Planning commission approves Sea Level Drive house despite protected oak removal

The Planning Commission voted to approve a Coastal Development Permit and site plan review for a new single‑family residence at 318 Sea Level Drive on May 5, adopting Planning Commission Resolution No. 25‑43 to approve the project as conditioned.

Rick (staff member) outlined the project and explained that the vacant, mostly flat lot of just under 5,000 square feet includes a centrally located protected coast live oak that the applicant proposes to remove because it falls within the building footprint. Rick said the applicant seeks a minor modification to reduce a radial rear setback from 15 feet to 12 feet and a site plan review for a two‑story residence with a maximum requested height of 24 feet.

“The applicant, unfortunately, will is proposing to remove the, centrally located oak tree there, which, shows up within the building footprint,” Rick said in his presentation, and he described required mitigation steps and the city’s Land Use Plan (LIP) requirement that in‑lieu fees for removed native trees be paid to the native tree impact mitigation fund administered by the Santa Monica Mountains Conservancy.

Applicant Charles Santos told commissioners the owner is a Malibu native who grew up in Big Rock and that the project has received department approvals, LA County Fire and Fuel Modification Unit clearance, and HOA approval. Santos said the proposed total developed square footage (TDSF) is 1,885 and that, excluding the garage, the main house square footage would be around 1,400—below the neighborhood average.

One public commenter, Joe Drummond, urged the commission to “waive those fees so that no one gets them,” asserting the fees should not go to the MRCA or related entities. Commissioners and staff clarified that the in‑lieu funds do not go to individuals but into a fund directed to native tree mitigation and that the applicant has established the required fees with the Santa Monica Mountains Conservancy.

Commissioners also discussed an older trails map and whether the property should have been reviewed for a mapped trail. Staff explained the city and staff rely on the city’s parks/trails map in effect and noted that while the map is dated, the project review followed the adopted map and applicable standards. Commissioners raised fire‑safety and road‑width concerns—the road in front of the property is about 12 feet wide—and noted a prior city requirement for street widening had been reversed by the California Coastal Commission.

Motion and vote: A commissioner moved to approve the project as conditioned; another commissioner seconded. Roll call votes were recorded as yes by Commissioner Kamens, Commissioner Mazza, Commissioner Riddick and Vice Chair Leonard. The motion carried and the project was approved.

Why it matters: the commission approved a house on a small lot that requires removal of a protected coast live oak; staff and the commission relied on the LIP mitigation framework for in‑lieu fees and confirmed department approvals including LA County Fire. The approval includes standard conditions and tree‑mitigation fees paid to the native tree impact mitigation fund rather than an external nonprofit chosen by the project’s environmental reviewer.