City manager acts as attorney at commission meeting
By The Malibu Times · Thu Jun 07 2001
Wishing to avoid legal entanglements, the Planning Commission engaged the help of Interim City Manager Christi Hogin, who acted as city attorney to help the commission review two difficult appeals Monday night.
The Planning Commission took the following actions:
- Voted 5-0 to turn down an appeal by a neighbor who wanted to reverse a decision the commission had made to approve a plot plan review for a one-story residence. The house would have attached garages, two detached guesthouses, a swimming pool, a tennis court and more on Baden Place.
The neighbor, Leon Cooper, appealed the decision to approve the project because he thought the matter was discretionary on part of the commission, and that the proposed home was too large, not fitting with the neighborhood's characteristics.
However, at prior Malibu City Council meetings it was determined the plot plan review had met all requirements and was consistent with the General Plan and Zoning Ordinance.
"The ordinance states that if you can build this size and this height, then the city will give you a permit," said Ed Lipnick, commission chair, in a later interview. "There were no height and view issues."
Furthermore, planning found that the neighborhood in question was larger than the one described by the appellant and it looked at a 500-foot radius as a point of comparison for the appropriateness of the home.
"The appellant was only picking a few homes," explained Commissioner Ted Vaill.
- The commission reviewed and voted 4-1 to deny an appeal for a project that had been denied in the past.
A new single-family residence project on Pacific Coast Highway was denied based on view blockage to a neighboring residence.
Additionally, the property is within an Environmentally Sensitive Habitat Area (ESHA) where there is a stream, and is closer to a coastal bluff than is generally permitted. Vaill also raised geology issues as a concern.
Also of concern was that the applicant began to do some clearing before the project was approved. Attorney Frank Angel spoke at the meeting, stating that if a person knowingly destroys an ESHA, they can be fined.
Even though the person who was initially concerned about view blockage withdrew a letter voicing his concern, the commission did not take that into account. Apparently, this person also has an application on file for construction and this may be why he withdrew the letter of opposition, according to planning officials.
- In other matters, the commission unanimously approved a request to build a two-story, 5,000 square foot residence on Pacific Coast Highway. The applicant had requested to grade in excess of 1,000 cubic yards.
- The commission also continued an appeal to the planning director's decision to deny a plot review and minor modification for a 50 percent reduction of front yard setbacks to accommodate a new 12-foot high, 180 square foot cabana for a home in the Big Rock area.
The owners want to build a 180 square foot pool cabana in the front yard setback, and add a trellis on their property on Cool Oak Way.
- A workshop meeting is set for June 28 to discuss a proposed zoning text amendment that would simplify standards for development and design standards, including slope density requirements for properties zoned in Residential Rural zones, RR-1, equaling one-acre lots, RR-2, two-acre lots, RR-5, five-acre lots, RR-10, 10-acre lots and RR-20, 20-acre lots.
The workshop will be open to discussion, and will include public input to set direction for amendments.
- Pending the installation of story poles, which indicate the height of proposed items, the commission continued requests to co-locate two wireless telecommunications antennae and facilities (Sprint PCS and AT&T) onto an existing commercial structure owned by Southern California Edison on Pacific Coast Highway.
They also continued a request by Sprint PCS on behalf of local residents, to construct a new wireless telecommunication facility within a rural residential area.