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 March 19, 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)

Monday, April 5, 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
3.
Consent Calendar
 
A.
Previously Discussed Items
 
1.
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 (Continued from March 15, 2021)
Location: 3620 Noranda Lane, not within the appealable coastal zone
APN: 4473-026-002
Owner: 3620 Noranda Lane, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to the April 19, 2021 Regular Planning Commission meeting.
2.
De Minimis Waiver No. 20-002 — An application for a new onsite wastewater treatment system (Continued from March 15, 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: 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.
B.
New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the March 15, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
De Minimis Waiver No. 20-015 — An application for a De Minimis Waiver for the installation of a new onsite wastewater treatment system
Location: 6782 Dume Drive, not within the appealable coastal zone
APN: 4466-016-036
Owner: The 6782 Dume Drive Trust
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-015 to allow for the installation of a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
3.
De Minimis Waiver No. 20-029 — An application for a De Minimis Waiver for the installation of a new onsite wastewater treatment system
Location: 29685 Cuthbert Road, not within the appealable coastal zone
APN: 4469-008-008
Owner: Cuthbert Ranch, LLC
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-029 to allow for the installation of a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
4.
Extension of Coastal Development Permit No. 15-053 and Site Plan Review No. 15-041
Location: 5849 Murphy Way
APN: 4467-003-036
Owner: Malibu Green Holdings, LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Removed from the agenda. This item no longer requires Planning Commission action pursuant to Assembly Bill 1561.
5.
De Minimis Waiver No. 20-012 – An application for a De Minimis Waiver for the installation of a new onsite wastewater treatment system
Location: 5649 Calpine Drive, not within the appealable coastal zone
APN: 4467-026-006
Owner: Candiani Denim USA, Inc.
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-012 to allow for the installation of a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
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 (Continued from March 15, 2021)
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 19, 2021, Planning Commission meeting upon the applicant’s request to pursue redesign options.
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 (Continued from March 15, 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: Continue this item to April 19, 2021, Planning Commission meeting upon the applicant’s request to pursue redesign options.
C.
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 (Continued from March 15, 2021)
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 zoning district at 31736 Broad Beach Road (The Carvin Trust).
D.
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 (Continued from March 15, 2021)
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 (DP) 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).
E.
Coastal Development Permit No. 18-005 – An application for construction of a new single-family residence and associated development on Lot B (Continued from March 15, 2021)
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 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).
5.
New Public Hearings
 
A.
Conditional Use Permit Amendment No 19-004 – An application to amend Conditional Use Permit Amendment No. 15-001 for an increase in service area and to eliminate the condition prohibiting alcohol sales for off-site consumption
Location: 22235 Pacific Coast Highway
APN: 4451-008-004
Owner: Horizon LHW Asset Fund, LLC
Tenant: Tramonto Bistro
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373
Recommended Action: Adopt Planning Commission Resolution No. 21-32 determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit Amendment No. 19-004 amending Conditional Use Permit Amendment No. 15-001 to expand the existing dining room service area by 242-square feet for a total of 642- square feet, a front patio remodel without increasing seating, and eliminating the condition prohibiting alcohol sales for off-site consumption located in the Community Commercial zoning district at 22235 Pacific Coast Highway (Horizon LHW Asset Fund, LLC).
B.
Coastal Development Permit Amendment No. 20-018 - An application amending Coastal Development Permit No. 16-050 to allow a 217 square foot addition to a previously approved single-family residence
Location: 27218 Pacific Coast Highway, within the appealable coastal zone
APN: 4460-028-007
Owner: Willems Family Trust
Case Planner: Assistant Planner Eng, 456-2489, ext. 372
Recommended Action: Adopt Planning Commission Resolution No. 21-28, approving Coastal Development Permit Amendment No. 20-018 and amending Coastal Development Permit No. 16-050 to allow a 217 square foot addition to the previously approved single-family residence located in the Single-Family Medium Density Zoning District at 27218 Pacific Coast Highway (Willems Family Trust).
6.
Old Business
None.

 
7.
New Business
None.

 
8.
Planning Commission Items
None.

 
Adjournment
 
Future Meetings
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
Monday, June 7, 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.  
Kathleen Stecko, Administrative Assistant