Judge Voids Coastal Permit Given Malibu Colony House

BY BILL KOENEKER

A Los Angeles Superior Court judge has tentatively voided a coastal permit for a Malibu Colony house granted by the state Coastal Commission after a neighbor challenged the approval.

The legal battle pitted Colony residents William and Steve Littlejohn against Rick Margolis, who is attempting to build a single-family home that the Littlejohns say is too close to the Malibu Lagoon wetlands in a mapped environmentally sensitive habitat area.

The tentative order was announced this week by Malibu attorney Frank Angel in a press release on the writ of mandate issued by the judge on Nov. 30. The writ needs to be signed by the judge, who issued a 25-page decision.

“Angel Law is pleased to announce a court victory on two important statewide coastal issues. Judge James Chalfant decided two issues. First, the judge ruled that the California Environmental Quality Act requires the Coastal Commission to circulate its permit staff reports, which are deemed the functional equivalent of environmental impact report at least 30 days in advance of commission hearings.

“Second, Judge Calfant enforced the Coastal Commission’s duty to consult with other state agencies at the commission’s de novo Coastal Development Permit review level. “The judge insisted the CCC can not satisfy it duty to consult with the Department of Fish and Game by relying on the product of previous DFG consultation undertaken by the local government. Instead, the coastal agency itself must independently consult with  the DFG. The court also agreed with the Littlejohns’ that the CCC’s conclusions that no feasible alternatives to Margolis’ project design was unsupported by the evidence. The court ruled the coastal staff should have considered design alternatives.