Court of Appeal Backs YMCA’s Temescal Bid

Last week, the California Court of Appeal upheld various permits issued in 2003 by the City of Los Angeles facilitating the Palisades-Malibu YMCA’s acquisition of a four-acre site in Temescal Canyon and continuing the summer day camp and seasonal sales of Christmas trees and Halloween pumpkins at that location. In June 2004, the Los Angeles County Superior Court dismissed all contentions of the Friends of Temescal Canyon without qualification, and it was this dismissal that was affirmed by the Court of Appeal. The Temescal site, located at the corner of Sunset Boulevard and Temescal Canyon Road, is the subject of a 1985 option agreement that requires recording of a parcel map before title can be transferred to the YMCA. Although the City approved the map, and the Court of Appeal has now upheld this approval, Friends of Temescal Canyon will now take an appeal to the California Coastal Commission, which also has jurisdiction under the Coastal Act. “We are pleased with the appellate court decision,” said Carol Pfannkuche, executive director of the local YMCA. “It will allow us to continue our longstanding tradition of providing positive, community-oriented programs and activities involving Palisades families in this location. Frank Angel, the attorney representing the Friends of Temescal Canyon, while disappointed with the court’s decision, told the Palisadian-Post that the appellate decision will not prejudice the Coastal Commission’s decision. “We are especially disheartened by the court’s acceptance of the City’s dismissal of the seriousness of privatizing public parkland as a non-significant environmental issue that would not require a general plan amendment,” Angel said. “The Brentwood/Palisades plan classifies Temescal Gateway Park as publicly owned open space, with the express purpose of ensuring long-term general public access to this parkland. That assurance is not given, even with the Y’s 10-year promise to keep it as open space.” In addition, The Friends argue that the agreement between the YMCA and the Santa Monica Mountains Conservancy is not binding on the Coastal Commission. “The agreement does not force the Commission to sign off on the permit,” Angel said. “By law, the contract between the Y and Conservancy cannot force the Commission to sign off on a coastal permit.” The Coastal Commission had not yet made a decision to place the matter on the August calendar.