Motion by Supervisor Zev Yaroslavsky

December 5, 1996

MOTION BY SUPERVISOR ZEV YAROSLAVSKY

(Relates to Item No. 5)

Although I support the applicant’s efforts to maintain and expand educational facilities in conjunction with the dedication of substantial public open space and the restoration and preservation of natural areas within the applicant’s ownership, consistent with the framework agreement reached between the applicant, the Santa Monica Mountains Conservancy and the County, I am concerned that the general plan amendment recommended by the Regional Planning Commission, redesignating nearly 150 acres for institutional use would constitute an endorsement of the future expansion of the campus, subject only to the issuance of a conditional use permit. An additional mitigation measure is essential to reduce the effects of redesignating this much area for possible, future expansion. Therefore, I am calling for a Buffer Category in the Plan, and a companion mitigation measure in the FEIR.

In addition, I believe that some other minor revisions to the conditions of approval are necessary to avoid any misinterpretation of the specific terms and limitations of the conditional use permit.

I, THEREFORE, MOVE that the public hearing be closed and that the Board of Supervisors indicate its intent to approve Sub-Plan Amendment 91-123-(3), Zone Change Case No. 91-123-(3), Conditional Use Permit No. 91-123-(3), Parking Permit No. 91-123-(3), Oak Tree Permit No. 91-123-(3), and Vesting Tentative Tract Map No. 50603-(3) with the following modifications:

Reduce the area to be designated “Public and Semi-Public Facilities” on the Land use Policy Map of the County General Plan and “Institution and Public Facilities” on the Malibu Land Use Plan by removing therefrom approximately 90 acres within sensitive resource areas, Environmentally Sensitive Habitat Areas (ESHA’s), oak woodlands, view sheds and hillsides, and those portions within 300 feet of Mulholland Highway.
Redesignate the areas described above as “Institutional Buffer.” Such designation shall be delineated on an exhibit in substantial compliance with that displayed at the public hearing before the Board of Supervisors and shall allow certain accessory uses, including tennis courts, athletic fields, and automobile parking, as depicted on the approved site plan for Conditional Use Permit No. 91-123-(3), involving no new buildings or structures, except for the kiosk at the new main entrance to the project, and maintenance of existing structures.
Add “Institutional Buffer” to the land use plan categories and definitions of the Land Use Element of the County General Plan and the Malibu Land Use Plan.
Specify that no expansion into the “Institutional Buffer” area shall be allowed unless a general plan amendment is adopted by the Board of Supervisors and certified by the Coastal Commission and that such an amendment shall not be considered during the twenty-five year term of the Settlement Agreement.
Revise Condition #11a of Conditional Use Permit 91-123-(3) to read, “The total curricular enrollment during the life of this grant shall not exceed 650 students, consisting of 500 on-campus resident students and not more than 150 nonresident or commuting students.”
Revise Condition #11c of Conditional Use Permit No. 91-123-(3) to read, “In addition to the curricular students allowed by Condition #11a above, non-curricular evening classes may be conducted on the campus, Monday through Thursday, provided that the total attendance shall not exceed 100 students per night during phase one of the campus development and 150 students per night during subsequent phases.”
Revise Condition #11k Conditional Use Permit No. 91-123-(3) by adding “evening indoor cultural events with a maximum attendance of 650 visitors once a week.”
Revise Condition #11t of Conditional Use Permit No. 91-123-(3) by adding the following sentence: “No lighting devices shall be installed or maintained on the playing fields.”
Revise the first sentence of Condition #11v of Conditional Use Permit No. 91-123-(3) to read, “Four copies of a landscape plan, including revegetation plans, shall be submitted to the Department of Regional Planning for review and approval by the Department’s Senior Biologist, who may consult with the Resource Conservation District of the Santa Monica Mountains, and by the County Forester.”
Revise Condition #23 of Conditional Use Permit No. 91-123-(3) to read, “The permittee shall dedicate Lot 3 (open space lot) as depicted on Vesting Tentative Tract Map No. 50603 to the Mountains Recreation and Conservation Authority (MRCA). In addition, 37.17 acres within Lot 1 shall be subject to a conservation easement as depicted on the vesting tentative tract map.”
Revise the second paragraph of Condition #28 of Conditional Use Permit No. 91-123-(3) to read, “The report shall describe the status of compliance with the terms and limitations of this grant and the mitigation measures adopted as conditions of this grant, and the current number of curricular and non-curricular students, and shall be submitted, reviewed and approved in the following sequence:”

I, FURTHER, MOVE that County Counsel be directed to prepare the resolution, ordinance, findings and conditions, incorporating the modifications outlined above, and the related environmental documentation for adoption by our Board.