Council Turns Down HOA Appeal of Trancas Market

BY BILL KOENEKER

By unanimous vote, the Malibu City Council this week denied an appeal by the Malibu West Homeowners Association for denial of the planning commission approval of the proposed expansion of Trancas Country Market.
The planning commission had approved the plans, including a 25,728-square-foot addition to the existing commercial shopping center, permits for two new restaurants, and a new parking lot across the street for employees.
The planning panel appeared to have been won over when the developer eliminated plans for an 11,000-square-foot shopping center on a vacant parcel at the last minute.
The appellants insisted they were not opposed to the project, but thought it needed more study. They asked that the council, if members did not require an Environmental Impact Report, condition the project on a number of issues involving emergency easements, noise and traffic.
“Our own consultant recommended an EIR is required,” said HOA board member Mark Wetton. “If the city does not require an EIR, then it should require mitigation of sound and safety issues.”
The council complied with one of the conditions—emergency evacuation sought by the HOA and added two of its own conditions: a 24-hour security guard and creating a location to store disaster emergency supplies.
Councilmember Jefferson Wagner said his approval could only be obtained if the council required emergency access. The HOA sought two easements to avoid the chokepoint they said that would exist during a disaster at Trancas Canyon Road and Pacific Coast Highway.
The council rejected a proposed easement for an escape route on the east side of the development agreeing when the city attorney said that the location of such an emergency road would be problematic given that it is in the middle of an Environmentally Sensitive Habitat Area.
The council accepted the notion that an emergency escape route along the property line of the western parcel would offer an acceptable alternative.
The project applicant Dan Bercu said he would need to get the approval of the lender, and his attorney sought a way in which the project could be approved this week and the proof of the applicant’s compliance could be provided later.
Some f the other conditions sought by the HOA were turned down by the council including a sound wall, which members found fault with, including insisting it could be a wildlife barrier. Another offered an explanation that they don’t work and a sound wall would keep the sound of the ocean away from the residents.
Councilmember Wagner said many of the other HOA concerns were already covered by current city law or would be in forthcoming ordinances.
Councilmember Pamela Conley Ulich blasted he developer for not providing a public amenity. She suggested for long-term planning Bercu could have “provided a lumber site”. She also talked about public transportation, such as a bus or shuttle that could transport people from Cross Creek to Trancas, and vice versa.
Councilmember Andy Stern said he was pleased the proposal was not larger. He also said he did not want to encourage the developer to expand the project so the city could get a public amenity.
Mayor Sharon Barovsky seemed taken aback by an HOA suggestion that all of the picnic tables should be removed from the proposed commons area.
“Tell me about a picnic area with no picnic tables,” said Barovsky. It was explained by Bercu’s attorney that HOA members did not want large families from the 818 area code taking over the commons area.
Barovksy insisted she would require picnic tables. After Bercu quipped it is a Zen thing, the mayor was reassured there would be picnic tables.
Bercu reiterated that the east parcel, which contains the creek and offers potential for a restored lagoon, is for sale and the owners would consider reducing the price from $3.5 million to $2.5 million.
The audience was made up laergely of Bercu associates and supporters, with a smattering of critics. The tenor of the meeting prompyed the mayor to say, “This is the most civilized group.”