Despite ongoing concerns over a small but frustrating number of homeowners who evade city codes, Malibu City Council at its Monday meeting decided to scale back major plans presented by city staff that would allow staffers to place a lien on a property that is not up to Malibu Municipal Code (MMC).
Council also chose to clarify ordinance language in the case of a proposed pot shop near Colony House Liquor, which had previously been denied by Planning Commission on a wording technicality. The marijuana dispensary, Malibu Community Collective, will appear on a later Planning Commission agenda once the wording of the ordinance is changed.
Council also did not allow the Wells Fargo at Trancas Country Market to use yellow in its sign, despite staff’s recommendation and the Planning Commission’s earlier go-ahead.
“Substandard property” will not be recorded
Council voted 5-0 against a new ordinance that would allow city staff to report properties that aren’t up to MMC to the County Recorder’s Office. The properties would then have a lien placed on them, meaning the violation would appear on the title and the owner’s ability to refinance or sell the property would be limited.
“I think it’s massive overreaching of the city’s power,” said Councilmember Lou La Monte, one of several council members who were outspoken against the ordinance. “The majority of the houses in the City of Malibu probably couldn’t pass.”
Councilmember Joan House agreed with La Monte, saying she didn’t know how the idea ever came up.
“I must have just been out of some loop or asleep,” House said.
Senior code enforcement officer Doug Cleavenger defended the proposed ordinance.
“Some of the zoning violations … are significant to the point where when people are coming in and refusing to work with the city and refusing to work with the city attorney,” Cleavenger said.
“It’s just a tool we could use to enhance them,” Cleavenger added, “It’s a case by case basis.”
According to La Monte and House, this answer wasn’t good enough. “But you do have the right to do it for every case, that’s what the ordinance says,” La Monte countered.
“We’re here today, but with this law going in, there’ll be a different staff, there’ll be a different council, and this gives a broad amount of power I’m not comfortable with,” House added.
“This is like we’re using a nuclear weapon,” La Monte said.
“To kill a squirrel,” House said.
In the end, council decided that though the idea behind the ordinance is a good one, it’s the scope that’s flawed. “Maybe we need to refine it more,” Mayor Pro Tem Laura Rosenthal said. “This is a shotgun when it should be a rifle,” Mayor John Sibert said.
Pot shop gets another chance, maybe
Months after the Planning Commission denied an application for the Malibu Community Collective to open a marijuana dispensary at a location on PCH near Colony House Liquors, owners of the establishment see a light at the end of the tunnel.
City Council voted 5-0 Monday to continue the item to a later council meeting so that staffers can rework a wording technicality in the MMC that was the basis for the original denial.
In the code, marijuana cannot be sold at a location with “on site” sales or consumption of food or alcohol.
City Attorney Christi Hogin interpreted this, based on other uses of “on site” in the MMC, as meaning anywhere on the lot. However, there was general agreement that in context, the code should really mean “in store.”
“In this situation, I think that we should change the way that it’s written or interpreted because I think that this is a great site for one of these,” said Councilmember Skylar Peak.
Interim planning director Bonnie Blue said that would not be a problem.
“If we started on this right away we could bring it up to the planning commission in a month or so,” Blue said.
The change in language does not mean the Malibu Community Collective will necessarily be permitted to operate out of the location, but it does allow for the possibility.
Wells Fargo sign at Trancas to remain black
Council voted 4-1 Monday to uphold an appeal against a Planning Commission decision that would have allowed the Wells Fargo location at Trancas Country Market to use yellow in its sign, rather than solid black lettering.
The sole descent came from La Monte, who implied the strictness over specific sign colors was a farce.
“It looks like a Hollywood set of a barn, it’s not a barn,” La Monte said.
“The bottom line is, people need to do business, and I don’t think this small sign with yellow letters is going to go against everything we’ve got here,” La Monte added.
Other councilmembers stressed that the business would be known by neighbors and a large visible sign would not be necessary.
“Everyone in Malibu knows everything that’s going on here, and they know all the businesses and where they are,” House said.
“A bank is mostly for a neighborhood,” Rosenthal agreed.