Commissioners determine compliance while urging tighter building code .
By Cristina Forde/Special to The Malibu Times
Satisfied the owners have done everything asked of them by the city, Malibu planning commissioners voted 5-0 Monday to conditionally approve building plans that have been challenged by opponents and tweaked by city staff since the application was filed in December of 2000.
“It’s time to wrap this puppy up,” said commission Chair Richard Carrigan. “Over the last two years it’s been described as the project from hell.”
Yet, he said, “here in this instance this system worked.”
The Planning Commission’s action clears the way for the Arthur and Kimberly Silver’s construction of an 11,158-square-foot home on a prominent 5-acre bluff lot at 24920 Pacific Coast Highway, above Malibu Road. The house plan includes a 5,500 square foot basement. The plan, which has seen four major overhauls, is downsized from the original application.
The commissioners instructed city planner Drew Purvis to write an added provision that prohibits proliferation of the feature referred to on the plans as “the trellis.”
Commissioner Ed Lipnick said, “The applicants have met the burden of compliance and I will vote to approve.”
Site precious to Malibu
Commissioner David Fox, saying “this is a huge house on a site that is precious to the City of Malibu because of the view, and a lightning rod because of proximity to the Cher residence,” said in voting to approve the application that “the Silvers have aggressively attempted to comply with the letter and the spirit of the law.”
Commissioner Robert Adler, who said in his analysis he could not support the project, ultimately voted in favor.
“I have a problem with the garage,” he said. “It is not counted as square footage. Every time I bring it up somehow we get to the discussion of a basement.”
Commissioner Deirdre Roney said she would “vote to approve on all issues,” asserting the code “is not as effective in preventing mansionization” as it should be and called for stronger view protection.
“It’s not appropriate to use the Silvers as an example of what’s wrong with the code by denying this project,” Roney said.
Kimberly Silver, choking up as she spoke to the commissioners, said, “We’ve worked hard to be responsive and responsible. We’ve worked hard with staff. We have been sensitive to the neighbors.
“Please permit us to build our home.”
Chief opponent of the project, architect Ron Goldman, whose office is directly opposite the site, said, “This plan is an improvement but the applicant is still pushing the shell.”
The City Council is currently working on tightening the code relating to basements and garages. The Planning Commission was obliged to make its decision based on current code. Carrigan also said he would not deny the project based on impact of public view corridor. “I came in looking for a reason to deny it,” he said. “But I am persuaded.”
Lipnick agreed. “I believe it sufficiently protects the public view,” Lipnick said. “I don’t know what is going to happen with landscaping.”
He said maybe a stricter landscaping ordinance is in order.
In reference to the trellis, Lipnick said, “It looks like a patio cover to me.”