Planning Commission postpones ‘hot item’ appeal

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The Planning Commission postponed the hearing of an appeal by some residents on Baden Place who oppose a planning director’s decision to approve a 9,035 square-foot house in their neighborhood to May 21.

The house, located on a 3.48 acre lot, would include an attached four-car garage and two detached guesthouses, a swimming pool, a tennis court, fencing, a driveway and a motorcourt.

While staff recommended that the commission uphold the decision, thereby denying the appeal and approving the home, neighbors thought the proposed structure was too big.

They said the proposed home is not consistent with the neighborhood character because it is much larger than the other homes in the area. Other homes in the area are mostly under 2,500 square feet in size, according to the neighbors.

“It’s a hot item,” said Richard Carrigan, planning commissioner. “If the appellant sustains his position, it would be a watershed case with regard to neighborhood character.”

Therefore, the commission decided to give the appellants the opportunity to respond to issues raised in the staff report and the applicant’s attorney letter.

Previously, an application for the development of a 28-foot high residence was denied twice by the planning commission based on view blockage.

In mid-October last year, the applicant submitted a new application for the development of an 18-foot structure instead of the 28-foot one.

Except for the height revisions, the new application was essentially identical to the one previously presented to commission.

  • In other matters, the commission approved a staff recommendation to amend zoning text in the area of cultural resources.

The cultural resources segment of the zoning code is intended to avoid damage to or destruction of important cultural resources within the City of Malibu. It defines culturally sensitive areas.

In response to criticism that the process was taking too long, one of the amendments includes changes that will expedite the archeological process for construction projects.

“Now the procedures are in place to allow the review to be done fairly, giving some control to the applicant as well, while still protecting archeologically sensitive areas,” said Ted Vaill, planning commissioner.

Instead of only having city planning staff perform archeological reviews, builders can now also have an outside qualified person review archeology matters.

The Planning Commission also continued an appeal for a project on Zumirez Drive because neighbors objected to the proposal based on view problems, environmentally sensitive habitat areas concerns and septic matters.

The commission approved a request to build a 5,838 square-foot, two-story home on De Butts Terrace, granting a grading variance and allowing the applicant to put up two retaining walls.