Council unanimously rejects ADU across from Pepperdine Play

City Council Tuesday turned down an effort by the owner of a house just across the street from Pepperdine University to squeeze in a housing unit right on John Tyler Drive. In a unanimous vote, the City Council found the attempt to add an ADU way down the hillside from the existing house ridiculous.

The house in question sits up in the Malibu Country Estates subdivision on the hill overlooking Pepperdine. The owner wanted to build the second house down at the flat bottom of the lot next to John Tyler Drive.

Attorney Mark Baute said state ADU law means the house has to be approved by the City Council, and he threatened to sue if he didn't win.

"I've been waiting for the perfect guest house case to bring against the city of Malibu," he said last night. "This is the case."

The city attorney pointed out that the state law requires approval for attached ADUs — and this house is not attached to the main house.

Councilmember Steve Uhring took great umbrage at the threat. Uhring said the proposal was absolutely out of place for the subdivision.

"I agree with Bruce. Mr. Baute likes to intimidate people, and he must have had a real strange childhood to grow up like that."

"I'm sorry, but he does it all the time."

Baute shot back: "your apology os accepted."

It appeared clear that there had been no apology offered.

Uhring then said everybody who bought a house in that subdivision above Pepperdine knew what the rules were — one house per property.

"I think the applicant has just been trying to bend the rules," he said. "He's been offered opportunities to put an ADU in and he's denied those opportunities. His desire is to do something that everybody else can't do up there."

The proposed ADU at the bottom of the hill across from Pepperdine was rejected on a unanimous vote.

CORRECTION: This article was corrected at 4:35am Sept. 25, to correctly spell "Baute." Spellcheck had automatically changed the spelling to an incorrect one.