Coastal Panel Vote Aids Disney Plan for Park

In a boost for the Walt Disney Co., the state Coastal Commission on Tuesday dropped its opposition to legislation that would help clear the way for the entertainment giant to build a $3-billion theme resort along the Long Beach waterfront.

In a 6-4 vote, the commission decided to soften its position, taking no stand on the controversial legislation that has been stuck for weeks in the Senate Natural Resources and Wildlife Committee.

In doing so, the commission overruled a recommendation from its executive director, Peter Douglas. He argued that the panel should continue to oppose the bill because it runs counter to state coastal protection policies.

The measure, by Republican Sen. Ken Maddy of Fresno, would clarify the commission’s authority to allow Disney to fill 250 acres of Queensway Bay for the resort, known as Port Disney.

David Malmuth, vice president of Disney Development Co., said he expects that the vote will help in pushing the Maddy bill through the Legislature.

With the bill stalled in the Legislature, Disney officials had turned to the Coastal Commission for help. At least two commissioners said Disney officials lobbied them in recent weeks to drop their opposition, first expressed in a commission vote in April.

In voicing support for the bill, Chairman Thomas Gwyn said, “Maybe it’s time for the Coastal Commission to get out of way and let the Legislature do (its) thing.”

But Commissioner Gary Giacomini, who opposed the measure, described the panel’s action as “chickening out” and removing “by far the most serious obstacle to the bill.” He called the vote “a huge setback” for environmentalists who have maintained that the measure would undermine the state Coastal Act.

Giacomini also predicted that the vote would provide Disney “enormous leverage” as it seeks to win financial concessions from the city of Long Beach, which is engaged in a fierce competition with Anaheim to become home to a second Disney theme park in Southern California. The company has unveiled plans for both projects but has not made a final decision on either.

Port Disney would include Disney Sea, a theme park with rides and attractions, five hotels, retail shops, a marina and a cruise ship terminal.

The purpose of the legislation is to allow portions of the project to be built on 250 acres of new landfill. At issue is whether the landfill can be used for recreation facilities such as an amusement park.

Douglas contends that the Coastal Act allows landfilling for port-related activities but not for recreation. Disney officials disagreed and said they sought the legislation to clarify the commission’s authority.

Even if the legislation is approved, Disney will need commission approval, along with numerous other permits, before beginning construction.

In his recommendation to the commission, Douglas said the waters of San Pedro Bay off Long Beach are an important fish habitat. He urged the commission not to “retreat from its strong coastal water protection policies, even for this single project in this particular location.”

At the direction of the commission, Douglas has negotiated with Disney to narrow the focus of the legislation so that it would only affect Long Beach and would not set a precedent for other parts of the coast. Commissioner David Malcolm, who voted to drop the panel’s opposition, said that as a consequence of the negotiations, a majority of the commission’s concerns “have been alleviated.”

Even so, some lawmakers have sought more concessions from Disney, pushing for trade-offs to restore Southern California wetlands in exchange for the landfilling, spelling out Disney’s commitment to establish an ocean education program and ensuring that its Long Beach employees reflect the community’s multiracial composition.

With the commission backing away from its opposition, environmentalists predicted that Disney would have smoother sailing in Sacramento. “It will make it easier to get the bill through the Legislature,” said Ann Notthoff, an official of the Natural Resources Defense Council.

In the last year, Disney has stepped up its campaign contribution to lawmakers and has increased its visibility in Sacramento.