The City of Malibu, in its infinite wisdom, has given one week for the citizens to review a zoning text amendment that is to come before the planning commissioners on July 17, at 6:30 p.m. This zoning text Amendment No. 05-005 Malibu Country Estates View Restoration and Preservation Ordinance, item 6A on the agenda is very clear. Why bother with the citizens of Malibu Country Estates and the initial intent of the design? Each of the 107 parcels was created by Alcoa with a detailed master plan of height, placement of the pad, etc. (which is now part of the Malibu municipal building code) to maximize each lot’s primary ocean view. ‘There was no foliage, trees etc. to block anyone’s ocean view. As people purchased the lots to build their custom homes, different types of trees were planted, which affected numerous homes and their primary ocean view.
The intent of Alcoa Development was to create 107 graded lots with specific pads, sidewalks, street lights etc. and have the majority of lots designed with primary ocean views and not have them blocked with a neighbor’s numerous trees. It becomes a bear when one neighbor has to prove, in a court of law, that his original, primary ocean view is currently blocked. This creates a negative situation between neighbors.
The zoning text title states to “restore”-that means to bring back-and “preserve” means to keep. Why can’t the planning department design an ordinance for that purpose? To propose an ordinance where the party bringing the action has to prove he lost his primary view is a fruitless endeavor.
Where is our City of Malibu?