MALIBU : State Court of Appeal Backs Zoning Ordinance

Malibu has won a two-year legal battle with landowners over development in the city, a victory that officials say will help preserve the area’s rural character.

The state Court of Appeal recently threw out a lawsuit brought by the Malibu Village Civic Assn., a group of 15 property owners who sought to overturn the city’s interim zoning ordinance.

The law, adopted more than two years ago, places strict limits on several kinds of development--for example, prohibiting construction on ridgelines and requiring that homes in most parts of the city be built on at least two acres of land. The ordinance is a temporary measure designed to guide development while officials hammer out details of a permanent general plan, due later this year.

“The residents of Malibu are custodians of some of the most beautiful land in California,” said City Atty. Christi Hogin. “Our development regulations are intended to preserve that beauty.”

The Malibu Village Civic Assn. lost its case last year in Los Angeles Superior Court, and the appeals court upheld that decision last month. The landowners contended that the interim law violated the state Environmental Quality Act, partly because the city failed to conduct a study to assess its impact. But the courts concluded that the city properly evaluated the potential effects of the law.

Association members said they do not plan to appeal to the state Supreme Court. Property owners and city officials alike said they were eager to embark on a new era of conciliation.

The landowners said they were pleased that the City Council voted recently to allow a mix of commercial and residential development in the civic center area.

But controversy over the city’s development guidelines could revive in the coming months as the city finishes its general plan, which is also expected to include tough regulations.