The Planning Commission is working to make the process of building or modifying a home easier and less costly by allowing more flexibility in front-yard setbacks.

Commissioners voted Monday to recommend to the City Council a plan that would allow the planning staff to grant minor modifications to front-yard setbacks of up to 50 percent. Currently, a modification of only 20 percent is allowed. The idea is to streamline the process for property owners and to make it less expensive. “They’ll be able to get relief from front setbacks at lower costs and with a simpler burden of proof,” said Planning Director Craig Ewing.

Presently, to get a front setback reduction of more than 20 percent, a zoning variance is required. To get such a variance, a hardship must be established. That means a property owner must prove there is an unusual size, shape or characteristic of the property that makes it difficult to comply with the existing setback line. When applying for a minor modification, the owner need only show it is “compatible with the neighborhood,” said Ewing.

Ewing said the plan, if adopted by the City Council, would provide the greatest benefit to property owners in existing, established neighborhoods. Notice to the neighbors would still be required and neighbors would have the right of appeal to the Planning Commission. “It provides more flexibility,” said Ewing. “It’s still the community’s decision to decide how much relief and leeway they want to grant to property owners and what the rules should be for new development.”

In other business, the commission considered a request by a property owner who had been ordered, by the commission, to remove part of a building that encroaches on the adjacent property owner’s land. The commission had approved a tentative parcel map for the conversion of a 10-unit apartment building on Pacific Coast Highway into four condominium units. A portion of the building, built in 1954, encroaches on the adjacent property. The commission ordered the removal of the encroaching part of the building before the map could be recorded. Because removal of the building would be costly, the property owner is asking the commission to make that condition more flexible. He wants the option of a lot line adjustment.

“That encroachment has existed ever since the building was built in 1954,” said Allen Block, who represents the applicant. Block said his client has filed a lawsuit asking for an exclusive easement. He said he is hopeful the courts will grant the easement or redraw the property line. The owner also asked for the expiration date of the map to be extended for one year to allow for the time it will take for the matter to be settled.

Stephen Preston, who owns the adjacent property, said he offered to sell the land under the encroachment for the same price he paid. He said the building owner refused. “He came last year and got an extension and we just went backwards on the thing,” Preston said.

“I don’t see any forward motion or movement since last year,” said Commissioner Jo Ruggles. “I’m sorry this can’t be mutually agreed upon. . . . It’s in court and it really doesn’t matter what we say.”

“To go against it would be in effect to decide the case in Mr. Preston’s favor,” said Commissioner Ed Lipnick.

The commissioners voted in favor of the request.

The commission also heard a request for a variance to allow conversion of a three-unit apartment building on Malibu Road to a four-unit condominium and for a reduction in the required number of off-site parking spaces for the project.

“This situation exists up and down Malibu Road and I don’t believe that it would be fair to not allow my property the same privilege that’s allowed up and down the road,” said property owner Andy Gombiner. Attorney Richard Scott cited the Brian Fox variance as setting a precedent. “Off-site parking has been a rationale for approving variances for reduced parking in the city,” he said.

The planning staff had opposed the request, stating that the site is not physically suitable for the proposed density of development and that the design of the development could cause serious public health hazards because the additional parking demand would force cars to be parked off site, causing a further overcrowding of the road. Lipnick said he supported the staff’s decision because, “There is no off-site parking directly across from the subject property.” Lipnick said road shifting prevents parking on part of the street.

Staff also recommended that the request to convert from three units to four be denied. According to the staff report, “The granting of the variance could be detrimental to the public interest safety, health or welfare and it may be detrimental or injurious to the property or improvements in the same vicinity.” The report stated there were no hardships or exceptional characteristics applicable to the property and that the granting of the variance would constitute a special privilege to the property owner.

The commission voted to uphold the recommendations of the staff.

Bucking a nationwide trend towards working at home, the city has proposed requiring writers, artists and others who work at home to get business licenses.

With city officials in the dark about the number and variety of home-based businesses in Malibu, city staff, in conjunction with the Business Roundtable, is studying a licensing requirement for all businesses operating in Malibu, as a way of keeping track of commercial activity in residential areas.

Currently, the only licensed businesses in the city — restaurants, service stations and retailers who sell liquor — are licensed by the county.

City officials usually only learn of a home-based business if it is the kind that generates a high volume of commercial traffic and, consequently, neighbors complaining of a violation of zoning laws. At that stage, enforcing the zoning ordinance is more difficult. “By then,” said City Manager Harry Peacock, “the owner of the business can say, ‘I didn’t know I was violating the zoning laws. You’re taking away my livelihood. You’re starving my kids.’ “

If businesses were required to secure a license before setting up shop, then those planning to operate from their home would know if their business would run afoul of the zoning laws before they established its location.

A subcommittee of the Business Roundtable is studying what type of a license program it would recommend to the city. At the very least, the subcommittee plans to recommend that the city take over the licensing of those businesses the county currently regulates.

Mark Olson, chair of the subcommittee and past president of the Malibu Chamber of Commerce, said that if the city chooses to implement a business license fee for all businesses, he would recommend a nominal fee for most, and a different fee schedule for businesses that require more regulation, like contractors.

The city would adopt a business license program only if it could generate enough fees to cover the cost of administering the program. With recommended annual fees of $50 and exemptions for nonprofit organizations and businesses making less than $5,000 a year, the 1,300-or-so Malibu businesses may not be sufficient to make the program viable. But even with limited fees of $50, some members of the roundtable took issue with the notion of having to pay any money for a business license. “We’re talking about creating new fees that could snowball out of control,” said Kathryn Yarnell. “This is a whole new level of government, just to police business.”

Attempting to stave off foreclosure on a 184-acre tract of parkland it purchased for $3 million in 1995, the Santa Monica Mountains Conservancy recently offered the promissory note holders a convoluted deal tied to a proposed parks initiative for the November ballot, in return for the note holders delaying the foreclosure. But the note holders rejected the deal, and a public auction is set for June 25.

“We’re going to do this, we’re going to foreclose,” said Harry Dempster, one of nine note holders who sold a parcel of land slated for development to the conservancy’s purchasing arm.

That sister agency, the Mountains Recreation and Conservation Authority, made a $1 million down payment on the entire tract off Piuma Road in January 1995 and issued a promissory note for $2 million, which became due in January of this year.

Rather than pay the balance, the conservancy reappraised the property for $1,800,000 and then said it would pay only the $800,000 difference, plus interest, under the later appraisal.

Dempster and the other note holders balked at the new terms set by the state agency and moved to foreclose on the property.

Facing both the loss of the $1 million down payment and the parkland, the conservancy offered to prepay the interest on the note through August, while backers of a parks initiative try to qualify the proposition for the November ballot. If the initiative makes it on the ballot, then the conservancy would continue to pay interest though the middle of November. If the measure succeeds, the conservancy promiss to prepay interest through summer 1999. During such time, the conservancy would retain the right, but not the obligation, to purchase the property for a total of $2 million, $1 million less than the originally negotiated purchase price. In return, the note holders would delay foreclosure proceedings.

Dempster said he discussed the offer with the other note holders and quickly conveyed their rejection of the offer. “The conservancy’s attorney made a verbal offer, and I responded verbally with a ‘No.’ “

A public auction is scheduled for June 25 at 11 a.m., outside the L.A. County Courthouse in Norwalk.

The attorney for the conservancy did not return calls seeking comment.

The sun was out over Memorial Day Weekend, but so was a stoplight, and that meant a disappointing take for many of Malibu’s businesses, as holiday crowds, hearing news reports of a major traffic jam near the center of town, shopped and dined elsewhere on that Saturday night.

Now, the businesses that rely on the high-season crowds want the city to have a plan in place to solve these types of traffic tie-ups.

Jeff Peterson, president of the Malibu Chamber of Commerce and general manager of Geoffrey’s, said his restaurant lost thousands of dollars when people either did not show up for their reservations or cancelled them.

Janice Swerman, manager of Granita restaurant, reported similar losses during the period the stoplight was broken, from lunchtime through the dinner hours.

Peterson recounted in a letter to the city, by way of the Business Roundtable, that calls were made to authorities regarding the flashing red light in the 22000 block of PCH. Only a voice mail message awaited callers to City Hall, and Lost Hills Sheriff’s Station referred calls to Caltrans. Operators at Caltrans told callers they could expect a long delay until the stoplight would be repaired because it was a holiday weekend.

“As business people in this city, what are we to do?” wrote Peterson. “We need the support and cooperation from the city of Malibu if we are to survive and prosper.”

Peterson suggested having a community liaison officer available on weekends to mitigate traffic problems.

City Manager Harry Peacock said at the roundtable meeting that the city could hire a private company to maintain the traffic signals inside the city. The sheriff’s department does not use deputies to direct traffic unless an accident occurs.

“That’s the standard formula for situations like these,” said Peacock.

The issue is scheduled for discussion at the City Council’s June 22 meeting.