Clarify, Then Enforce Zoning

Los Angeles County Supervisors last week made the right call in ordering planners to examine the often outdated zoning laws that govern land in the Santa Monica Mountains--even though the dispute that inspired the action appears headed for trial, intractable as ever. Supervisor Zev Yaroslavsky’s motion calls on county planners to find ways of avoiding the kind of fight dragging on between the operator of a romantic mountain theme park and his neighbors.

Antiquated zoning laws lie at the heart of the dispute over the Fantasy Island park, which is rented out for weddings, bar mitzvahs and other occasions. Some of the laws are 70 years old and tough to decipher in a modern context, giving lawyers for both sides ample room to argue. The result: Park operator Avi Datner feels persecuted by what he considers the county’s strict interpretation and neighbors feel tormented by what they consider lax enforcement. Neither side is happy and, although negotiations were extended last week, the dispute appears destined for the courtroom.

But while the Fantasy Island case moves through the courts, county officials have the opportunity to ensure that similar fiascoes are not repeated. They should seize it. Yaroslavsky’s motion calls for public hearings to discuss ways of balancing the preservation of the Santa Monicas with legitimate recreational uses. Then county planners must revamp the zoning laws so they are clear, modern and, most important, enforceable.

The Santa Monica Mountains are a precious resource that must be able to serve myriad needs. Preservation and recreation are not mutually exclusive. Projects like the Backbone Trail demonstrate how both interests can be served well with a single project. Landowners have the right to use their property within the boundaries of the law. That includes the right to develop commercial retreats such as Fantasy Island. But neighbors and preservationists also have the right to expect that no commercial development undermines the environmental value of the mountains.

For that balance to work, though, everyone needs to understand the rules. And then the county needs to enforce them consistently and fairly. Clearing up those rules benefits everyone.