Plans for $1-Million Home Run Afoul of Archeology Law

Jack Skene has big plans for his piece of Malibu.

On five wind-swept acres, he envisions a $1-million chateau with rose gardens overlooking the winding coastline. But Skene, 43, has yet to break ground more than a year after buying the vacant site for his dream home.

The mortgage broker has been battling the city over a law requiring property owners to conduct archeological studies before construction. Skene received one estimate of $46,000 to review his parcel, where artifacts have been found that could suggest remnants of a Chumash Indian settlement dating back thousands of years.

Skene’s case has become a cause celebre among property owners in Malibu. They contend that the city places the burden of historic preservation unfairly on their shoulders.

Some have lodged complaints at City Hall, questioning the necessity of expensive studies recommended by the city’s archeologist, Chester King. A few--including Skene--have gone so far as to hire their own archeologists to perform independent surveys in hopes of refuting King’s conclusions.

“Property owners are being held hostage,” said Skene, whose own archeologist suggested that the site could be of limited cultural value. “How much are we expected to spend to preserve cultural resources?”

As a result of the uproar, city officials are reviewing the law. The City Council next week is expected to consider a revised version that would limit what property owners must pay for such investigations. “We have to come up with guidelines that have some economic reality,” said Councilman Jeffrey Jennings, one of two council members helping to rewrite the law.

The Chumash Indians inhabited the Southern and Central California coasts as long as 4,000 years ago, and settled in dozens of sites across Malibu. The city adopted its cultural preservation ordinance nearly three years ago in an effort to protect remnants of the area’s Native American culture.

Malibu’s law directs the city archeologist to survey land where development is proposed. When artifacts are discovered, pits or trenches are dug to search for additional artifacts. In cases of important archeological finds such as burial sites, archeologists excavate the land and remove artifacts, while property owners “cap” the site with dirt before construction or relocate the proposed structures elsewhere on the property. Landowners are required to pay all costs, including the tab for hiring private Native American monitors who--by state law--must be on hand to oversee archeologically sensitive construction sites.

Malibu homeowners say that although the city’s law may be well intentioned, in practice it is too sweeping. Those who plan minor remodeling jobs--for example, adding a deck or extending a room--have gotten caught in the lengthy archeological review process. Others question the use of studying properties with no historical Native American record, or where previous construction has already thoroughly disturbed the ground.

“We’ve covered every inch of this property with holes and trenches and never found a single sign of Indian artifacts,” said one homeowner, who requested anonymity.

City officials say the new law would allow greater latitude to grant exemptions in such cases. Still, the officials point out that under the existing ordinance only a handful of property owners have been required to perform extensive archeological reviews.

Since King signed on as city archeologist about two years ago, he has inspected 108 properties. In 92 cases, he conducted only an initial field survey that turned up little evidence of historical significance, costing owners $350 or less, city records show. King has recommended more extensive tests in 16 cases.