Fred Segal Foundation Cease and Desist and Restoration Orders

Summary

December 1, 2015

Since the purchase of the property in the early 1980s, the Fred Segal Foundation property has had a number of unpermitted developments including: the unpermitted subdivision of the lot; unpermitted placement of structures and infrastructure; removal of vegetation and more. This is significant as a large portion of the area is environmentally sensitive habitat area, and the development has resulted in the clearance of and impacts to sensitive habitat in the Santa Monica Mountains.

In the late 80s, an enforcement action was initiated by Staff, which resulted in the issuance of a CDP to address the violations and accommodate potential future development. However, additional unpermitted development occurred outside the permitted area. The CDP additionally required dedicated open space easements to protect the watershed and wildlife corridors and these areas would cover the entirety of the property with the exception of the specified development areas. Again, however, unpermitted development occurred within the easements.

Commission Staff were notified by LA County of development and, in response, sent a notice of violation letter in 2010. Again, the opportunity to resolve the issue through a CDP was offered, but the applicant did not complete the CDP application and thus another notice of violation was sent in 2011.

A Consent Cease and Desist Order was issued in 2012 for the western three properties, and the remaining unpermitted development is addressed by this Consent Order.

Why You Should Care

While it was a longtime in the making, this item is a good example of the Commission working to hold landowners accountable for their actions through both persistence and working with the Respondents (the landowner and its successors).

Outcome

Pro-Coast Vote

Anti-Coast Vote

The approval and execution of this item results in the Respondent agreeing to:

1) remove unpermitted structures and materials; 2) install temporary erosion control measures; 3) conduct restorative grading; 4) revegetate areas impacted by the Unpermitted Development 5) mitigate for the temporal loss of habitat and payment of $45,000 to a mitigation fund that will be used for additional restoration in the Santa Monica Mountains; 6) resolve civil liabilities under the Coastal Act by paying a total of $400,000; and 7) request after-the-fact authorization for a swimming pool, hardscape surrounding the swimming pool, and the conversion of a barn to an enclosed recreation room.

Organizations Opposed

Decision Type

Consent Cease and Desist Order, Consent Restoration Order

Staff Recommendation

Approval