1. 31571 Sea Level Drive Keane Guest House Wednesday, August 8, 2015 -- Agenda Item 14a Appeal No. A-4-MAL-15-0042

2. But as this Commission found 10 years ago to this day -- August 12, 2005 -- in issuing a cease and desist order enjoining the locals’ privatization of Broad Beach and ending their illegal use of private guards obstructing public access: “Broad Beach … is a popular and heavily used recreational beach area.“ (July 7, 2005 staff report, p. 23.) This appeal is about protecting the public’s right to view the ocean Staff report, p. 3: “the view is only from a small stretch of a road that is not widely used by the public….” "The scenic resources that must be protected in this area include the views to and along the beach and ocean ….” (Id., p. 26.)

3. THIS APPEAL IS ABOUT DIRECTING MALIBU TO FOLLOW ITS LCP The primacy of Malibu’s “envelope” rule (compliance with fixed pre-LCP numerical height and yard setback rules): “when you fit inside that envelope, we have effectively given you permission to build….” (City Council Member La Monte before voting yes on project.)

4. “The envelope rule is one that we have followed religiously for many years now.” ( Malibu Planning Commissioner Jennings before voting yes on project.) BUT WHAT ABOUT FOLLOWING THE STANDARDS OF THE MALIBU LCP?

5. There are 4 heavily used public access ways on Broad Beach Rd. The State spent millions of dollars to purchase Lechuza Beach and access to it. Access to this public beach is from Broad Beach Rd., just 1/10 th of a mile west of the ocean view this appeal seeks to protect

6. Parking near Lechuza Beach Access

7. Public use of Lechuza Beach

8. Cyclists using Broad Beach Road to bypass PCH

9. THE FOLLOWING SLIDES WILL SHOW THAT THE MASSIVE CUMULATIVE LOSS OF OCEAN VIEWS ALONG BROAD BEACH RD. MAKES THE ADVERSE INCREMENTAL IMPACT OF THE LOSS OF ONE OF THE LAST REMAINING PUBLIC OCEAN VIEWS FROM THIS ROAD SIGNIFICANT

10. The Commission certified the Malibu LCP and entrusted the City with CDP authority over new development in 2002

11. Today -- 13 years later -- beachfront development along Broad Beach Rd. has resulted in continuous walls obliterating public views to and along the ocean

12. What creates the continuous barrier is that side yards between adjacent residences are allowed to be walled off by solid gates,

14. by solid walls,

16. and by dense foliage.

18. ANOTHER ILLUSTRATION OF CUMULATIVE LOSS OF VIEWS AT BROAD BEACH RD. AND BARRIER EFFECT SIDE YARDS WALLED OFF FROM ONE HOUSE TO THE NEXT

19. ANOTHER ILLUSTRATION OF CUMULATIVE LOSS OF VIEWS AT BROAD BEACH RD. AND BARRIER EFFECT SIDE YARDS WALLED OFF FROM ONE HOUSE TO THE NEXT

20. ANOTHER ILLUSTRATION OF CUMULATIVE LOSS OF VIEWS AT BROAD BEACH RD. AND BARRIER EFFECT SIDE YARDS WALLED OFF FROM ONE HOUSE TO THE NEXT

21. ANOTHER ILLUSTRATION OF CUMULATIVE LOSS OF VIEWS AT BROAD BEACH RD. AND BARRIER EFFECT SIDE YARDS WALLED OFF FROM ONE HOUSE TO THE NEXT

22. ANOTHER ILLUSTRATION OF CUMULATIVE LOSS OF VIEWS AT BROAD BEACH RD. AND BARRIER EFFECT

23. Current public view of project site from Broad Beach Rd. across appellant’s property. There are only 5 places where there is still a view along 1.6-mile long Broad Beach Rd. With so few views left, every one becomes precious.

24. The project is a guest house, as shown by the applicant’s architect’s own plans on file with the City of Malibu. Private ocean views from a guest house should not come at the expense of the public’s views.

25. Current public view of project site from Broad Beach Rd. across appellant’s property. The small white house on the right does not impact the view. The trees in the background behind the white house do. They are on the applicant’s property.

26. Story poles and flaglines show the project’s impact on the public ocean view from Broad Beach Rd.

27. The future condition: public ocean view totally lost (Model created by Malibu-based Burdge & Associates Architects, based on project plans)

28. Story poles and flaglines show the project’s impact on the public ocean view from Broad Beach Rd.

29. The future condition: public ocean view totally lost (Model created by Malibu-based Burdge & Associates Architects, based on project plans)

30. The 1931-square foot guesthouse project (footprint outlined in red) maximizes buildable square footage on this lot. The LIP here allows residential development between 800 square feet and 1982 square feet. The applicant’s project is just 51 square feet less than the maximum allowed 1,982 square feet. Property owned by applicant Main house owned by applicant Proposed Guest House

31. Burdge Architects Alternative (footprint outlined by solid yellow line) moves project footprint east and southeast. Avoiding development in westerly portion of the site (short, upper side of broken black line) preserves the ocean view from Broad Beach Rd.

32. More detailed diagram plan showing project and feasible Burdge Architects Alternative. By re-orienting the project almost all view blockage from Broad Beach Rd. is eliminated. The alternative offers a reasonable 1,503 square-foot guest house use, still 703 square feet more than the minimum permissible use of 800 square feet.

33. Model (digital massing) of alternative created by Burdge Associates & Architects, based on project plans (see middle left/east): public ocean view largely preserved.

34. Feasible Burdge Architects Alternative: Public ocean view largely preserved.

35. “Staff believes the appellant’s proposed alternative does not account for all City of Malibu and Los Angeles County Fire Department building and residential driveway setbacks and therefore, the Commission cannot confirm if the appellant’s alternative is feasible.” (Staff report, p. 14.) This is one good reason for the Commission to find Substantial Issue, which will allow staff to work with the stakeholders to develop a feasible alternative.

36. In fact, the Burdge Architects Alternative is feasible. Vehicular access to basement garage, as proposed in project:

37. The Burdge Architects Alternative is feasible: Design of vehicular access to basement garage, including driveway grade, as proposed in alternative: unchanged (compare with rendering on prior slide, showing access as proposed in project). Fire Department emergency access from Sea Level Drive to lot: unchanged. Location of septic holding tank: unchanged.

38. Malibu has allowed the ocean views to and along Broad Beach and the ocean to disappear although its LCP incorporates Coastal Act Chapter 3 Policy 30251 into Chapters 6 of the Malibu LUP and LIP. The project cannot be found to conform with LIP section 6.5 (A)(1). This provision applies to any individual lot, without exemption, and regardless of lot size, when coastal development would adversely impact a public ocean view. LIP section 6.5 (A)(1): “New development shall be sited and designed to minimize adverse impacts on scenic areas from scenic roads or public viewing areas to the maximum feasible extent. If there is no feasible building [footprint] site location … where development would not be visible, then the development shall be sited and designed to minimize impacts … through measures including … siting development in the least visible portion of the site, breaking up the mass of new structures, [and] restricting the building maximum size….”

39. The project cannot be found to conform with LIP section 6.4 (A)(3). This provision, too, applies to any individual lot, without exemption, and regardless of lot size when coastal development would adversely impact a public ocean view. LIP section 6.4 (A)(3): “A Coastal Development Permit for the proposed development shall only be granted if the city’s decision- making body is able to find that [¶] The project, as proposed or as conditioned, is the least environmentally damaging alternative.”

40. The project cannot be found to conform with LIP section 6.5 (E). This provision, without exemption, applies to any individual lot located on the ocean side of Broad Beach Rd. and other specified public roads in Malibu, again, regardless of lot size. LIP section 6.5 (E): “New development on parcels located on the ocean side of public roads, including … Broad Beach Road …, shall protect public ocean views.”

41. Contact information: Angel Law 2601 Ocean Park Blvd., Suite 205 Santa Monica, CA 90405 Email: fangel@angellaw.comfangel@angellaw.com Tel.: (310) 314-6433 © 2015 Angel Law. All Rights Reserved.