Planning Commission spends 2 hours on 250 square foot project

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Application for a new restaurant at Windsail property is submitted to planning. A nightclub and spa are part of the plans for the site.

By Sylvie Belmond /Special to The Malibu Times

Plagued with definition confusion, the Planning Commission at last week’s meeting continued a request to build a 339-square-foot utility structure on beachfront property in east Paradise Cove that already has a bluff-top house and guesthouse.

Applicant Marny Randall requested the variance to construct a beach cabana that needs structural retaining walls on a slope steeper than allowed by city code. Randall indicated the small structure would provide restroom and storage amenities for property owner Dr. Neal Cutler.

“We started a large tempest in a small teapot,” said Commissioner Ed Lipnick, after hearing two hours of testimony and debate about the small project.

Commissioner Robert Adler, who wanted to clarify whether the land was bluff or beachfront property, said he did not want to set a precedent that would allow homeowners on similar topographical properties to build cabanas all along the beach. No cabanas have been built in the area for decades.

Malibu resident Richard Craft, whose father owned the 2.14-acre lot at 27854 Pacific Coast Highway before Cutler and was denied two similar requests, said he opposed the current project because of septic concerns. Resident John Mazza also lived on the property before and said he opposes the project because it would constitute a special privilege for Cutler.

Currently, the Malibu city code does allow for multiple structures on individual properties but the California Coastal Commission only permits one guesthouse.

Commissioner Richard Carrigan motioned to continue the matter to the Sept. 19 commission meeting so all concerns about permit history, general plan mapping and property definition could be clarified before a final decision is made.

“It bothers me when we have that kind of opposition to the use and enjoyment of one’s property,” said Commissioner Ed Lipnick, who opposed continuing the item.

“We spent two hours talking about 250 square feet, God forbid we will spend 2,000 hours talking about 250,000 square feet,” he said, referring to larger projects currently in the planning pipeline.

The commission also continued, a Malibu Bay Company request to build a new 1,900-square-foot wastewater treatment facility in the Civic Center until the matter is discussed with the Regional Water Quality Control Board.

Additionally, Purvis noted that owners of the Windsail Restaurant property on Pacific Coast Highway, next to the PierView restaurant, which has been out of use for a while, have submitted a new application for a restaurant that will include a nightclub and spa.

Lastly, Commissioner Lipnick introduced a motion to extend the terms of Planning Commission positions of chair and vice chair from six months to one year.