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 February 18, 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.

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

Monday, March 15, 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
 
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 inquiries
Consent Calendar
 
A.
Previously Discussed Items
 
1.
Minute Order: De Minimis Waiver No. 20-002 for 28869 Selfridge Drive. Correct error in de minimis waiver stating that the existing onsite wastewater treatment system was damaged by the Woolsey Fire. No impact to required findings for De Minimis Waiver No. 20-002 (Continued from February 16, 2021)
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: Adopt by Minute Order correction to De Minimis Waiver No. 20-002 stating that the existing septic tank was damaged by the Woolsey Fire. No impact to required findings for De Minimis Waiver No. 20-002.
B.
New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the March 1, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
De Minimis Waiver No. 20-022 — An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system
Location: 6536 Dume Drive, not within the appealable coastal zone
APN: 4466-021-017
Owners: James A. Reeder, Jr. and Eric Dale Nevil
Case Planner: Planning Technician Carr, 456-2489, ext. 295
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-022 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
3.
Extension of Coastal Development Permit No. 15-053 and Site Plan Review No. 15-041 – A request to extend the City Council’s approval for a new single-family residence and associated development
Location: 5849 Murphy Way
APN: 4467-003-036
Owner: Malibu Green Holdings, LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Continue this item to the April 5, 2021 Regular Planning Commission meeting.
4.
Continued Public Hearings
 
A.
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
Location: 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: Continue this item to April 5, 2021, Planning Commission meeting upon the applicant’s request.
B.
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
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: Continue this item to April 5, 2021, Planning Commission meeting upon the applicant’s request.
C.
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 (Continued from March 1, 2021)
Location: 18868 Pacific Coast Highway, within the appealable coastal zone
APN: 4449-001-023
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 (SFM) zoning district at 18868 Pacific Coast Highway (Etaat).
D.
Appeal No. 21-001 - Appeal of Planning Director’s approval of Site Plan Review No. 20-076 for an after-the-fact site plan review to allow for construction over 18 feet in height at the rear portion of a previously approved 6,752-square foot single-family residence that was destroyed in the 2018 Woolsey Fire (Continued from March 1, 2021)
Location: 30180 Cuthbert Road, not within the appealable coastal zone
APN: 4469-044-002
Owners: Sheldon Ira and Emily Joan Lodmer
Appellant: Gus Spoliansky
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action:  Adopt Planning Commission Resolution No. 21-31, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 21-001 and approving Site Plan Review No. 20-076 for an after-the-fact site plan review to allow for construction over 18 feet in height, not to exceed 22 feet and six inches for a pitched roof at the rear portion of the residence for a previously approved 6,752-square foot single-family residence that was destroyed in the November 2018 Woolsey Fire that was approved under Planning Verification-Woolsey Fire No. 20-045 located in the Rural Residential-Two Acre zoning district at 30180 Cuthbert Road (Sheldon Ira and Emily Joan Lodmer).
E.
Coastal Development Permit No. 20-014 – An application for a new swimming pool and spa (continued from March 1, 2021)
Location: 31100 Broad Beach Road, within the appealable coastal
APN: 4470-015-004
Owner: BH Broad Beach, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-03 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 20-014 to construct a new beachfront swimming pool and spa, baja shelf, with associated pool equipment on a residentially developed parcel located in the Single-Family Medium Density zoning district and Trancas Overlay District at 31100 Broad Beach Road (BH Broad Beach, LLC).
F.
Coastal Development Permit No. 20-018 - An application for a new vehicular and pedestrian access gate to the Sycamore Park neighborhood (Continued from March 1, 2021)
Location: 6480 Via Escondido Drive, not within the appealable coastal zone
APN: 4460-009-003
Owner: Highlands Investment Group LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 482
Recommended Action: Continue this item to the May 3, 2021, Regular Planning Commission.
5.
New Public Hearings
 
A.
Local Coastal Program Amendment No. 20-001 - An Amendment to the Malibu Local Coastal Program Sign Regulations
Applicant: City of Malibu
Location: Citywide
Recommended Action: Adopt Planning Commission Resolution No. 21-22 (Attachment 1) recommending that the City Council approve Local Coastal Program Amendment (LCPA) No. 20-001, which amends the Maliibu Local Coastal Program (LCP) sign regulations, specifically, sections 3.15.3(X) and 3.15.4(C) of the LCP Local Implementation Plan (LIP) and section 2.81 of the LCP Land Use Plan (LUP).
B.
Coastal Development Permit No. 19-074 and Site Plan Review No. 19-107 – An application for the construction of a new swimming pool and spa with a pile foundation, habitable rooms below, grading, and hardscape
Location: 6015 Murphy Way, not within the appealable coastal zone
APN: 4467-004-034
Owner: Marc Toberoff
Case Planner: Associate Planner Kendall, 456-2489, ext. 301
Recommended Action: Adopt Planning Commission Resolution No. 21-23 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-074 for the construction of a new 942 square foot infinity edge swimming pool and spa with a storage, recreation, and equipment rooms underneath, grading, railroad tie stairs, and a 220 square foot patio at a property already developed with an existing single-family residence; including Site Plan Review No. 19-107 for construction on slopes between 3 to 1 and 2.5 to 1, located in the Rural Residential, 10-Acre zoning district at 6015 Murphy Way (Toberoff).
C.
Coastal Development Permit No. 17-104, Variance Nos. 19-035,19-036 and Minor Modification No. 20-012 – An application a new single-family residence and exterior site improvements
Location: 3620 Noranda Lane, not within the appealable coastal zone
APN: 4473-026-002
Owner: 3620 Noranda Lane,
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-30 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-104, Variance (VAR) No. 19-035, VAR No. 20-036, and Minor Modification No. 20-012 to allow for a 5,285-square foot single-family residence that includes a 2,594-square foot basement including a subterranean garage, for a total development square footage of 6,082-square feet, a new onsite wastewater treatment system, exterior site improvements including a new swimming pool, spa, deck, landscape, a total of 6,330-square feet of impermeable coverage, and 432 cubic yards of non-exempt grading; including a variance to allow for development within the required Environmental Sensitive Habitat Area buffer, a variance to allow for construction on slopes steeper than 2.5 to 1, and a minor modification for the reduction of the required front yard setback by up to 50 percent located in the Rural Residential-Five Acre zoning district at 3620 Noranda Lane (3620 Noranda Lane, LLC).
D.
Coastal Development Permit No. 19-067, Site Plan Review No. 19-083 and Minor Modification No. 19-019 – An application for an addition and new basement to an existing single-family residence resulting in a replacement structure, and construction of a detached two-story accessory structure and associated development
Location: 28944 Grayfox Street, within the appealable coastal zone
APN: 4466-011-013
Owner: Campground Lane Realty, L.L.C.
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 21-29 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-067 to allow an interior and exterior remodel, a 2,032 square foot single-story addition and a new 1,207 square foot basement resulting in the replacement of the existing single-family residence, a new two-story 1,170.5 square foot detached structure consisting of a 714.2 square foot three-car garage with a 456.3 square foot second unit above, new swimming pool, a 672.2 square foot cabana with a 220 square foot open air trellis and associated development, including Site Plan Review No. 19-083 for construction up to 24 feet in height to allow for a pitched roof and Minor Modification No. 19-019 for a 50 percent reduction of the required front yard setback located in the single-family residence as is, located in the Rural Residential–One Acre zoning district at 28944 Grayfox Street (Campground Lane Realty, L.L.C.).
E.
Coastal Development Permit No. 17-053, Lot Merger No. 17-004, Site Plan Review No. 16-074, Minor Modification No. 17-075 and Demolition Permit No. 20-014 – An application to merge two lots, interior and exterior remodel, additions and partial demolition of an existing two-story single-family residence and attached accessory structure with second floor guest house, new basement and other associated development
Location: 31736 Broad Beach Road, within the appealable coastal zone
APNs: 4470-024-061 and 4470-024-062
Owner: The Carvin Trust
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 21-27 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-053, Lot Merger No. 17-004 and Demolition Permit No. 20-014 for a lot merger of two lots, interior and exterior remodel of an existing two-story, bluff-top single-family residence and attached accessory building with a second floor guest house, new 995 square foot basement and underground tunnel connecting the main residence to the accessory building, partial demolition and additions throughout the building for a net increase of 262 square feet, new entry gates, bocce court, landscaping, driveway, hardscape, trellis covers, outdoor barbeque and other associated development; including Minor Modification No. 17-075 for the replacement garage and new elevator to have a reduced side yard setback, and Site Plan Review No. 16-074 for development over 18 feet in height located in the Single-Family Medium Density zoning district at 31736 Broad Beach Road (The Carvin Trust).
F.
Coastal Development Permit No. 18-004, Tentative Parcel Map No. 18-001, and Demolition Permit No. 18-006 – An application for a tentative parcel map to subdivide a parcel into two lots, and construct a new single-family residence and associated development on Lot A
Location: 29200 Larkspur Lane, within the appealable coastal zone
APN: 4468-008-001
Owner: 29200 Larkspur, LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 21-25 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 18-004 for the construction of a new 3,870 square foot, one-story single-family residence plus an attached 634 square foot two-car garage, roof top deck with railing, up to 18 feet in height, 1,075 square foot basement, 284 square foot studio, 1,410 square feet of covered area, swimming pool, deck, hardscape, grading and landscape, and installation of a new onsite wastewater treatment system; including Tentative Parcel Map No. 18-001 to subdivide an existing 3.57-acre legal lot into two lots, and Demolition Permit No. 18-006 to demolish an existing residence and detached garage, located in the Rural Residential–One Acre zoning district at 29200 Larkspur Lane (29200 Larkspur LLC).
G.
Coastal Development Permit No. 18-005 – An application for construction of a new single-family residence and associated development on Lot B
Location: 29200 Larkspur Lane, within the appealable coastal zone
APN: 4468-008-001
Owner: 29200 Larkspur, LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 21-26 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 18-005 for the construction of a new 3,459 square foot, one-story single-family residence plus an attached 781 square foot three-car garage, roof top deck with railing, up to 16 feet, 8 inches in height, 996 square foot basement, 1,250 square feet of covered area, swimming pool, ground floor deck, hardscape, grading and landscape, and installation of a new onsite wastewater treatment system located in the Rural Residential–One Acre zoning district at 29200 Larkspur Lane (29200 Larkspur LLC).
6.
Old Business>

None.

 
7.
New Business

None.

 
8.
Planning Commission Items

None.

 
Adjournment
 
Future Meetings
Monday, April 5, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, April 19, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, May 3, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, May 17, 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 10th day of March 2021 at 4:30 p.m.
Kathleen Stecko, Administrative Assistant