Malibu moves to keep ESHA mitigation fees in city hands Play

Malibu wants to stop sending money to the MRCA's parent group every time someone builds a house in an environmentally sensitive habitat area, or ESHA. The city is starting the paperwork to instead funnel that money into a city-administered mitigation fund.

Sometimes people find themselves with a lot where a house can only be built if they cut down a tree or if they have to grade in ESHA. To say no to all construction there would be an unconstitutional taking of land. So the Coastal Commission makes Malibu collect an impact fee. But the money goes to restore ESHA wherever the MRCA's parent group wants to spend it.

Two problems there, said city manager Joe Irvin. Many people are building houses here and they would simply pay the fee rather than try to design their homes without impacting trees or ESHA. That's not good. The city wants to make sure architects design their projects to avoid ESHA impact, to avoid cutting off trees. And the city wants to decide how that money is spent here in Malibu rather than let the Santa Monica Mountains Conservancy decide. The SMMC, the Conservancy, is the same agency that runs the MRCA, and they can spend the money anywhere they want to.

A city council subcommittee will consider changing that money transfer rule. That, however, will have to be approved by the city council and then approved by the Coastal Commission.