This is a weekly series of questions from the Malibu community to Mayor Laura Rosenthal, which she researches and then answers.
I was wondering why Malibu does not have a cemetery. Would it be allowed? (Submitted by Jerri Churchill)
You are correct that Malibu does not have any modern cemeteries. Generally, unless the land was set aside a long time ago, most cemeteries are either developed by organizations (religious) or private companies that specialize in cemetery construction. Neither the Malibu Municipal Code (MMC) nor the Local Coastal Plan (LCP) list cemeteries as a permitted or conditionally permitted use. So, if someone wanted to build one, the zoning codes would need to be amended. Most of Malibu is zoned residential and it would probably be very difficult to find a commercially zoned parcel that was large enough to accommodate a cemetery. In addition, land is very expensive in Malibu and many of the vacant parcels in the City are constrained parcels (geological issues, ESHA, steep topography, etc.).
I would like to know some information about the view ordinance and when it will go into effect. (Submitted by Nina Junger)
The Council will consider adopting a View Restoration Ordinance on February 13th. At the Council’s December 12th meeting, we directed staff to complete the drafting of the ordinance to include provisions that would 1) make the Planning Commission the decision making body that would consider view restoration permits and 2) allow views to be restored retroactively to those that existed at the time of Cityhood (March 28, 1991) or date the property was purchased, whichever is more recent. At the February 13th meeting, we will continue our discussion on the draft ordinance.
The process envisioned by the ordinance would begin with talks between neighbors and if those were unsuccessful in dealing with the view issue, then it could move to mediation and then to binding arbitration if necessary. If the matter goes beyond that stage, the person seeking the restored view could submit a request for a View Restoration Permit to the City, which would then be considered by the Planning Commission at a public hearing. To address privacy issues, the draft ordinance does include provisions that would allow property owners to keep trees that do not exceed the height of 18 feet even if they block a view.
I urge you and the community to come to the February 13th meeting and let the Council know your thoughts about this proposed ordinance. More detail on this item can be found on the City’s web page by clicking on the December 12th agenda under City Council/City Council Agendas and then clicking on the view restoration agenda item. Approximately 10 days prior to the February 13th meeting, an updated Draft View Restoration Ordinance along with a staff report will be available by following the same link and clicking on the February 13th City Council agenda.
After the Council approves an ordinance it usually takes two weeks to have a second reading and then 30 additional days before the ordinance becomes law. However, to give staff time to develop fees, forms and procedures to properly implement this ordinance, staff has proposed the effective date of the ordinance be extended for 60 days.