Ocean Trails- The Trump Organization

Summary

July 1, 2014

The application included a request to amend the current permit to reconfigure 26 residential lots and two golf course lots resulting in reduced residential density. As part of the changes to the original permit, the Trump Organization also sought to gain retroactive approval of a 90-foot flagpole that had been illegally constructed 10 years ago and grading that had already been undertaken for the re-designed project.

Why You Should Care

Commissioner Zimmer crystalized the situation with this quote: “ I’m bothered by how such an important symbol of the law was put up in violation of the law, and has remained in violation of the law.” Unfortunately, some people attending the hearing mischaracterized the issue saying it was unpatriotic to remove the flagpole and flag. However, it was clear that if the City wanted to approve the flagpole in question, it needed to file an amendment to its Local Coastal Program (LCP) in order to do so. LCPs are the backbone of the Coastal Act and are created to protect coastal resources (including views). Local municipalities are required to uphold the letter of the law via the LCP. The lack of details regarding water quality protection was also worrying. Fortunately, Commissioner Duclos made recommendations that the golf course focus on obtaining infrastructure to use recycled water in the future and he also requested a more robust water quality management plan that analyzed the use of pesticides/herbicides and curbing any polluted runoff.

Outcome

Pro-Coast Vote

Anti-Coast Vote

There were two major permit issues that monopolized the Commission debate—the illegally constructed flagpole and the water quality management plan. The Commission voted unanimously to approve the permit, but only after urging the Applicant and the City to remove the flagpole from the current application and to go back and amend the Local Coastal Program (LCP) to include specific language allowing the flagpole to be over 26 feet. As it stands now, the LCP prohibits structures over 26 feet, and therefore the flagpole is in violation of the LCP. The Commission made important suggestions to the water quality management plan thereby making the permit requirements stronger.

Organizations Opposed

Decision Type

Permit Amendment

Staff Recommendation

Approval with conditions.