Contrary to the claims of its proponents, it seems clear to me for the following reasons that Measure M will bring about massive development not allowed under existing law. First, the Development Agreement says so – at least in the fine print. The exhibits to the Development Agreement describe the up to 600,000 square feet of commercial and residential development by the Malibu Bay Company that may be allowed if Measure M passes. Is such development permitted under existing law, as the Malibu Bay Company supporters imply? According to these exhibits, in every single case Measure M requires “a city adopted variance or other zoning action” to allow the development. In other words, this is development that is not allowed under current zoning laws.
Second, the group most knowledgeable about Malibu zoning laws opposes the Development Agreement. After an extensive review of the Development Agreement, the Environmental Impact Report and 60 hours of public and expert testimony, the Planning Commission voted unanimously against the Development Agreement. They did so because it is a one-sided agreement that would drastically increase development, traffic and congestion with very little real benefit to the City.
Finally, consider why billionaire and master negotiator Jerry Perenchio would spend five years and millions of dollars to win approval of a Development Agreement that allowed him less development than he has under existing law. The answer is he didn’t. His team of high priced lawyers, lobbyists, and consultants obtained an agreement granting him development rights – involving up to 600,000 square feet of commercial and residential development – that he does not have under existing law.
Measure M will increase development and traffic for the benefit of a billionaire and at our expense.
Ken Miller