MeetingThis meeting will be held via teleconference only in order to reduce the risk of spreading COVID-19 and pursuant to the Governor’s Executive Orders N-25-20 and N-29-20 and the County of Los Angeles Public Health Officer’s Safer at Home Order (revised December 30, 2020). All votes taken during this teleconference meeting will be by roll call vote, and the vote will be publicly reported.

HOW TO VIEW THE MEETING: No physical location from which members of the public may observe the meeting and offer public comment will be provided. Please view the meeting, which will be live streamed at https://malibucity.org/video and https://malibucity.org/VirtualMeeting.  

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to
planningcommission@malibucity.org before the meeting begins. 

HOW TO PARTICIPATE DURING THE MEETING: Members of the public may also speak during the meeting through the Zoom application. You must first sign up to speak before the item you would like to speak on has been called by the Mayor and then you must be present in the Zoom conference to be recognized. 

Please visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

 
Malibu Planning Commission
Regular Meeting Agenda
(to be held during COVID-19 emergency)

Monday, February 1, 2021

6:30 PM – REGULAR PLANNING COMMISSION MEETING
Various Teleconference Locations
YOU MAY VIEW THIS MEETING LIVE OVER THE INTERNET AT MALIBUCITY.ORG/VIDEO
Call to Order – Chair
 
Roll Call – Recording Secretary
 
Pledge of Allegiance
 
Approval of Agenda
 
Report on Posting of Agenda
 
Ceremonial/Presentations

None.

 
Written and Oral Communications from the Public
 
A.
Communications from the public concerning matters which are not on the agenda but for which the Planning Commission has subject matter jurisdiction. The Commission may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.
B.
Planning Commission and staff comments and inquires
Consent Calendar
 
A.
Previously Discussed Items
 
1.
De Minimis Waiver No. 20-021 — An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system (Continued from January 19, 2021)
Location: 6670 Dume Drive, partially within the appealable coastal zone
APN: 4468-008-018
Owner: Paquette Family Trust
Case Planner: Associate Planner Thompson 456-2489, ext. 280
Recommended Action: Receive Planning Director’s report on the De Minimis Waiver No. 20-021 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
B.
New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the January 19, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
Administrative Coastal Development Permit No. 20-017 – An application for the replacement of an onsite wastewater treatment system serving an existing single-family residence
Location: 31026 Broad Beach Road, within the appealable coastal zone
APN: 4470-014-014
Owner: Diane Gooch
Case Planner: Assistant Planner Coronel 456-2489, ext. 373
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 20-017.
3.
Formula Retail Clearance No. 20-002 – Malibu Country Mart Shopping Center
Location: 3835 Cross Creek Road, Unit Number 7
APN: 4458-020-014
Owner: 3835 Cross Creek, LLC
Tenant: Alfred Coffee
Case Planner: Associate Planner Thompson 456-2489, ext. 280
Recommended Action: Receive and file the Planning Director’s report on Formula Retail Clearance No. 20-002.
4.
Formula Retail Clearance No. 20-004 – Malibu Country Mart Shopping Center
Location: 3835 Cross Creek Road, Unit Number 12
APN: 4458-020-014
Owner: 3835 Cross Creek, LLC
Tenant: Brandy Melville
Case Planner: Associate Planner Thompson 456-2489, ext. 280
Recommended Action: Receive and file the Planning Director’s report on Formula Retail Clearance No. 20-004.
4.
Continued Public Hearings
 
A.
Appeal No. 20-012 - Appeal of Planning Director’s approval of Planning Clearance No. 20-017 for the Tesla Information Center and Showroom (Continued from January 19, 2021)
Location: 23401 Civic Center Way, not within the appealable coastal zone
APN: 4458-022-030
Owner: The Park at Cross Creek, LLC
Appellant: Patt Healy
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-04, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 20-012, and approving Planning Clearance No. 20-017 for the Tesla Information Center & Gallery/Showcase in the Civic Center Northeast-Specific Plan zoning district at 23401 Civic Center Way (The Park at Cross Creek, LLC).
B.
Coastal Development Permit No. 17-001, Variance No. 19-004 and Site Plan Review No. 17-005 – An application for the construction of a new single-family residence and associated development (Continued from December 7, 2020)
Location: 5924 Zumirez Drive, within the appealable coastal zone
APN: 4467-008-034
Owner: Izad Family Trust
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 21-12 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-001 to construct a new 6,697 square foot, two-story, single-family residence including a 1,647 square foot subterranean garage, rooftop deck to contain an herb garden and elevator, swimming pool, spa, pool decks, landscaping, hardscape, retaining walls, fire department turnaround, driveway improvements, and new onsite wastewater treatment system; including Variance No. 19-004 for construction on slopes steeper than 2.5 to 1 and Site Plan Review No. 17-005 for construction up to 24 feet tall for a flat roof and 28 feet with a pitched roof for the elevator shaft located in the Rural Residential-Five Acre zoning district at 5924 Zumirez Drive (Izad Family Trust).
D.
Coastal Development Permit No. 20-018 - An application for a new vehicular and pedestrian access gate to the Sycamore Park neighborhood (Continued from January 19, 2021)
Location: 6480 Via Escondido Drive, not within the appealable coastal zone
APN: 4460-009-003
Owner: Sycamore Tennis Court Association
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to the February 16, 2021 Regular Planning Commission meeting.
5.
New Public Hearings
 
A.
Coastal Development Permit-Woolsey Fire No. 20-023 – An application for a 1,314 square foot addition, a new OWTS, and exterior site improvements (Continued from December 7, 2020)
Location: 30181 Cuthbert Road, within the appealable coastal zone
APN: 4469-007-002
Owner: Cuthbert Surf, LLC
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373
Recommended Action: Adopt Planning Commission Resolution No. 21-10 determining that the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit–Woolsey Fire No. 20-023 to allow for the construction of a 1,314 square foot addition; 6,783 square feet of new impermeable coverage; view permeable front yard fence (not to exceed six feet in height); rear and side yard retaining walls (not to exceed six feet in height); a new pool and spa with associated equipment; and installation of a new onsite wastewater treatment system (OWTS), as an addition to a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential–Two Acre zoning district at 30181 Cuthbert Road (Cuthbert Surf, LLC).
B.
Coastal Development Permit No. 17-088, Site Plan Review No. 19-030, Demolition Permit No. 19-023, and Code Violation No. 20-014 – An application for demolition of an existing residence and the construction of a new single-family residence and accessory development
Location: 6968 Dume Drive, not within the appealable coastal zone
APN: 4466-015-015
Owner: Highlands Investment Group LLC
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Continue this item to the March 1, 2021 Regular Planning Commission meeting per the applicant’s request.
C.
Coastal Development Permit No. 20-063 and Variance No. 20-043 – An application for Phase 2 of the Civic Center Wastewater Treatment Facility, including the location of a temporary construction trailer and other facilities at the plant site; new and modified collection and distribution pipelines; pump stations and other above-ground equipment; and related facilities, including a variance for new development within 100 feet of a stream/riparian environmentally sensitive habitat area
Locations: 24000 Civic Center Way, and various public streets and private street easements in the Civic Center, Malibu Colony and Serra Retreat areas, within the appealable coastal zone
APNs: 4458-028-900 and -901, 4458-001-002, 4452-009-001 and various others in Serra Retreat area
Owners: City of Malibu, Malibu Colony Association, Adamson Companies and various others in Serra Retreat area
Case Planner: Assistant Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 21-05 adopting Addendum No. 1 to the Certified Malibu Civic Center Wastewater Treatment Facility Project (CCWTF) Final Environmental Impact Report (SCH No. 2013111075) and approving Coastal Development Permit No. 20-063 for the construction of Phase 2 of the CCWTF, including the location of a temporary construction trailer and other facilities at the plant site; new and modified collection and distribution pipelines; pump stations and other above-ground equipment; and related facilities, including Variance No. 20-043 for new development within 100 feet of a stream/riparian environmentally sensitive habitat area (City of Malibu).
D.
Coastal Development Permit No. 14-072, Lot Line Adjustment No. 14-004, Lot Merger No. 17-007, Variance Nos. 17-050, 17-051, 18-001, 18-005, 18-006, and 18-015 – An application for a new single-family residence, associated development, lot merger, and lot line adjustment
Locations: 33398 and 33390 Pacific Coast Highway, within the appealable coastal zone
APNs: 4473-019-005 and 4473-019-006
Applicant/Owner: 180 PCH, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to the February 16, 2021 Regular Planning Commission meeting.
E.
Coastal Development Permit No. 14-073, Variance Nos. 18-002, 18-003, 18-004, 18-008, 18-009, and 18-010, and Minor Modification No. 18-001 – An application for a new single-family residence and associated development
Locations: 33386 Pacific Coast Highway, within the appealable coastal zone
Applicant/Owner: 180 PCH, LLC
APN: 4473-019-007
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to the February 16, 2021 Regular Planning Commission meeting.
6.
Old Business

None.

 
7.
New Business

None.

 
8.
Planning Commission Items

None.

 
Adjournment
 
Future Meetings
Tuesday, February 16, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, March 1, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, March 15, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD

 
Guide to Planning Commission Proceedings

As a result of the COVID-19 pandemic, the City is under a state of local emergency, as well as states of emergency that have been declared in the County of Los Angeles, state of California, and a federal emergency declared by the President of the United States.  At the direction of the Governor, starting March 19, 2020, the entire state is subject to stay-at-home orders. On March 21, the County of Los Angeles Public Health Officer issued a revised Safer at Home Order. These measures are imposed to reduce the risk of spreading COVID-19. To comply with these emergency measures, the Planning Commission meeting will be open and public but is being held via teleconference only. This way the public, staff, and Commission will not be physically in the same place. The City is endeavoring to employ technology that will allow the public to view the meeting live and participate.

Members of the public are encouraged to submit written correspondence to planningcommission@malibucity.org for any item on which they would like to comment.  Public participation through electronic or telephonic means will be allowed consistent with the following (details on how to participate telephonically or electronically will be available in an amended agenda at malibucity.org/agendacenter.)

The Oral Communication portion of the agenda is for members of the public to present items which are not listed on the agenda, but are under the subject matter jurisdiction of the Planning Commission.  No action may be taken under, except to direct staff, unless the Commission, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda.  Although no action may be taken, the Commission and staff will follow up at an appropriate time on those items needing response. Each speaker is limited to three (3) minutes.

Items in Consent Calendar Section A have already been considered by the Commission at a previous meeting where the public was invited to comment, after which a decision was made.  These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final.  Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

Items in Consent Calendar Section B have not been discussed previously by the Commission.  If discussion is desired, an item may be removed from the Consent Calendar for individual consideration.  Commissioners may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar.  Items excluded from the Consent Calendar will be taken up by the Commission following the action on the Consent Calendar.  The Commission first will take up the items for which public speaker requests have been submitted.  Public speakers shall follow the rules as set forth under Oral Communication.

For Public Hearings involving zoning matters, the appellant and applicant will be given 15 minutes each to present their position to the Planning Commission, including rebuttal time.  All other testimony shall follow the rules as set forth under Oral Communication.

Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken.  Each speaker is limited to three (3) minutes.
 
Items in New Business are items which are appearing for the first time for formal action. Each speaker is limited to three (3) minutes.

Planning Commission Items are items which individual members of the Planning Commission may bring up for action, to propose future agenda items, or to suggest future staff assignments.  No new items will be taken-up after 10:30 p.m.  Not later than 10:15 p.m. at each meeting, the Commission shall determine the disposition of its remaining agenda items. If the Commission determines that remaining agenda items must be continued to a subsequent regular meeting, the Commission shall immediately take action to schedule such meeting. Each meeting of the Planning Commission shall adjourn or be continued to a time and date certain before midnight of the night that meeting began.

Planning Commission meetings are aired live and replayed on City of Malibu Government Access Channel 3 and on the City’s website at www.malibucity.org.

Copies of the staff reports or other written documentation relating to each item listed above are available electronically from the office of the Planning Department via email request sent to psalazar@malibucity.org.

The City Hall telephone number is (310) 456-2489.  To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you.  In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy at (310) 456-2489, ext. 229.  Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II]. 

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting.  Dated this 22nd day of January 2021 at 3:30 p.m.
Kathleen Stecko, Administrative Assistant