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Commission restores primary view determination for 31833 Sealevel Drive; trims ordered to remove obstruction
Summary
The Planning Commission approved a view preservation permit ordering corrective trimming to restore an ocean view recorded in Primary View Determination PVD 12‑109 at 31833 Sealevel Drive, finding the view substantially obstructed by vegetation at 31842 Sealevel Drive and authorizing the minimum trimming necessary.
The Malibu Planning Commission on May 19 approved a view preservation permit (VPP 23‑001) finding that vegetation at 31842 Sealevel Drive obstructs the ocean view recorded for 31833 Sealevel Drive under Primary View Determination PVD 12‑109 and that corrective trimming is the appropriate, minimum action to restore the view.
Planning staff presented a comparison of photographs taken for the PVD in 2012 and a site visit photo set from October 2023; staff concluded the vegetation condition had changed and was now blocking the previously documented ocean view. Staff reported outreach and multiple attempts at voluntary resolution, including written contacts and in‑person meetings, and said the foliage owner had provided materials claiming a prior Coastal Commission staff report referenced vegetation protections; staff advised that the city had requested the coastal file for confirmation and that hard‑copy materials were being retrieved from state archives.
Staff recommended approval of corrective trimming, with findings required by MMC §17.45.060, including that negotiation attempts were made and that trimming would (staff concluded) not harm hillside stability or drainage. The commission adopted the staff recommendation after discussion and public comment from neighbors and representatives who urged timely action and noted on‑the‑ground conditions. The commission’s decision makes the corrective action binding on current and future property owners for the subject parcel and authorizes trimming sufficient to restore the recorded PVD view.
The permit does not order tree removal; it authorizes corrective trimming as the minimum action required to restore the documented primary view. The staff report and the commission record note that if the Coastal Commission later produces permit conditions that affect trimming or removal limits, those coastal conditions would take precedence; the city noted it had requested the coastal file for verification.
Outcome: VPP 23‑001 approved (unanimous roll call).
