Friends,
To Start – this issue is not about saving Malibu Valley Farms – we won that battle – this issue is purely about horses – please read.
On July 9, 2007, Malibu Valley Farms was granted a Coastal Development Permit from the California Coastal Commission. Malibu Valley Farms is a 31-acre parcel, but only six acres are flat. The horses and structures all sit on these six acres. As part of the approval, Malibu Valley Farms offered to place an agricultural easement over the remaining 25 acres and the Commissioners asked that our offer be included in the permit.
Eleven months later, Malibu Valley Farms is on the Coastal Commission agenda again for final approval of the Findings and Conditions for its permit. We just received a copy of the Conditions and are very concerned over the language being proposed by the Coastal Commission Staff. Basically, Staff has written the Agricultural Easement as an Open Space Easement and requires that Malibu Valley Farms obtain an additional permit for any and all agricultural activities. The ramifications of this go beyond Malibu Valley Farms because this permit will be used as precedent for agricultural easements once this is passed.
Here is the language being proposed by the Staff:
Agricultural Easement
A. No development, as defined in Section 30106 of the Coastal Act, shall occur in the Agricultural Easement Area as shown on Exhibit 29 except for:
1. Restoration, protection and enhancement of native habitat and/or sensitive resources;
2. Existing livestock fencing as shown on Exhibit 29.
AND
3. The following development, if approved by the Coastal Commission as an amendment to the coastal development permit:
• Agricultural production activities as defined as “activities that are directly related to the cultivation of agricultural products for sale. Agricultural products are limited to food and fiber in their raw unprocessed state, and ornamental plant material.
• Agricultural support facilities directly related to the cultivation of food, fiber and ornamental plants being undertaken on the site.
• Maintaining livestock
B. Prior to the issuance of the Coastal Development Permit, the applicant shall execute and record a document in a form and content acceptable to the Executive Director, granting to a public agency or private association approved by the Executive Director an agricultural conservation easement over the “agricultural easement area” described above, for the purpose of preventing development or improvement of the land for purposes other than agricultural production, and thus ensuring that the land remains in its historical, agricultural, forested or open-space condition. The recorded easement shall include a formal legal description of the entire property; and a metes and bounds legal description and graphic depiction, prepared by a licensed surveyor, of the agricultural easement area, as generally shown on Exhibit 29. The recorded document shall reflect that no development shall occur within the agricultural easement area except as otherwise set forth in this permit condition. The offer shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed.
There are several egregious aspects to what the Coastal Staff is trying to do:
1. The only things permitted under the Staff’s version of an agricultural easement is native or sensitive habitat. This is not agriculture, this is an open space conservation easement. Staff is trying to redefine agriculture to be the same as open space.
2. Agricultural activities require a separate permit – they are trying to take away the rights you have in an agricultural area and make you go back and ask permission to do those same things.
3. In addition to calling a portion of the property an “agricultural area” – the Staff has gone a major step further. In Section B they are stating that Malibu Valley Farms must grant an agricultural conservation easement over the agricultural area to a public agency or private association approved by Peter Douglas for the purpose of making sure the property is not used for anything other than agriculture production. Horses are not agriculture production and will never be allowed in an agriculture area.
4. I have attached a copy of Exhibit 29 which is referenced in the condition that Staff wrote. In looking at it you will see that the Agricultural Easement Area is nowhere near the creek that was at issue in the original permit. This isn’t about horses near creeks, this is about horses, period.
Staff did not want Malibu Valley Farms to be issued a permit. And they lost that battle – so now they are doing everything they can to make sure horses are not agriculture. They are once again trying to stop people from having horses in the Coastal Zone. Throughout the state, there are historical agricultural uses and horses have always been included. Now, Staff is taking the bold and clear stance that horses are not agriculture, and by the way, if you are in an agricultural area, the only right you have is to grow sensitive habitat.
If Staff gets their way, all areas declared to be agriculture will be limited to preservation of sensitive habitat.
The Staff is at it again and this time they are going against the Coastal Commissioners themselves. The Commissioners approved an agricultural area, not a conservation area. Staff did not write this recommendation based on what the Commissioners wanted. Please do not let Staff win this one. The horse community showed their strength and unity last year, and it is time to do it again. This issue is not about Malibu Valley Farms – this is how Staff is trying to redefine agriculture – and take away all of your horses and rights. Please tell the Commissioners that agricultural rights are to be protected and that horses are agriculture.
Please send letters to:
California Coastal Commission
89 South California Street, Suite 200
Ventura, CA 93001
(805) 641-1732
Reference Application No. 4-06-163
I was asked to prepare a sample support letter, which I have also included. Please feel free to use this letter or create your own.
Thank you and as always, please pass this along and please feel free to contact me with any questions. The Staff report is on the Coastal Commission’s website and can be read there.
Beth Palmer
Beth Palmer
Malibu Valley Farms, Inc.
26885 Mulholland Highway
Calabasas, California 91302
Phone: (818) 880-5139
Fax: (818) 880-5414
