Hold back rubber-stamping

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The city’s planning process is approaching a state of crisis. Development projects are being rubber-stamped “approved” by the Planning Commission, such that Malibu’s rural character (what’s left of it) is quickly eroding away. Evidently, planning staff is overworked and commissioners are unable or unwilling to carry out their full duties.

On June 7, the Planning Commission approved a massive estate for the wilderness area between Big Rock and Las Flores. In the process, it ignored procedural and substantive issues raised by the public. It erroneously exempted the development from requirements of the Environmental Quality Act (CEQA). It assumed the land is not “environmentally sensitive habitat area,” even though the Coastal Commission’s more protective ESHA designation is arguably the controlling legal authority (unless and until the city wins its suit over the LCP). The approved “build envelope” is almost nine times larger than is allowed in an ESHA area. The residence itself would be more than seven times the average size of homes in theare a, and three times bigger than the largest. Do the legal terms “reasonable” and “neighborhood character” mean nothing? Moreover, notice was not sent to 25 property owners whose private road would be directly impacted by construction, despite the commission’s acknowledgement of its necessity. And a significant portion of the public record, comments in opposition, was omitted from distribution to interested parties. In brief, the commission has taken a “fire, aim, ready” approach, misinterpreting or ignoring legal authority, including its mandate to preserve open space and implement the public interest. In the latter regard, a recent survey of Malibu voters (funded by the Southern California Association of Governments) found that the majority’s greatest interest is in limiting development of new homes and preserving open space. I’d like to appeal the commission’s decision, but I need your help.

If you would like to contribute your thoughts, voice or a few dollars to the effort, please email me at kraig@earthlink.net. (Any funds in excess of appeal costs will be returned on a pro rata basis.) Given that a flood of development applications is expected when the LCP suit is resolved (soon), Malibuites should be calling on the city to improve its planning process and expand its staff. Otherwise, we can’t be surprised if it opts for the cheaper solution of ordering new rubber stamps by the dozen.

Kraig Hill