Planning Commission Takes Action on Key View Preservation Issues

BY BILL KOENEKER

Two closely watched view preservation issues before the City of Malibu Planning Commission last week had similar outcomes for those seeking to maintain their ocean views even though they were reached by very different approaches.

By unanimous vote, the planning panel declined to remove a condition that had been volunteered by applicant Bill Lawrence who then sought to waive the requirement, to restore his neighbors’ viewshed by cutting down his pine trees or replacing them with trees that would not grow above 20 feet. The voluntary condition was part of Lawrence’s application for a Cliffside Drive remodeling project. The trees were being cut down as The News went to press.

A second item on the agenda for another makeover, also on Cliffside Drive, was praised by commissioners because the neighbors had already worked out a unique view preserving agreement that allowed the applicant to redo an existing residence, go above 18 feet in places, but still preserve the ocean views of his across-the-street neighbors by controlling the height of the vegetation in perpetuity.

On the Lawrence issue, commissioners heard from his attorney, Alan Block, who said the request was prompted by an arborist’s report that the trees would die if they were topped at 20 feet—the original condition accepted for approval of the building request.

“We made an offer during a contentious hearing. It has blown up in our faces. I didn’t want the 50-year-old trees to die,” said Bill Lawrence, the owner and applicant.

Christa Miller Lawrence said, “It has been one heartbreak after another. I didn’t want to kill the trees. We have been hounded by the neighbors.”

However, the across-the-street neighbors, who also brokered the deal for the view preserving agreement of the other building project, told commissioners a different story and chided the Lawrences for their current predicament.

“It is like a child murdering his parents and then throwing himself on the mercy of the court, saying he is an orphan,” said neighbor Sam Hall Kaplan, who told commissioners the trees were compromised when the Lawrences had them cut.

Later, the Lawrences’ arborist, who was closely queried by commissioners, explained that he had been called in after the trees were uplimbed.

Peggy Hall Kaplan also told the planning panelists she believed the trees were purposely uplimbed and that the bluffside house was little used by the Lawrences but maintained mostly as a perk for their production company. Lawrence is the executive producer of the television show “Scrubs.” She said the uplimbing had compromised the trees and already destroyed the Lawrences’ privacy.

However, it might have been former planning commissioner Pete Anthony’s testimony to the planning panelists that helped sway them. “You accepted the generosity of the applicant. It broke a logjam. He did it with his attorney present. Without the condition, this is a different project. You should be able to take a planning commission decision to the bank. This was volunteered. It was not extorted. The commissioners should stick to their guns,” he said.

Commissioner Joan House, who said the neighbors being at odds was “very sad,” said she is a strong advocate for protecting neighbor and public views. “The applicant did make an agreement. Top the trees and see what happens. They are not specimen trees,” she said.

Commissioner John Sibert observed that there are no rules that can be set up that someone cannot find a loophole. He also talked about how panelists should not be adjudicating neighborhood disputes.

“By pruning the bottom out they made it really difficult to top out. Even their own arborist said that. [The applicant] voluntarily agreed to it,” he added, saying the commissioners should hold the applicant to the original agreement.

“I am inclined to agree with Commissioner Sibert,” said Commissioner Les Moss. “There is a lot of speculation if they will die. We don’t know that. If they do, they can be replaced. It was not our condition. We did not impose this.”

Chair Regan Schaar agreed, “We saw a lot of smoke and mirrors tonight. The Lawrences were trying to avoid an appeal. We need to move on and put this to bed. You did make a deal to avoid an appeal. A deal is a deal.”

By contrast, the commissioners had nothing but praise on the other agenda item involving applicant Bruce Martin, the Hall Kaplans and staff planner Stephanie Edmonson, who helped facilitate a meeting between Martin and the Hall Kaplans to reach a private maintenance agreement for the trees on Martin’s property.

The onsite trees within the Hall Kaplans’ line-of-sight will be maintained at the roofline of the proposed addition and remodel so as to shield the Kaplans’ from the structure while maintaining a view across the site. The project also includes a public view corridor to be maintained near the Cliffside Drive and Grasswood Avenue intersection.

“It is so much better when the neighbors take care of it. I am almost excited,” said Sibert.

“It is nice to see cooperation,” added Moss.

“I complement you on the view corridor,” said House.

Planning Manager CJ Amstrup told commissioners that Edmonson put a lot of time and effort into finding a solution.

Martin agreed, “It truly would not have come to fruition if not for Stephanie.”