The following letter was sent to the Malibu Planning Commission in lieu of public comment, which was not allowed at the April 2 meeting.
Subject: Civic Center Guidelines.
The Malibu Township Council urges the Commission to postpone further consideration of the guidelines proposed for discussion tonight, or any Civic Center development guidelines, pending completion and evaluation of a Cumulative Environmental Impact Analysis, as required by state law, encompassing all potential development in the Civic Center. MTC believes that a Cumulative Environmental Impact Analysis evaluating the capacity of the environment to absorb development, in conjuction with an EIR evaluating the impact of the development on the environment, will provide the information currently lacking that is necessary to prepare realistic and achievable guidelines.
With all constraints on development identified and evaluated, the planning process can commence prioritizing community needs for playing fields, parks, community building, wetlands, and other open space. After these paramount community needs have been addressed, the task of specifiying the extent and description of commercial development for each Civic Center property consistent with community needs, the capacity of the infrastructure and environment to sustain the impact, and the rural character of the community can be undertaken.
MTC reminds this Commission that although the City Attorney and staff claim these proposed guidelines have no legal effect, a draft ordinance following approval by this Commission and the City Council would have a legal effect leading to a change in the General Plan and IZO and require an EIR. Adopting at this time these seemingly development-friendly guidelines of shared wastewater treatment plants, city-provided roadway and intersection reconfiguration and improvements, easing of design standards, intensification of permitted uses, etc., would imply approval, and would act immediately to drive up the value of the Civic Center properties. The effect would significantly conflict with the efforts by bond measure, or other funding means, to acquire portions of the Civic Center land the community sorely needs for public purposes.
MTC is concerned that these guidelines will not guide the future and serve the needs of this environmentally blessed community that so overwhelmingly endorsed the values and spirit so strongly expressed in the General Plan Vision, “Malibu is a unique land and marine environment and residential community whose citizens have historically evidenced commitment to sacrifice urban and suburban conveniences in order to protect that environment and lifestyle,” and the General Plan Mission Statement, “Malibu will maintain its rural character by establishing programs and policies that avoid suburbanization and commercialization of its natural and cultural resources.”
In addition, from the Economic Plan prepared by Applied Development Economics in April 2000 and approved unanimously by the City Council, “A significant segment of Malibu’s citizens wanting the Civic Center area to remain as open space … [the] City should commission a study of all tools that can be used to protect the area as open space [i.e., down-zoning propery, acquisition, etc.] and implementing the study’s recommendations.”
It is quite a departure from these lofty ideals to be considering proposed guidelines tonight which appear to be designed to facilitate and support the addition of new, predominantly commercial development that almost quadruples the existing commercial development in the Civic Center, resulting in an astounding potential total build-out of about 1,200,000 square feet without due regard to known environmental constraints.
For these reasons MTC requests that the Planning Commission recommend to the City Council the following:
1. That it drop consideration of these excessive growth-inducing guidelines.
2. That it do nothing at this time which would conflict with efforts of Malibu citizens and others, by bond initiative or other means, to raise funds for acquisition of land for playing fields, parks, open space, or other community needs.
3. That guidelines for development in the Civic Center be considered only after completion of a Cumulative Environmental Impact Analysis of all properties in the Civic Center and a preliminary determination by the council of the extent of development which might be permitted each property owner.
Efrom Fader
President of MTC