Institutional Zoning Lighting Plan Has Hearing

• Both Sessions Draw Large Crowds to City Hall

BY SUZANNE GULDIMANN

A proposal to amend the City of Malibu’s Local Coastal Program to permit athletic field lighting on institutionally zoned property generated more questions than answers at two municipal meetings this week.

The LCP currently prohibits athletic field lighting. On Nov. 9, the Malibu City Council sent the proposed draft amendment to the Zoning Ordinance Revision and Code Enforcement Subcommittee. ZORACES heard the item at its Nov. 10 meeting with some changes. Both meetings attracted a large number of public speakers.

The draft amendment states that “all requests for the temporary lighting of sports courts for educational uses shall be granted if the following conditions are met: the subject property is located in a zoning district which permits temporary lighting of sports courts and outdoor events; the subject property complies with all required standards for institutional development; and the proposed use shall comply with all city noise regulations.”

The draft recommends that “Such activity may occur between the hours of 3 p.m. and 10 p.m. Monday through Saturday. No outdoor lighting is permitted on Sunday or city-designated holidays. Outdoor lighting may be extended from 10 p.m. to 12 a.m. upon obtaining neighborhood consent (signed consent forms or signed letters) from a current resident of at least 80 percent of each occupied property within a five hundred 500-foot radius of the subject parcel where the activity is proposed. Neighborhood consent is not required for undeveloped properties.”

The draft amendment also specifies that “such activity shall be conducted for no more than 16 nights during any 12-month period. Outdoor lighting may be extended beyond 16 nights to an amount specified by the city planning commission upon obtaining neighborhood consent (signed consent forms or signed letters) from a current resident of each property immediately contiguous and from a current resident of at least 80 percent of each occupied property within a 500-foot radius of the subject parcel where the activity is proposed.”

Light standards would be permitted to a height of 60 feet. The draft states that they would be removed when not in use, and not “permanently affixed to the ground.” Visors would be required, but no levels were set for light intrusion.

The city council was supportive of the amendment, and reminded the audience that this was a first draft that would undergo changes. “This is only a stepping stone,” Mayor Sharon Barovsky said. However, emotions ran high at both meetings. Staff received 18 letters opposing the amendment and one in support prior to the council meeting.

“We thought we would be treated as neighbors,” Malibu Park resident Dawn Erickson said at the Tuesday meeting. “Dealing with the school district has been very difficult. There are problems we have tried to solve that do not get help. They have a huge amount of money and they’ve blown us off. How can we trust them?”

“It’s a misnomer that anyone against the lights is anti-kid,” Malibu Park resident Steve Scheinkman said. “People who are saying residents should use earplugs and dark blinds are doing a disservice.” His remark referred to a suggestion the previous night by city Councilmember Pamela Conley Ulich.

“Do we reward the school district for illegally using lights or do we punish the kids?” Scheinkman asked. “I’m for night lights but there needs to be enforcement.”

Malibu Park resident Hans Laetz expressed concern over the lack of equal time for Title 9 requirements. “Football isn’t the only activity at the school. Girls play sports, too, but they don’t have a chance to play at home because they don’t have lights,” Laetz said.

Laetz dismissed the environmental concerns expressed by many residents. “Owls love football games, games bring people, people bring rodents,” he said.

Collen Baum, a MHS parent and one of the primary advocates of the lighting plan, said. “I don’t have a football player. I have a daughter. [Night games were] nights of peace and calm for me, thinking about all of the awful troubles teens face, I knew she was safe, surrounded by peers, staff, teachers.”

“We don’t have a lot of field space in Malibu,” Baum continued. “We need as much bang for our buck, as many night games as possible, indoors and outdoors.  Because we have a lack of space. My son’s [ASYO team]  is down to two hours, one hour of practice with Daylight Savings. We need to differentiate between lights for practice and lights for games. We don’t have a middle school sports program. What if we were able to fund that?”

“I’m very involved in this,” parent and school activist Laura Rosenthal, stated. “We started in 2003 with one night. There has been a lot of compromise. The initial plan for 203 nights is down to 16 nights. I think we have to have it until 10:30 p.m. We’re not just talking about a football team. It’s a community event. Hundreds of people, thousands of people, but I think we need to be respectful of the neighbors. I’m just looking at football now.

Hap Henry, a football player and president of the Malibu High School Associated Student Body, encouraged the panel to craft a proposal that allows night games and addresses resident concerns.  “Section 2 says no more than 16 nights. I want to be clear if that’s per institution or for the whole community,” Henry said. He suggested that a different lighting array with more lights on lower poles might be an option and that “home games could be bundled together, so lights would only be up one month.”

“Planning Commissioner and ZORACES member John Mazza questioned the provision in the draft amendment that stated the 16-night limit could be extended by the planning commission. “That puts the planning commission in a difficult position,” Mazza said. “That has to go. You absolutely have to have some limits.”

Mazza pointed out that the school district voted in July to be exempt from the city code.

“Absolutely not,” Santa Monica Malibu Unified School District Chief Financial Officer Jan Maez said from the audience.

“Any one who has an institutional zoning can come to the city for a Conditional Use Permit to put lights on their property,” Mazza continued. “There would be an absolute revolt on Point Dume if lights went up, or right here at the Civic Center area. We need to limit it to the high school.”

“The question is how do we prevent abuse and mission creep,” City Council member John Sibert said, adding that he supports night games. “Night games involve kids and keep them off the street, but we need a way to hold the district’s feet to the fire.” Sibert read from the resolution passed by the district in July that stated the district is exempt from city zoning. “That doesn’t give us here much confidence.”

A second meeting, possibly at the high school to accommodate children and parents.  was discussed and will be noticed for public participation. The ammendment will then be heard by the Planning Commission at a public meeting. The draft amendment is available on the city website at www.ci.malibu.ca.us