Document Appears to Show that MHS Palm Trees Violate City- District School Use Agreement

BY SUZANNE GULDIMANN

A date has not yet been set for the removal and relocation of the 75 queen palms that generated instant controversy after they were planted by volunteers at Malibu High School over the Thanksgiving holiday.
However, documents are available that indicate that the plantings are not only controversial, but may apparently violate a school agreement with the City of Malibu and the Coastal Act.
The Malibu Surfside News has received a copy of the school’s shared use agreement that was filed with the Coastal Commission in March of 1994, when the athletic fields were developed. The document lays out the conditions attached to the permit, including the following restrictions on landscaping:
“A landscape plan shall specify the types, locations, and amounts for plants and seeds to use,” the document states. “Planting should be of native species consistent with fire safety requirements.”
The document also contains view impact restrictions taken directly from the Coastal Act:
“The scenic and visual qualities of coastal areas shall be considered and protected as [a] resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas.”
The document goes on to state that the Coastal Commission requires that any deviation from the plans that it approved “must be reviewed and approved by the staff, and may require new commission approval.”
Frustrated volunteers have complained that the school never met its original obligation to landscape all disturbed and graded areas other than the actual playing fields, and that the palm planting, which cost the volunteer group approximately $7000, and many hours of labor, was intended to rectify that situation and beautify an area that for the last 14 years has been covered with weeds.
Neighbors have countered that the tropical trees, most of them currently around 10 feet tall, have the potential to grow to a height of 50 feet, blocking prized views of ocean. Concerns about potential fire hazard have also been raised. According to a local fire safety advocate, the City of San Bernardino has recently banned new palms in an effort to curb wildfire danger. Los Angeles County is said to be investigating a similar move.
The volunteers have agreed to replace the trees with less intrusive native plantings, as soon as funds are raised to finance the removal. Residents, disinclined to wait until the trees grow any larger, have indicated that they are exploring legal options to speed up the process.