Simplified zoning text amendments proposed

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The possibility of simplifying the zoning code was discussed at Monday night’s Planning Commission meeting as commissioners began to review proposed amendments that were created by planning staff.

The proposed zoning text amendments would encompass changes to development permit requirements, neighborhood standards parameters, findings for minor modifications and slope density formulas.

A group of about 10 public speakers came to urge the commission to be cautious as they attempt to simplify the zoning text. “Simplifying it is dangerous,” said Charlene Kabrin, former planning commissioner.

“There are reasons for almost everything and I would caution you to take the time. There is a lot more here than meets the eye,” she said.

One of the highlighted topics was a proposed slope density formula change.

Until now, Malibu’s unique topography has made it difficult for builders to develop, and restrictions are carefully placed on applicants to protect the character of the city.

Planning Director Barry Hogan said that changing the formula would allow a little bit less stringent density for subdivisions.

But residents did not like the idea, concerned that the proposed amendments would make it easier for developers to build and cause excessive subdivision.

The amendments would also direct plot plan review appeals to the city manager instead of the Planning Commission. Again, some residents and even commissioners thought that the Planning Commission is better qualified for the task because requests would be subjected to public input and scrutiny.

Another proposal is to streamline the development permit process. Hogan recommended a two-year approval and one-year extension for building permits. Currently, after an applicant is granted a one-year permit, they must go to the Coastal Commission for approval, which takes more than a year. They then have to go back and apply for an extension from the commission.

“I work with this complicated code every day of my life and this code is difficult,” said a planning consultant. “I applaud the planning director for taking a stab at it.”

“It seems to me that a great deal of authority and responsibility is being transferred to the Planning Department [from the commission], specifically the director,” said Richard Carrigan, who is in favor of holding off any changes to the Interim Zoning Code until the city attorney can review the proposed amendments.

“I’m feeling very vulnerable without having the city attorney present to answer questions,” echoed commissioner Ed Lipnick.

The majority of the public speakers had concerns that simplification of the code could mean doom for Malibu’s uniqueness as a rural community.

Also of concern was newer staff members who may not know the history of the city’s policies and reasoning behind them.

“I have a real problem with doing major revisions to the code when we have people who don’t understand the code,” said resident Jo Ruggles.

On the other hand, developers like Norm Haynie favor the idea of reducing requirements.

“Applying a slope density formula on top of the restrictive zoning that was already imposed created a double whammy for property owners,” he said at the meeting.

“Many of your concerns are shared by the commission,” said commissioner Lipnick.

He and other commissioners want to obtain a detailed analysis of the ramifications before they decide on anything.

The commission also wants to be sure the changes have a rationale and know whether the California Environmental Quality Act requirements apply to the changes or not.

The amendment proposals are continued until the next commission meeting on June 4.

In other matters, questions of a history of illegal activity regarding grading were addressed. The matter was continued until the commission’s next meeting.