesterday (Mar. 8) and linked live as it took place, the CA Coastal Comm'n voted on March 8 to approve an amendment sought by landowner Loynes, LLC [Sean Hitchcock related entity] to ease previously required Coastal Comm'n conditions that included placement of an impermeable cap on the parcel between Los Cerritos channel and mobile home park that the landowner graded/cleared of vegetation without permits in March 2009. (Photo right from March, 2009)

VIDEO is now available of the entire item. To view it on-demand, click here AND fast-forward / scroll to 1:50:00 into meeting when item begins. To view the Coastal Commission item as agendized, click here.

Coastal Comm'n staff supported the landowner-requested amendment, saying an impermeable cap (atop the disturbed dump site) could push methane laterally into areas under the adjacent mobile home park and University Park Estates neighborhood (across Loynes Dr.) unless the landowner put roughly 19-20 extraction wells on the site to vent the methane..

The Coastal Comm'n's other restoration requirements (including revegetation) remain in place with a revised re-vegetation plan. (Mr. Nutter indicated LCWLT supports the revised revegetation plan and landower's rep doesn't oppose it). CCC staff recommended deleting the impermeable cap requirement and seasonal pools because, CCC staff said, this would have the least significant adverse effects on the environment.

"Approval of the permit amendment with conditions will require the applicant to re-vegetate the disturbed area on the landfill with Southern California native plants appropriate to the site’s condition as an abandoned landfill. The previously imposed provisions for monitoring and future maintenance of the site are unchanged by the amendment," Coastal Commission staff's agendized report said.

The landowner's position was presented by a representatives of Schmitz & Associates, Inc. (Malibu-HQ'd firm offers land development consulting and planning services) using a Power Point and photo presentation. Don Schmitz's presentation repeatedly stated that the parcel (SEADIP subarea 23a) wasn't and isn't wetlands.

A number of speakers from LB travelled to the Coastal Comm'n meeting site in Chula Vista (south of San Diego near Mexican border). Speakers included LCWLT attorney Mel Nutter, Tom Marchese (strongly contended that parcel was a restored wetlands, charged lack of adequate notice in the Commission's item, sought continuance and change of venue closer to LB), Mary Suttie (urged significant fine on landowner and criticized LB City Hall actions "The City of Long Beach did not help us.") and David Robertson (likewise criticized landowner).

California Coastal Commission senior staffer Jack Ainsworth indicated that staff "doesn't believe there's any substantial evidence to suggest there were wetlands on the site." Regarding fines, Mr. Ainsworth said the agency's enforcement division will be considering what course of action to pursue and what took place remains an open violation. Mr. Ainsworth told the Commission that LB City Hall had given the landowner/applicant "mixed messages" on whether permits were required and city didn't have an emergency permit ordinance in place at the time.

By submitted letter, El Dorado Audubon urged an enhanced revetation plan along the Los Cerritos channel; Mr. Ainsworth indicated staff could look into this in working with landowner regarding existing condition 1.