A homeowners’ association president accuses the commission of being “yes men” and “groupthink.” Commission Vice Chair Les Moss blasts a former Planning Commission’s letter that appeared in The Malibu Times.
By Jonathan Friedman / Assistant Editor
Monday’s Planning Commission meeting became so intense that Commission Chair John Sibert had to call a five-minute recess to cool the situation.
The anger and shouting that highlighted the meeting arose over a controversial application on the agenda for a coastal permit to build a 10,953-square-foot home with a 6,665-square-foot basement on Sea View Drive.
The Malibu Park Homeowners Association had appealed the project, which received planning manager approval earlier this year. The association challenged the application on several grounds, including that it did not meet “neighborhood standards.” It also said the project was actually a 17,882-square-foot home because the basement is only partially underground.
Sibert became enraged when Malibu Park President Marshall Thompson accused the Planning Commission of being made up of “yes men.”
“I observe the process here of endless rubber-stamping,” Thompson said. “And it’s shocking to me that I don’t hear one dissenting voice in any of the votes that go on here. Are you guys all in groupthink?”
Sibert banged his gavel on the table and said Thompson’s comment was uncalled for. Commissioner Carol Randall made a face of disgust and let out a gasp.
The break that followed did nothing to calm the atmosphere. Commission Vice Chair Les Moss and Thompson argued, as Moss asked questions about the appeal and the legitimacy of the homeowners association. Although the association described itself as representing 400 homeowners, Thompson admitted it actually had about 120 members. Several times Sibert banged his gavel on the table to interrupt the questioning, asking Thompson to answer the questions and accused Thompson of not “sticking to the issue” in his responses to Moss. Sibert then instructed Thompson to leave the podium at which he was standing to answer questions or he would be forced to leave the meeting chambers.
After several hours of discussion and heated debate, the Planning Commission approved the application, although several commissioners said they were uncomfortable with the size of the project. They suggested the zoning laws should be examined to prevent future similar applications. Thompson said the homeowners association would have to meet to decide whether it would appeal the project.
Shary and Esther Nassimi, the owners of the property, have been trying to build their home for several years. In 2003, the Planning Division approved the project for city permits. It was appealed and presented to the Planning Commission later that year, with the commission voting 4-0 in favor of it. The applicants sought a coastal development permit earlier this year, receiving approval from the planning manager, which was later appealed. During the break, Shary Nassimi approached The Malibu Times and presented a flyer that the homeowners association had passed around the community encouraging people to attend the planning meeting. The alleged size of the home, “17,882 square feet” appeared in large print. Nassimi said the homeowners association was conducting a political attack and was trying to prevent him from building a home by spreading lies.
The fireworks at the meeting were not limited to the Sea View project. Earlier in the meeting, Commission Vice Chair Moss responded to a recent letter in The Malibu Times from former Planning Commissioner Jo Ruggles in which she wrote “…the process is already corrupted and the whole planning system completely broken in the city of Malibu.”
Moss said, “These comments are not only irresponsible, reprehensible and absolute rubbish, but also are insulting to all concerned. Her comments should be treated with the contempt they deserve.” The complete text of Moss’ comments appear in the letters to the editor section of this week’s newspaper.
During the public comment portion of the meeting, Ruggles shot back at Moss and said she stood by her letter.
“During all my years on the Planning Commission, serving two times as chair, no member of the public ever had a rude statement made to them, let alone attacked,” Ruggles said. “Responding to a letter in the paper is great, that’s fine, but not on the floor of the Planning Commission.”
Also at the meeting, the commission approved a coastal permit for a wastewater system at the building on the intersection of Cross Creek Road and Pacific Coast Highway formally occupied by Malibu Lumber. A representative from Weyerhaeuser, the company that owned Malibu Lumber, was listed in the city staff report as the applicant along with David Reznick from Malibu Bay Co., which owns the property. Marissa Coughlan, representing Weyerhaeuser, said the company had an obligation through an agreement with Malibu Bay to apply for the permit. She said she did not know if Weyerhaeuser actually had to pay for it or if there were plans for a new lumber company to open at the building.
A person close to the situation told The Malibu Times earlier this year that Anawalt Lumber from West Los Angeles was supposed to open a lumberyard on the property after Weyerhaeuser closed shop in March. But negotiations fell through because of issues involving Anawalt having to pay for a new wastewater system.