City Council adopts new home occupation standards

By The Malibu Times · Thu May 31 2001

Given that the City Council met on Tuesday night, too late for this week's publication deadline, specifics about the council's decision on the items listed below will be reported on in next week's issue.

• One year after the controversial home occupation rules that currently exist in Malibu were loudly disputed at City Council meetings by residents who thought they were too restrictive, a revised set of home office regulations came back to council for approval on Tuesday.

"We debated it extensively last July and this is just the ordinance resulting from that debate," said Councilmember Tom Hasse in an interview before the meeting.

The home office ordinance was under fire because it was thought to be too cumbersome for businesses, and residents organized in an effort to request that the rules be relaxed. The rules prohibited employees or even occasional customers in a home office setting, which addressed such professions as lawyers, CPAs, psychiatrists, therapists, Web designers, writers, editors, artists, designers and others.

Last summer, a code enforcement task force was set up to review current code enforcement methods, including enforcement on home businesses. The task force deciphered the interim zoning code in an attempt to suggest simplified rules that would be easier to comply with and enforce. The Planning Commission unanimously agreed to amend the zoning text as proposed by staff.

Ordinance No. 222, which revises home office criteria, is in front of the City Council awaiting approval.

Among other things, home businesses that employ less than six employees, or home-based educational facilities that serve six students or less at a time, will be able to operate without a permit.

• In other matters, the City Council listened to public comments on a Local Coastal Plan that was revised by Interim City Manager Christi Hogin, based on a document that was drafted by an advisory committee over a six-year period.

The California Coastal Act requires that each local government within the coastal zone, prepare a local coastal plan. But Malibu has not created an LCP in a timely manner and the state assigned the California Coastal Commission to draft one for the city.

Last week, in an effort to keep the coastal plan local, Malibu officials went to Sacramento to ask several legislators to intervene, hoping to get a favorable response that would allow the city drafted LCP, which is now being finalized, to be certified by the state.

Once the city's LCP is certified, Malibu will be able to issue coastal development permits and the Coastal Commission will only consider appeals from certain types of projects.

• Council discussed the possibility of authorizing the city manager to hire an environmental consultant who would prepare an Environmental Impact Report for the La Paz office and retail project in the Civic Center area.

• Council also discussed a $15 million parks and open land bond measure, focusing on the process and clarifying what steps need to be taken so that the measure can go onto the November ballot.

• Discussions on the Civic Center guidelines, a comprehensive set of design guidelines for public spaces and private projects in the Civic Center area, and a proposed budget for the fiscal year 2001-2002 totaling $19.5 million were continued because Mayor Pro Tem Jeff Jennings was not present at Tuesday's meeting.

• Council reviewed a professional services agreement with Hatch and Parent, the law firm that has provided legal services for the city over the past year but was recently terminated in favor of Interim City Manager Christi Hogin's law firm, Jenkins and Hogin, which will take over the job as of June 2001.

If the council approves the professional services agreement with Hatch and Parent, drafted under the substantially same terms as the city's current agreement, present City Attorney Steven Amerikaner will be able to continue to serve as special counsel to the city when necessary.

• Council reviewed a claim for damages filed by Malibu La Costa Owners Association. Staff recommended that the council deny the claim, which was filed against the city alleging that the city was negligent and bears responsibility for property damage.

In a letter to council, Frank Thomas, treasurer for Malibu La Costa Owners Association, said that a grading permit issued in 1999, allowing a builder to place a mobile home in the street over a storm drain, caused uncontrolled flooding and erosion, thereby damaging property owned by the association. Total damages were estimated at $13,290.

The associations requested the city pay for the damages and take appropriate action to prevent a repetition of the occurrence, but the claims management company hired by the city suggested the city reject the claim.

• In closed session the council reviewed a proposed contract and hired Katie Lichtig as assistant city manager.