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Planning panel directs staff to draft trimming resolution in long-running view dispute
Summary
The Malibu City Planning Commission directed staff to return with a resolution identifying specific trees that must be trimmed to restore a documented ocean view in a long-running view preservation dispute, after hearing competing evidence from the claimant and the foliage owner's representative.
The Malibu City Planning Commission on Feb. 2 directed staff to prepare a resolution identifying trees to be trimmed to restore a portion of the ocean view documented in the city's April 5, 2012 primary view determination (PVD 12-009).
The decision followed a public hearing on View Preservation Permit 25-001, where the claimant, Mark DiPaola, presented staff and historical photos and asked the city to require trimming of two eucalyptus trees so the documented ‘‘blue-water’’ corridor would be restored. DiPaola said he first attempted informal discussions, mediation and arbitration without success and offered to pay for trimming.
The foliage owner's representative (Comiskey) disputed the claimant’s reading of the evidence, telling commissioners staff was unable to conclusively determine which trees, if any, were on the owner's property and arguing some contemporary photos reflected changes made by others. City staff told the commission they were unable to access the foliage owner's property and that their analytical obligation was to compare the current staff photographs against the 2012 PVD vantage point.
Commissioners debated the statutory test under MMC 17.45, including whether the blocked portion of view identified in the PVD was ‘‘significant’’ under the code and whether photographic comparisons had been taken from identical vantage points. After discussion, Commissioner Peake moved — with an amendment that protected vegetation above the horizon line — to direct staff to return with a resolution of approval that identifies the specific trees depicted in the top photo on page 3 and the bottom photo on page 4 of PVD 12-009 and describes trimming measures to restore the blue-water view.
The motion carried on roll call: Peake yes, Leonard yes, Camins yes, Vice Chair Mazza no, Chair Riddick yes. Staff said it will prepare a resolution tying the commission’s direction to the referenced PVD photos and return at the commission’s first March meeting.
The commission closed the hearing after making the direction and noted a resolution would be drafted for a future vote.
Provenance: The proceedings and staff report for VPP 25-001 and the commission’s motion and vote were recorded during the public hearing portion of the Feb. 2 meeting. The commission asked staff to return with a written resolution consistent with the recorded motion.
