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Wednesday, August 03, 2011

Two State Coastal Panelists Appeal Malibu Permit OK

• Commissioners Challenge Project

BY BILL KOENEKER

Two California Coastal Commission members have appealed a Malibu Planning Commission decision approving the construction of a new Broad Beach home. The matter was scheduled to be heard at the August meeting of the coastal panel, but has been postponed.
Commissioners Mary Shallenberger and Brian Brennan are challenging the decision approving the application for the demolition of an existing 1943-square-foot single-family residence with spa and partial demolition of the most seaward portion of the deck and construction of a new 6271-square-foot single-family residence with attached garage, new swimming pool, spa, firepits, outdoor barbeque, hardscape, new wastewater treatment system, new foundation system consisting of grade beams and 24 piles, and a ten-foot wide view corridor split evenly to five feet on each side of the property, including a stringline modification request to use an alterative deck stringline.
“The project is appealed on the grounds that it is inconsistent with the shoreline development and public access policies of the City of Malibu Local Coastal Program and the public access policies of the Coastal Act,” states an appeal letter from the Coastal Commission office.
The commission letter notes the project site is located on Broad Beach where a “temporary 4,100 linear ft. rock revetment was installed in 2010 pursuant to an emergency coastal development permit in front of the subject property and 76 other adjacent properties.”
The CCC appeal letter indicates the city’s approved findings state the proposed project does not include the construction of a new bulkhead or seawall.
“However, the city’s approved findings did not address whether the existing temporary revetment or any shoreline protective device would be necessary to protect any portion of the proposed project.
“Therefore, it is unclear whether the development has been sited and designed to minimize risk from wave run-up, flooding, and erosion hazards without requiring a shoreline protective structure at any time during the life of the development as required,” the appeal goes on to state.”
There were other problems allegedly wrong with the application including how the deck stringline is used and findings that are incorrect about an existing lateral public easement.
“The commission staff review of permit records and the LCP public access map indicates that although public lateral access easements have been recorded on both the immediately adjacent properties, there is no existing recorded lateral public access easement on the subject property,” the appeal letter states.

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