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 January 29, 2021). 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)

Tuesday, February 16, 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.
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 February 1, 2021)
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. 273
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, 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 located in the Rural Residential-Five Acre zoning district at 5924 Zumirez Drive (Izad Family Trust).
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.
Extension of Coastal Development Permit No. 11-019 – A request to extend the Planning Commission's approval of an application for the construction of a new two-story, single-family residence and associated development
Location: 26714 Seagull Way
APN: 4460-022-033
Owner: Armitage Development Group, LLC
Case Planner: Associate Planner Thompson 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 21-18 granting a one-year extension of Coastal Development Permit No. 11-019, Variance No. 13-011, and Site Plan Review No. 11-008 for the construction of a new two-story, single-family residence and associated development located in the Single-Family Medium Density zoning district at 26714 Seagull Way (Armitage Development Group, LLC).
3.
Extension of Coastal Development Permit No. 08-008, Variance Nos. 08-002 and 08-003, and Coastal Development Permit Amendment No. 08-003 – A request to extend the Planning Commission’s approval of an application for the construction of a new single-family residence and associated development
Location: 6135 Murphy Way (formerly 5900 Ramirez Canyon Road)
APN: 4467-003-024
Owner: Mathias Emcke Trust
Case Planner: Assistant Planner Eng, 456-2489, ext. 372
Recommended Action: Adopt Planning Commission Resolution No. 21-16 granting a two-year extension of Coastal Development Permit No. 08-008, Variance Nos. 08-002 and 08-003, and Coastal Development Permit Amendment No., 08-003 to extend the Planning Commission’s approval of an application for the construction of a new single-family residence and associated development located in the Rural Residential-Five Acre zoning district at 6135 Murphy Way (Formerly 5900 Ramirez Canyon Road) (Matthias Emcke and Matthias EmckeTrust).
4.
Extension of Administrative Plan Review No. 16-020 And Variance No. 16-026 - A request to extend the Planning Commission's approval of an application for the construction of a new 400 square foot detached garage and new driveway and associated development
Location: 27495 Latigo Bay View Drive
APN: 4460-035-009
Owner: Dennis Wayne Revocable Trust
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
This item was previously noticed for this meeting and has been removed from the agenda due to the extension requiring the Planning Director’s decision.
5.
Extension of Coastal Development Permit No. 16-029, Variance No. 17-031, and Site Plan Review No. 17-012, Demolition Permit No. 17-007, and Coastal Development Permit Amendment No. 18-004 – A request to extend the Planning Commission’s approval of an application for the construction of a new single-family residence and associated development
Location: 31479 Pacific Coast Highway
APN: 4470-009-029
Owner: MPV Malibu, LLC
Case Planner: Assistant Planner Eng, 456-2489, ext. 372
Recommended Action: Adopt Planning Commission Resolution No. 21-17 granting a two-year extension of Coastal Development Permit No. 16-029, Variance No. 17-031, Site Plan Review No. 17-012, Demolition Permit No. 17-007, and Coastal Development Permit Amendment No. 18-004 to extend the Planning Commission’s approval of an application for the construction of a new 9,746 square foot, two-story, single-family residence and associated development located in the Rural Residential-Five Acre zoning district at 31479 Pacific Coast Highway (MPV Malibu, LLC).
6.
Extension of Coastal Development Permit No. 14-003, Variance Nos. 16-010 and 16-023, Minor Modification No. 15-016, and Offer-to-Dedicate No. 16-006 – A request to extend the Planning Commission’s approval for a new single-family beachfront residence and associated development
Location: 25306 Malibu Road
APN: 4459-016-013
Owner: 31438 Broad Beach Road, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-14, granting a one-year extension of Coastal Development Permit No. 14-003 for the construction of a new 5,094 square foot, two-story, single-family beachfront residence with an attached garage, decks, return walls, retaining walls, installation of a new onsite wastewater treatment system, and removal of existing timber walls; including Variance (VAR) No. 16-010 for the installation of a new bulkhead sited seaward of the shoreline protection device stringline, VAR No. 16-023 for construction on slopes steeper than 2.5 to 1, Minor Modification No. 15-016 for a reduced front yard setback, and Offer-to-Dedicate No. 16-006 for a lateral access easement across the property located in the Multi-Family Beachfront zoning district at 25306 Malibu Road (31438 Broad Beach Road, LLC).
7.
Extension of Coastal Development Permit No. 14-082 – A request to extend the Planning Commission’s approval of an application to construct a new one-story single-family residence and associated development
Location: 30385 Morning View Drive
APN: 4469-016-006
Owners: Greg and Mica Belzberg
Case Planner: Contract Planner Rudolph, 456-2489, ext. 250
Recommended Action: Adopt Planning Commission Resolution No. 21-13, granting a one-year extension of Coastal Development Permit No. 14-082 to allow construction of a new one-story 8,473 square foot single-family residence 18 feet in height that includes a basement, detached 891 square foot garage, one-story detached, 466 square foot guest house and 466 square foot pool house, swimming pools and spa, installation of a new onsite wastewater treatment system, tennis court; site development including retaining walls, water feature, hardscape, a driveway with a fire truck turnaround, two auto gates, and new landscaping, located in the Rural Residential-Two Acre zoning district at 30385 Morning View Drive (Belzberg).
8.
Administrative Coastal Development Permit 17-042 – An application to install a new water well for future domestic, irrigation, and fire protection uses on a vacant parcel
Location: 22281 Carbon Mesa Road, not within the appealable coastal zone APN: 4451-012-044
Owner: Map Properties, LLC
Case Planner: Associate Planner Brooks, 456-2489, ext. 276
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 17-042.
9.
De Minimis Waiver No. 20-002 — An application for a new onsite wastewater treatment system
Location: 28869 Selfridge Drive, not within the appealable coastal zone
APN: 4466-019-021
Owner: Rose Holdco, LLC
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-002 for a new onsite wastewater treatment system (OWTS) to replace an existing OWTS.
4.
Continued Public Hearings
 
A.
Coastal Development Permit No. 20-014 – An application for a new swimming pool and spa (Continued from January 19, 2021)
Location: 31100 Broad Beach Road, within the appealable coastal zone
APN: 4458-022-030
Owner: BH Broad Beach, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to the March 1, 2021, Regular Planning Commission meeting.
B.
Coastal Development Permit No. 14-072, Lot Merger No. 17-007, Lot Line Adjustment No. 14-004, 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 (Continued from February 1, 2021)
Locations: 33398 and 33390 Pacific Coast Highway, within the appealable coastal zone
APNs: 4473-019-005 and 4473-019-006
Owner: 180 PCH, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-07 denying Coastal Development Permit No. 14-072 to construct a new 2,342 square foot, two-story single-family residence, with a 483 square foot attached two-car garage, rooftop deck, swimming pool, spa and associated equipment, barbeque, outdoor fireplace, retaining walls, landscaping, hardscaping, grading, and construction of a new onsite wastewater treatment system and denying Variance (VAR) No. 17-050 for construction in excess of 18 feet in height, up to 47 feet for the single-family residence, and denying VAR No. 18-001 to allow the portions of the building in excess of 18 feet in height to exceed two-thirds the area below 18 feet in height located in the Rural Residential Two-Acre zoning district at 33398 Pacific Coast Highway (PCH) (180 PCH, LLC).
C.
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 (Continued from February 1, 2021)
Location: 33386 Pacific Coast Highway, within the appealable coastal zone
APN: 4473-019-007
Owner: 180 PCH, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-06 denying Coastal Development Permit No. 14-073 to construct a new 2,342-square foot, two-story, single-family residence, with a 483-square foot attached two-car garage, rooftop deck, swimming pool, spa and associated equipment, barbeque, outdoor fireplace, retaining walls, landscaping, hardscaping, grading, and installation of a new alternative onsite wastewater treatment system, and denying Variance (VAR) No. 18-002 for construction in excess of 18 feet in height, up to 47 feet for the single-family residence, and denying VAR No. 18-004 to allow the portions of the building in excess of 18 feet in height to exceed two-thirds the area below 18 feet in height located in the Rural Residential Two-Acre zoning district at 33386 Pacific Coast Highway (PCH) (180 PCH, LLC).
D.
Coastal Development Permit No. 20-018 - An application for a new vehicular and pedestrian access gate to the Sycamore Park neighborhood (Continued from February 1, 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 March 1, 2021 Regular Planning Commission meeting.
5.
New Public Hearings
 
A.
Coastal Development Permit No. 20-022 and Demolition Permit No. 21-001 – An application for a remodel and 46.6 square foot addition to a single-family home
Location: 30970 Broad Beach Road, within the appealable coastal zone
APN: 4470-014-004
Owner: Broad Beach BS Irrevocable Trust
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-19 determining the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit No. 20-022 to allow for a remodel and a 46.6 square foot addition to the existing single-family home including Demolition Permit No. 21-001 for 93.7 linear feet of exterior wall demolition, located in the Single Family–Medium Density zoning district at 30970 Broad Beach Road (Broad Beach BS Irrevocable Trust).
B.
Coastal Development Permit No. 17-075, Variance Nos. 17-024, 18-022, and 20-042 – An application for a new two-story single-family residence with attached two-car garage and associated development
Location: 18868 Pacific Coast Highway, within the appealable coastal zone
APN: 4466-015-015
Owner: Farshid Etaat
Case Planner: Contract Planner Rudolph, 456-2489, ext. 250
Recommended Action: Adopt Planning Commission Resolution No. 21-11 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-075 for the construction of a new 3,837 square-foot, two-story, single-family beachfront residence with attached garage, decks, retractable beach stairs, a new onsite wastewater treatment system, grading and retaining walls, hardscape, and new sea wall; including Variance (VAR) No. 17-024 for the single-family residence to extend seaward of the building stringline, VAR No. 18-022 for the deck to extend seaward of the deck stringline, and VAR No. 20-042 for a greater than 50 percent reduction of the front yard setback located in the Single-Family Medium Density zoning district at 18868 Pacific Coast Highway (Etaat).
C.
Coastal Development Permit No. 16-025, Variance Nos. 16-013 and 16-014, Site Plan Review Nos. 16-028 and 20-078 and Demolition Permit No. 19-047 – An application for the construction of a new two-story single-family residence, demolition of existing single-family residence, exterior façade remodel of existing guest house, and associated development
Location: 33603 Pacific Coast Highway, not within the appealable coastal zone
APN: 4473-002-002
Owner: Palms of Malibu Ranch, LLC
Case Planner: Assistant Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 21-15 denying Coastal Development Permit No. 16-025 for construction of a new 9,360.5-square foot, two-story single-family residence, including a 1,871.8-square foot subterranean garage, swimming pond, landscaping, hardscape, retaining walls, onsite wastewater treatment system, exterior façade remodel of existing guest house and associated development; including Variance (VAR) No. 16-013 to exceed the allowable grading, VAR No. 16-014 to exceed the allowable Total Development Square Footage, Site Plan Review (SPR) No. 16-028 for construction up to 28 feet for a pitched floor, SPR No. 20-078 for remedial grading and Demolition Permit No. 19-047 for the demolition of the existing single-family residence, garage and associated development, located in the Rural Residential-Five Acre zoning district at 33603 Pacific Coast Highway (Palms of Malibu Ranch, LLC).
6.
Old Business

None.

 
7.
New Business

None.

 
8.
Planning Commission Items

None.

 
Adjournment
 
Future Meetings
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
Monday, April 5, 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 5th day of February 2020 at 3:00 p.m.
Kathleen Stecko, Administrative Assistant