Projects Get OK After ‘Flip-Flop’ by Commission : Development: The dramatic reversal of an earlier decision by coastal commissioners deals a setback to the city’s plan to control growth. The chairman says ‘an error of law’ was made in December voting.
MALIBU — In a stunning setback for the city of Malibu’s efforts to control growth and determine its own destiny, the California Coastal Commission has approved two large-scale development projects in the Trancas Canyon area.
After a full-court press by the developer, the commission reversed itself and voted 8-3 to approve the Trancas Town project, the largest of the two developments, despite objections from the city and neighboring residents.
The decision at a meeting Thursday in Marina del Rey came only three months after the commission rejected the same 35-acre project on a 5-4 vote. The dramatic reversal left Malibu activists shaking their heads in disbelief.
“The flip-flop that my colleagues have done seems inexplicable to me,†said Commissioner Madelyn Glickfeld, a Malibu resident. “It not only ties (the city’s) hands, it forces them to do things that may be contrary to the interests of the community.â€
Glickfeld had objected to the Trancas Town project and the adjacent Preferred Financial project on grounds that the developments would prejudice the new city’s ability to draft its own land-use plan for guiding future growth. She warned of potential water, sewer, flood, fire and traffic problems at the western end of the city if the developments go forward.
Malibu officials contend, however, that the subdivisions are still subject to the city’s planning process, and that the city will not accept the developers’ subdivision plans or issue permits without a legal fight. Commissioner Gary Giacomini, a Marin County Supervisor, told reporters that he was shocked by the reversal of December’s vote. “It should have been an exact replay,†he said. “I have no idea what changed. It’s indefensible.’
Giacomini said the decision “foisted 105 units†on Malibu and may make it impossible for the city to get a handle on growth. “It is without a doubt one of the saddest days that I’ve witnessed being on the commission,†he said.
But Chairman Thomas Gwyn said the commission had made “an error of law†in December when it took into account the potential impact of the project on Malibu’s ability to write its own local coastal plan.
Attorneys for the commission advised that the projects should be considered solely on the basis of requirements in the state’s Coastal Act, not on whether they would prejudice Malibu’s ability to plan for itself.
“It’s a question of fairness,†said Gwyn, who had voted against the Trancas Town project in December but favored it Thursday. The fact that the long-delayed project had been “in the pipeline†before Malibu’s incorporation as a city last year was significant, he said.
Gwyn said the city is “going to be more constrained†in considering the Trancas Town project and will have to focus on health and safety issues instead of creation of the subdivision.
In pressing for approval, Century City attorney Alan R. Block told commissioners they should not be “misled by the city or the opponents.â€
He presented a parade of consultants who defended both projects and dismissed opponents’ arguments about potential problems with traffic, seismic safety, water supply, fire protection and septic systems.
The Trancas Town project would involve construction of 15 homes and 52 condominiums on 35.2 acres on the western side of Trancas Canyon Road near Pacific Coast Highway.
The adjacent Preferred Financial project, which was approved on a 6-5 vote, consists of 38 condominiums on 6.5 acres at the northeast corner of Lunita and Ballard roads.
Block argued that the city of Malibu must accept the developer’s final subdivision map, but he said later that the issue will likely end up in a courtroom confrontation with the city.
A legal battle seemed inevitable based on the tone of remarks by Malibu officials and members of the Malibu West Homeowners Assn., who live near the two projects.
“This project is too massive to let slip by,†Malibu Assistant City Atty. Christi Hogan told the commission. She warned that approval of the Trancas Town project would turn the city’s “whole planning process on its head.â€
Malibu Planning Director Robert Benard said the development was “overtly insensitive to the natural environment†and would negatively affect the coastline.
Malibu West residents warned of the potential for devastating fires similar to the Santa Barbara and Oakland disasters if the developments are built in the area because the water supply is inadequate.
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