Bolsa Tug-of-War Ready to Resume

Once again, developers have redesigned the Bolsa Chica housing project, cutting in half the number of homes to be built atop a mesa overlooking one of the largest wetlands in Southern California.

But even the prospect of 1,235 homes instead of 2,400 is not assuaging the fears of environmentalists who want to preserve the ocean-side mesa as open space.

A flurry of Bolsa Chica activity has erupted in recent days, spurred by redrawn plans, suspicions of settlement talks and even a developer’s surprise purchase of a piece of wetlands.

The activity comes at an important juncture for both developer Koll Real Estate Group and environmentalists who have fought for decades to fend off development of the area between Huntington Beach and the sea.

Next week, that tug-of-war is due for a repeat performance before the California Coastal Commission, in the wake of a court decision that found fault with commissioners’ 1996 approval of an earlier Koll plan.

Koll is hoping for swift commission approval of its scaled-down plans, which call for no more than 1,235 homes on the mesa and none in the wetlands. A Koll official pointed out that the project has shrunk dramatically, from nearly 6,000 homes in 1986 to one-fifth that number today. And plans for 900 homes on the wetlands were canceled months ago.

“That’s a pretty remarkable change. So everyone wins, and it’s done with,” Koll Senior Vice President Lucy Dunn said.

Some environmentalists, however, see the vote next Thursday as a chance for coastal regulators to review a more expansive question: whether homes even belong on a mesa alongside one of the most ecologically sensitive wetlands on the Southern California coast. They point out that the commission’s membership has changed significantly since it voted in January 1996 to allow 3,300 homes on and around the wetlands.

“We’re hoping that this coastal commission represents a new crew on board here,” said Flossie Horgan of the Bolsa Chica Land Trust, which opposes mesa development. “What the Coastal Commission is supposed to do is protect the California coast instead of piecemeal it and pave it.”

A string of recent events has rekindled public interest in the Bolsa project:

* The basic concept of the slimmed-down Koll plan, which calls for no more than 1,235 units, has won initial approval from the Coastal Commission staff. The development now would consist primarily of single-family homes, with fewer townhouses and condominiums than planned, and Warner Pond would not be filled in as once planned.

* In a surprise move, a small swath of Bolsa wetlands owned by the Fieldstone Co. was purchased Tuesday by a subsidiary of Koll. The 42-acre parcel played a central role in the May 1996 court decision faulting the commission’s earlier vote, since 200 homes were planned on the site. Now Koll is talking to the State Lands Commission about a public purchase, Dunn said.

* A Koll-owned piece of lowlands called Edwards Thumb would be earmarked for conservation, and Koll says it would be turned over to Orange County. But questions of possible oil contamination on the property would need to be explored, officials said.

* Environmentalists are irked by reports that attorneys for Koll and coastal commissioners have discussed a possible settlement plan that could narrow the scope of the commission’s actions next week.

In fact, the question of just what the commission will review next Thursday has become a key issue for Koll and environmentalists alike.

That question dates back to the ruling by Superior Court Judge Judith McConnell last spring that faulted the Coastal Commission for its 1996 vote allowing housing on the Bolsa Chica Wetlands and permitting Warner Pond to be filled. The California Coastal Act forbids residential development on wetlands, McConnell concluded in sending the 1996 plan back to the commission.

Koll has maintained that the judge simply wanted two deficiencies fixed--the questions of homes on wetlands and Warner Pond, both of which appear to have been resolved by recent events. In fact, the state last February purchased 880 acres of wetlands, which are now slated for restoration as a public wildlife area.

But some environmentalists believe that the entire question of Koll’s development plans can be reopened. They were angered this week when they saw an Aug. 14 letter titled “Outline of Proposed Settlement” from a Koll attorney to the attorney general’s office, suggesting the commission staff would simply recommend specific changes involving development size and Warner Pond.

“We’ve been shut out again,” said Debbie Cook, attorney for the Bolsa Chica Land Trust.

Deputy Atty. Gen. Jamee J. Patterson said the commission authorized discussions in hopes of narrowing the issues that might be litigated if McConnell’s decision were appealed. Those talks do not bind the commission in any way, she said.

The court decision could be viewed in two ways, Patterson said: directing commissioners to look only at the two defects, or giving “carte blanche” to review the project. The first option is correct, Patterson contended, but she added, “It’s a very difficult issue.”

The commission will meet Oct. 9 at the Del Mar Fairgrounds, 2260 Jimmy Durante Blvd., Del Mar.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Property Changes

Koll Real Estate Group has acquired another slice of Bolsa Chica and may give a parcel to the county. Koll also will be limiting construction on the mesa. The properties in question:

1. Bolsa Chica Mesa: 1,235 homes instead of 2,400 are planned for 15-acre parcel

2. Lowland: 41.4 acres have been purchased from Fieldstone by Koll

3. Edwards Thumb: 51.5 acres; Koll may transfer property to county

Source: California Coastal Commission

Researched by DEBORAH SCHOCH / Los Angeles Times