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 April 2, 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 19, 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
 
1
Ceremonials / Presentations
 
2.
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 and 19-036, and Minor Modification No. 20-012 – An application a new single-family residence and exterior site improvements (Continued from April 5, 2021)
Location: 3620 Noranda Lane
APN: 4473-026-002
Owner: 3620 Noranda Lane, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-32 determining the project is categorically exempt from the California Environmental Quality Act, and denying 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).
B.
New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the April 5, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
De Minimis Waiver No. 20-008 — An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system
Location: 34035 Pacific Coast Highway, not within the appealable coastal zone
APN: 4473-027-004
Owner: Regina Tenzer, Tenzer Sprinkling Trust
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-008 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
3.
De Minimis Waiver No. 20-014 — An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system
Location: 5923 Cavalleri Road, not within the appealable coastal zone
APN: 4467-019-017
Owner: Victor Lobl
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-014 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
4.
De Minimis Waiver No. 20-016 — An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system
Location: 29841 Cuthbert Road, not within the appealable coastal zone
APN: 4469-008-016
Owner: Poptsis Trust
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-016 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
5.
De Minimis Waiver No. 21-007 — An application for a De Minimis Waiver for the installation of a new onsite wastewater treatment system
Location: 5916 Bonsall Drive, not within the appealable coastal zone
APN: 4467-023-025
Owner: 5916 Bonsall LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 21-007 to allow for the installation of a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
6.
De Minimis Waiver No. 21-025 – An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system
Location: 5917 Busch Drive, not within the appealable coastal zone
APN: 4469-011-008
Owners: Gregory Phillippe Lefevre and Geraldine Chollet
Case Planner: Planning Technician Carr, 456-2489, ext. 295
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 21-007 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
7.
De Minimis Waiver No. 21-010 — An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 5920 Bonsall Drive, not within the appealable coastal zone
APN: 4467-023-041
Owner: 5920 Bonsall LLC
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373
Recommended Action: Receive Planning Director’s report on De Mimimis Waiver No. 21-010 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. 17-075, Variance Nos. 17-024, 18-022 and 20-042, and Offer-to-Dedicate No. 20-002 – An application for a new two-story single-family residence with attached two-car garage and associated development (Continued from March 15, 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, onsite wastewater treatment system, grading, retaining walls, hardscape, and seawall; including Variance (VAR) No. 17-024 for the single-family residence to extend seaward of the building stringline, VAR No. 18-022 for the first and second floor decks to extend seaward of the deck stringline, and VAR No. 20-042 for a greater than 50 percent reduction of the front yard setback, and Offer-to-Dedicate No. 20-002 for a lateral access easement across the property located in the Single-Family Medium Density zoning district at 18868 Pacific Coast Highway (Etaat).
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 April 5, 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 May 3, 2021, Planning Commission meeting upon the applicant’s request to pursue redesign options.
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 April 5, 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 May 3, 2021, Planning Commission meeting upon the applicant’s request to pursue redesign options.
5.
New Public Hearings
 
A.
Administrative Plan Review Permit No. 19-001, Variance Review No. 20-007, and Demolition Permit No. 19-014 – An application for an addition, beachfront deck extension, and an interior and exterior remodel of an existing beachfront, single-family residence and associated development
Location: 21314 Pacific Coast Highway, within the appealable coastal zone
APN: 4451-001-018
Owners: Brook and Anna Lenfest
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 21-34 determining the project is categorically exempt from the California Environmental Quality Act, and approving Administrative Plan Review No. 19-001 to allow for a 50 square foot addition and an interior and exterior remodel of an existing 3,531 square foot two-story, beachfront single-family residence, including Variance No. 20-007 to allow for a modification of the required deck stringline to allow for 128 square foot deck extensions to the first- and second-floor decks, and Demolition Permit No. 19-014 for the demolition of 187-feet, 7-inchs of exterior walls located in the Single-Family Medium zoning district at 21314 Pacific Coast Highway (Lenfest).
B.
Outdoor Lighting Review No. 20-001, Outdoor Lighting Review Deviation No. 21-002 – An application for new exterior lighting to meet the requirements of the Dark Sky Ordinance
Location: 23387 Pacific Coast Highway
APN: 4452-011-033
Owner: First Oaks Oil LLC
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 21-35 determining the project is categorically exempt from the California Environmental Quality Act, and approving Outdoor Lighting Review No. 20-001 to replace 51 exterior light fixtures including Outdoor Lighting Review Deviation No. 21-002 to allow light trespass onto adjacent parcels over the maximum allowable 0.25 foot-candles, located in the Commercial Visitor Serving-One zoning district at 23387 Pacific Coast Highway (First Oaks Oil LLC).
C.
Outdoor Lighting Review No. 20-004, Outdoor Lighting Review Deviation No. 21-001 – An application for new exterior lighting to meet the requirements of the Dark Sky Ordinance
Location: 29145 Heathercliff Road, not within the appealable coastal zone
APN: 4468-010-014
Owner: Thrifty Oil Company
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 21-36 determining the project is categorically exempt from the California Environmental Quality Act, and approving Outdoor Lighting Review No. 20-004 to replace 32 exterior light fixtures including Outdoor Lighting Review Deviation No. 21-001 to allow light trespass onto adjacent parcels over the maximum allowable 0.25 foot-candles, located in the Community Commercial zoning district at 29145 Heathercliff Road (Thrifty Oil Company).
6.
Old Business
None.

 
7.
New Business
None.

 
8.
Planning Commission Items
None.

 
Adjournment
 
Future Meetings
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
Monday, June 21, 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