This letter is addressed to the Malibu City Council regarding the Planning Department’s position on the illegal trees that are in violation of approved plans that went through the planning process for the construction project at 7377 Birdview Ave. We have recently been told by planning staff that you will be issuing a certificate of occupancy to these developers. Please do not do this! By allowing these violations to continue, you are taking advantage of the neighbors’ views, public trust and corrupting your planning process.
How can this be? Favors that benefit one to the detriment of the public and nearby property owners’ ocean views cannot be tolerated. This whole situation may be considered fraudulent due to the manner and actions of your staff and the approval system. Ha Ly and Dave Crawford made promises that no certificate of occupancy would be issued to the project located at 7377 Birdview Ave. (represented by Michael McDonnell) until all of the new illegal trees have been removed (specifically the Melaleuca, Metrosideros, Monterey Cypress trees and giant Birds of Paradise plants located throughout the property).
Ha Ly met with us last week at the site and seems to be suffering from memory loss. She has forgotten which trees have been newly planted and which were pre-existing. It is pretty easy to determine which trees are allowed and which are not by comparing the onsite trees with the approved plans showing allowable species that are not to be able to grow above six feet in height on the property. Other documentation previously submitted includes images of pre-existing conditions of the site with ocean views, deliveries of huge plant material, progress planting and installation of giant trees. I would like to request a review of the original plan prior to certificate occupancy and a review of any wording or changes made to the original approved plan.
Many residents are affected by the new illegal trees which encroach and block the view of the ocean from the Point Dume headlands and their properties. These residents are aware that the development and landscape project at 7377 Birdview Ave. is in violation of height restrictions stated on the original plan of 2008. These residents have been very vocal and are waiting for these trees to be removed as promised and have their views restored to their previous state, yet nothing has been done. Please be sure to represent this property to the biology department, Planning Department and the City Council.
Ruth Dannenfelzer