Malibu Canyon Farm’s long battle with the California Coastal Commission is expected to come to a head (again) sometime the week of July 9, at a hearing in San Louis Obispo. Facing what the Thoroughbred breeding farm asserts are unnecessarily inflexible regulations, Malibu Canyon needs the support of fellow horsekeepers to stay in business as it seeks a coastal development permit.

Although many of this long case’s details are specific to the privately owned, 35-acre Malibu Canyon Farms, the situation is unfortunately not unique. “We are not the only people in this position,” says MVF’s counsel Beth Palmer.
It’s a classic case of well-intended environmental legislation creating difficult challenges for horse owners, many of whom don’t have the considerable time and financial resources required to take on governmental regulations. Palmer describes MVF as “being at the front end of a fight,” which, if lost, could have terrible consequences for horse owners throughout the state.
“Everybody needs to stand up,” about this case and others that pose similar threats, she says. “It’s not about what type of horse you have or riding you do.”
The Farm’s structures were originally built between 1977 and 1979, and had not changed much until 1996, when fires ravaged the area. As a recognized evacuation site for local horses, MVF took in 100 horses after the fires, in addition to the approximately 80 of its own, mostly Thoroughbred broodmares and babies.
Fires Ignite Problem
Palmer explains that the Farm’s owners, the Boudreau family, was proud to save all those horses, but their rescue came at the expense of saving their buildings when the fire ripped through their property. “In fact, as the farm manager was saving the horses, he and his wife watched their own house, which was located on the farm, burn down with all their possessions,” Palmer says.
Rebuilding began over the next few years. In 1998, however, the Farm was cited by the Coastal Commission for violating the Coastal Act by not seeking a permit to rebuild. Next, MVF requested and received an exemption from the CCC because they were replacing existing structures. An anonymous call informed the Commission that not all the new structures were replacements, and the CCC then revoked its exemption and reinstated the Coastal Act violation charges.
MVF next filed a “vesting” application, based on the grounds that the farm’s existence pre-dated the Coastal Act, thus exempting it from permitting requirements. Palmer explains that, although the Coastal Act was passed in January of 1977, its reach within the Santa Monica Mountains was not defined until 1979, after many disputes and lawsuits. As a result, the Boudreaus did not know they were in the Coastal Zone when they were building their structures.
The Farm’s agricultural heritage came into play. It was originally part of the Gillette Ranch in 1932. They contend that Charles Boudreau continued its agricultural operations when he bought it in the early 1970s, as did his son, Brian Boudreau, who took over the Farm after his father passed away in 1992.
Brian Boudreau attempted to work with the Coastal Commission, and put the vesting application on hold during negotiations for a regular permit.
A 100-foot setback from a creek or stream is a standard CCC regulation, but MVF’s hilly terrain made that impossible. Instead, the Farm pursued a 50-foot setback in combination with environmental best practices that would mitigate the risk of contaminated run-off into the water supply. This step required approval from various agencies before the CCC would consider the permit application. It took several years, but Boudreau attained the required approvals. Yet in July of 2006, the CCC denied the application. MVF then resumed its efforts to secure a vesting application. In Nov. 2006, this was denied and the CCC issued a cease and desist and restoration order to shut down the facility. The Commission’s explanation, says Palmer, was, “Even if the land had been used for agricultural purposes and some structures may have been in place before the Coastal Act, without aerial photographs to prove that all the structures were there, they had to deny the application.”
And thus, MVF was left to re-apply for a coastal development permit, which is what will be voted on during the hearing in July.
Among several ironies in this scenario, Palmer notes that MVF has been widely acknowledged for the environmental aspects of its management plan. In 2000, the Farm received an award for best waste removal practices in Los Angeles County, in an evaluation of 700 farms. The County has asked Brian Boudreau for help with its farm requirements in issuing permits and has distributed copies of MVF’s plan to people seeking agricultural permits.
Palmer points out that the CCC’s 100-foot setback mandates only distance, and no other mitigation. “The plan set forth by Malibu Canyon is better for the environment and based on science,” she notes. MVF’s plan entails fully covered barns to eliminate run-off of manure-exposed water and swales along the length of the creek to catch any sediments in run-off. The creek in question, Palmer adds, is not a natural creek and is only active during heavy rains.
Regarding the 100-foot setback requirement, the CCC asserts that MVF could locate all its horses on a part of the farm that is 100 feet away from the creek, but it acknowledges that this would be less than one acre, which could not accommodate barns and arenas.
Freeways Without On-Ramps
Although the nationally recognized breeding business is privately owned, Malibu Valley Farms has played an important role in the community. It hosts regular kids activities, and is home to several horse clubs, ETI chapters and the Compton Junior Posse, which serves underprivileged youth. The farm hosts an annual ride through the Santa Monica Mountains and is available as a free trailer parking and access point for trail riders throughout the year.
Palmer asserts that MVF’s situation is the result of the Coastal Commission’s desire to get horses out of the Coastal Zone. When pressed on this point, the CCC has responded by citing the numerous trails they support in the Zone. Palmer notes that trails without access points, like stables, are like “freeways without on-ramps.”
Above all, Palmer concludes, the CCC needs to see the equestrian community’s support for MVF and, in general, the idea that horses and a healthy environment are not mutually exclusive. There are several studies establishing this latter point.
ETI is helping organize a bus from Los Angeles to transport supporters to the hearing in San Louis Obispo. The exact date of the hearing should be known by early July. For more information, please call Beth Palmer at 818-880-5139. Letters of support to the CCC are a big help, too.
California Coastal Commission
89 S. California Street, Suite 200
Ventura, CA. 93001
Please reference MVF’s file #, V-4-06-163, and fax a copy to the Farm also at 818-880-5414.
Proposed Bill Could Impact Horse Keeping
Assembly Bill 576 originated in Tulare County and, if passed, would prevent the construction of any “animal feeding operation” within two-and-a-half miles of a State Park.
The bill was intended to prevent a large dairy from being built near the Colonel Allensworth State Historic Park. Equestrian watchdogs, however, worry that this bill could be the catalyst for a slippery slope toward the banning of all horsekeeping near State Parks. The proposed bill passed out of the California Assembly in June and is now awaiting review in the Senate’s Natural Resources Committee.
In addition to her work with Malibu Valley Farms, Beth Palmer is taking a lead in drawing equestrian action on AB 576. One important tact is to lobby for a re-wording of the bill to eliminate the reference to an animal feeding operation. The federal government defines this a “lot or facility where animals are confined and fed or maintained for 45 days or more per year and crops are not sustained in the normal growing season.”
Those who follow California and the nation’s evolving water quality issues as they pertain to horsekeeping, are familiar with how clearly horse stables of virtually any size can be considered and treated as an AFO.
“Right now this bill is about a megadairy in Tulare County,” Palmer explains. What is concerning is the bill’s references to animal feeding operations contaminating the water supply and producing stench and insects. “The grounds that they are using can easily be applied in other ways. The way an animal feeding operation is defined, it can be anywhere that two or more animals are confined.”
The main mission, Palmer urges, is to inform legislators of the unintended consequences that could flow from this bill if it passes as currently written. Letters to that effect, and urging a veto or re-wording of the bill, should be addressed to the eight members of the Senate’s Natural Resources Committee. Senator Michael Machado might have the most receptive ear, Palmer suggests, because he has an agriculture background. Machado’s fax number is 916-323-2304.
The other members of the Committee are Senators Darrel Steinberg, Bob Margett, Dave Cogdill, Dennis Hollingsworth, Christine Kehoe, Sheila Kuehl and Carole Migden.
Fred Bauer Assumes New HITS Post
Fred Bauer has been named Vice President West Coast Operations for Horse Shows In the Sun, the Saugerties, NY, based hunter/jumper show management company. This newly created position is one of many moves HITS is “making in the off-season to build upon the momentum from the inaugural season at its newest equestrian facility in Thermal,” states a company release.
“Fred is a highly accomplished professional, both in the equestrian world and the business world. We are proud to have him join the team in such an important capacity,” says HITS President and CEO, Tom Struzzieri. “He’s the perfect candidate for this role and we have every reason to believe that his contributions will not only benefit HITS, but our customers and the sport.”
As head of West Coast operations, Bauer will become the face of HITS, connecting with trainers, owners and riders throughout the year as well as at the Thermal shows. “It’s the ultimate client relations position and Fred is not only well known throughout the industry, but also very well respected,” says Struzzieri.
Bauer is an accomplished amateur jumper rider and is married to top trainer Karen Healey. A cum laude graduate of Harvard Law School, Baeur has a professional resume that includes executive and senior management positions for several big companies. He also made an appearance on the TV show Jeopardy in April.
“I’m excited about this new venture,” says Bauer. “It’s a great opportunity for me to combine my business talents and experience with my passion for riding. The biggest strength I think I bring to this role is the horseman’s point of view.”
In other news from the HITS Desert Circuit, the company has applied to the USEF to extend the circuit to a seventh week. And, as previously reported, it is moving forward with the addition of two new rings, one of which will be covered and designated for the FEI World Cup Qualifiers which take place during Weeks II, III, IV and VI. The status of those qualifiers had been in limbo after a riders’ committee voted to hold all West Coast qualifiers in indoor venues.
The Gallop welcomes news, tips and photos. Please contact editor Kim F. Miller at kimfmiller@msn.com, or 949-644-2165.