Eight variances required for Portshead office development

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Public expresses concern over number of variances required and traffic problems in the area. Some request an environmental impact review before going forward with approval of the development.

By Sylvie Belmond / Staff Writer

A proposed office building in the Point Dume area that has been the center of controversy among homeowners and councilmembers lately was the center of attention at a Planning Commission meeting on Monday night.

This planned 14,950 square foot semi-circular office complex, to be located on a 2.29-acre lot on Portshead Road between Kanan Dume and Heathercliff Roads, would require eight discretionary approvals from the commission before going forward with construction.

The project consists of four attached structures that would house approximately 12 offices and provide 60 parking spaces for tenants.

But while opponents to the project say they appreciate the discreet and well-designed building, created by architect Edward Niles, they also expressed concerns about how traffic will impact the area, which already has a hazardous traffic pattern.

A nearby elementary school, existing businesses and the Pacific Coast Highway access already create traffic problems on certain days.

Neighbors also want the commission to consider future developments on nearby properties, such as the adjacent Malibu Bay Company’s (MBC) parcel, which may be developed into athletic fields, and a recreation center if the development agreement goes through, before they approve this project.

But as he presented the project, Niles emphasized that Malibu has a great need for office space.

“There is a big demand for office space in Malibu because Malibuites don’t want to commute,” said Niles.

This complex would provide office space for local attorneys, accountants, writers and headhunters, he said, reassuring neighbors and commissioners that this building is not designed for large corporations or customer-serving businesses like restaurants or stores.

However, to get the project built, the applicant is requesting:

  • A site plan review for a height increase above 18 feet
  • A conditional use permit for construction exceeding 500 square feet
  • A variance for exceeding the 1,000 cubic yard grading limit
  • A variance for placing the parking lot in the required front yard setback
  • A minor modification for reducing the Environmental Sensitive Habitat Area (ESHA) setback
  • A minor modification for reducing front yard setbacks
  • A sign permit

These variances made the neighbors uneasy because they did not want any precedent to be set.

To mitigate the possible impacts, neighbors asked the commission to require an Environmental Impact Report (EIR).

Of the three commissioners who were present, only Andrew Stern seemed uncomfortable about the possible impacts. He indicated that he may opt for an EIR to have a more thorough examination of the matter.

“How can we ask for a mitigation project on somebody else’s property?” asked Ed Lipnick, commission chair, as he spoke about the problematic intersection, which is under the jurisdiction of Caltrans, not the city or the property owner.

California Environmental Quality Act requirements were also brought up by Ozzie Silna, an active community member, who said this project and the MBC proposed project on the adjacent property might include some contradictions with state rules.

Moreover, parking issues on Portshead were also touchy because the California Coastal Commission is opposed to no-parking signs in coastal zones.

After testimonies from the public and from the applicant, the commission continued the matter to October, giving time to both parties to thoroughly evaluate the impact of this development and possible mitigation measures.

The commissioners also considered a resident’s concern about lack of notification, and agreed it may be a good idea to start posting large signs on properties where impending commercial developments may take place to be sure nearby residents are properly notified, which is the current procedure in the cities of Santa Monica and Calabasas.