Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Residential Hillside Variance topic
No spam. Unsubscribe anytime.
Planning commission approves hillside residence with variance, adds view and dark-sky conditions
Summary
The commission approved a two-story residence with a variance for steep-slope construction, adding conditions requiring motion-sensor lighting compliant with the dark-sky ordinance and limiting vegetation in the front and southern side-yard setbacks to 42 inches to preserve a peekaboo ocean view; commissioners debated mapped ESHA proximity.
The Malibu Planning Commission on Sept. 15 approved a Coastal Development Permit, a variance and a site-plan for a new two-story single-family residence, adopting amended conditions for lighting and vegetation intended to protect scenic views and limit nighttime light.
Staff presented the proposal, which includes a residence with basement, on-site wastewater treatment system, a pool and associated hardscape. Because parts of the site involve slopes steeper than 30%, the project is subject to the city’s hillside-development standards, which reduce allowable development area by about 25%. Staff reported that a site-specific biological assessment concluded that mapped environmental-sensitive habitat areas (ESHA) nearby do not meet ESHA criteria within 200 feet of the proposed footprint and therefore the project would not encroach on ESHA.
During commissioner discussion, concerns focused on two areas: whether the mapped blue-line stream (Encinal/‘blue line’ stream) should be treated as ESHA and whether trees and vegetation at the corner of Encinal Canyon and Via Veneta block a small ocean view. One commissioner requested an explicit acknowledgement that an ESHA is present nearby and suggested a variance approach; staff and other commissioners cautioned that adding an additional variance at the hearing would require re-noticing the project. Staff reiterated they had the applicant provide a supplemental biological memo and the city biologist concurred that the project would not impact ESHA.
The commission approved staff’s recommendation with two specific condition edits: (1) second-story deck lighting must use motion sensors and comply with the dark-sky ordinance, and (2) condition 42 will be expanded so that “all vegetation, including trees and fencing located within the front-yard setback and the southern side-yard setback up to the main structure shall be maintained at or below a height of 42 inches” to preserve the ocean view from Encinal Canyon. Commissioners discussed but did not add an ESHA variance at the hearing because that would require re-noticing.
Motion and vote: the commission moved to approve staff’s recommendation with the amended conditions and adopted Planning Commission Resolution 25-55; roll call recorded unanimous approval.
