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 May 5, 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, May 17, 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 inquiries
Consent Calendar
 
A.
Previously Discussed Items
None.

 
B.
New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the May 3, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
De Minimis Waiver No. 20-033 — An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system
Location: 6621 Wandermere Road, not within the appealable coastal zone
APN: 4468-012-013
Owner: Basso Revocable Trust
Case Planner: Planning Technician Carr, 456-2489, ext. 295
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-033 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
3.
De Minimis Waiver No. 20-020 — An application for a De Minimis Waiver for the installation of a replacement onsite wastewater treatment system
Location: 5927 Busch Drive, not within the appealable coastal zone
APN: 4469-012-007
Owner: The Lisa Nugent Living Trust
Case Planner: Planning Technician Carr, 456-2489, ext. 295
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-020 to allow for the installation of a replacement onsite wastewater treatment system for a Woolsey Fire affected parcel.
4.
Administrative Coastal Development Woolsey Fire No. 21-017 – to install a new onsite wastewater treatment system (OWTS) to replace the existing OWTS serving an existing single-family residence on a Woolsey Fire affected parcel
Location: 6749 Wandermere Road, not within the appealable coastal zone
APN: 4468-012-003
Owner: Jamie Ottilie
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 21-017.
5.
Administrative Coastal Development Permit Amendment No. 18-001 – An application to amend Administrative Coastal Development Permit No. 07-070 to construct a new detached 670 square foot accessory structure, not to exceed 18 feet in height
Location: 33363 Pacific Coast Highway, not within the appealable coastal zone
APN: 4473-003-018
Owner: Frederick Roberts
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 Amendment No. 18-001.
6.
Administrative Coastal Development Permit No. 18-060 – An application for an addition to the existing single-family residence, remodel of the guest house, replacement of the existing onsite wastewater treatment system, and other associated development, including a site plan review for construction of the addition to exceed 18 feet in height and a demolition permit
Location: 22251 Carbon Mesa Road, not within the appealable coastal zone
APN: 4451-012-021
Owner: CMR 22251 LLC
Case Planner: Contract Planner Rudolph, 456-2489, ext. 250
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 18-060.
4.
Continued Public Hearings
 
A.
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 (Continued from April 19, 2021)
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: This item is to be continued to a date uncertain as applicant and staff try to resolve public comment issues.
B.
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 (Continued from April 19, 2021)
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: This item is to be continued to a date uncertain as applicant and staff try to resolve public comment issues.
C.
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 May 3, 2021)
Location: 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 a date uncertain.
D.
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 May 3, 2021)
Location: 33386 Pacific Coast Highway, within the appealable coastal zone
APN: 4473-019-007
Applicant / Owner: 180 PCH, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to a date uncertain.
5.
New Public Hearings
 
A.
Wireless Communications Facility No. 18-008, Coastal Development Permit No. 18-032, Variance No. 18-039, and Site Plan Review No. 18-034 – An application for a new wireless communications facility on top of a replacement streetlight pole in the public right-of-way including a backup power battery unit
Location: 22651.5 Pacific Coast Highway, within the appealable coastal zone
Nearest APN: 4452-022-005
Applicant: Eukon Group for Verizon Wireless
Owner: California Department of Transportation Public Right-of-Way
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 21-40 determining the project is categorically exempt from the California Environmental Quality Act, and approving Wireless Communications Facility No. 18-008 and Coastal Development Permit No. 18-032 for Verizon Wireless to install an omnidirectional canister antenna on top of a replacement streetlight pole reaching a maximum height of 32 feet, 3 inches and electrical support equipment, including Variance No. 18-039 to permit a streetlight pole over 28 feet in height and Site Plan Review No. 18-034 to install and operate a wireless communications facility within the public right-of-way located at 22651.5 Pacific Coast Highway.
B.
Coastal Development Permit Amendment No. 20-018 - An application amending Coastal Development Permit No. 16-050 to allow a 312 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: Herve and Solange 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 312 square foot addition to the previously approved single-family residence located in the Single-Family Medium Density Zoning District at 27218 Pacific Coast Highway (Herve and Solange Willems Family Trust).
C.
Conditional Use Permit No. 20-005 – An application for a conditional use permit to allow the operation of a new alcohol-serving restaurant in an existing commercial tenant space formerly occupied by a restaurant; the project includes an interior and exterior remodel, including the replacement of a non-conforming storage room located within the rear setback with a new open air outdoor dining space within the same footprint and building envelope; no new building square footage is proposed
Applicant: KTGY Architecture and Planning
Property Owner: KW Malibu Colony, LLC
Location: 23841 Malibu Road, Unit 21
APN: 4458-019-010
Case Planner: Assistant Planner Eng, 456-2489, ext. 372
Recommended Action: Continue this item to the June 7, 2021 Planning Commission meeting at staff’s request in order to re-notice the project to include an application for administrative plan review in the project scope.
D.
Conditional Use Permit Amendment No 21-001 – An application to amend Conditional Use Permit No 09-003 to allow off-site parking at a City-owned vacant parcel (also known as the Chili Cook-off Site) for the Malibu Farmers Market
Location: 23575 Civic Center Way, not within the appealable coastal zone
APN: 4458-022-907
Owner: City of Malibu
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 21-11 determining the project is categorically exempt from the California Environmental Quality Act and approving Conditional Use Permit Amendment No. 21-001 amending Conditional Use Permit No. 09-003 to allow off-site parking at 23575 Civic Center Way, a City-owned vacant parcel (also known as the Chili Cook-off Site) for the Malibu Farmers Market. The Malibu Farmers Market operations will remain at 23525 Civic Center Way located in the Institutional zoning district (City of Malibu).
E.
Coastal Development Permit No. 17-083, Site Plan Review No. 17-051, Minor Modification No. 17-017 and Demolition Permit No. 17-029 – An application to demolish the existing single-family residence, and construction of a new two-story single-family residence and associated development
Location: 7247 Birdview Avenue, within the appealable coastal zone
APN: 4468-019-005
Owner: Westward Beach Partners LLC
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Continue this item to a date uncertain to allow the applicant time to redesign due to an existing Primary View Determination.
F.
Coastal Development Permit No. 18-013, Variance No. 19-039, and Site Plan Review No. 19-091 – An application for a new single-family residence with second unit and associated development
Location: 6361 Sea Star Drive, not within the appealable coastal zone
APN: 4469-047-001
Owner: Sea Star One, LLC
Case Planner: Associate Planner Kendall, 456-2489, ext. 301
Recommended Action: Adopt Planning Commission Resolution No. 21-43 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 18-013 to allow for the construction of a new 8,164 square-foot, maximum 18 feet tall, single-family residence, including a 995 square-foot garage, 3,770 square-foot basement, and attached 881 square-foot second unit, 1,067 square-foot swimming pool and spa, landscape, hardscape, and retaining walls; grading; and installation of a new onsite wastewater treatment system, including Variance No. 19-039 for the proposed fuel modification to extend into Environmentally Sensitive Habitat Area and Site Plan Review No. 19-091 for construction on slopes between 3 to 1 and 2.5 to 1 at a vacant lot located in the Rural Residential–Two Acre zoning district at 6361 Sea Star Drive (Sea Star One, LLC).
G.
Coastal Development Permit No. 21-015 and Conditional Use Permit No. 21-004 – An application to allow minor surface grading to clear vegetation, installation of temporary protective drift fencing to protect Environmentally Sensitive Habitat Area, and placement of other temporary structures, and to permit the operation of a temporary tow yard on a vacant lot in the Institutional zoning district
Location: 6464 Busch Drive
APN: 4467-029-900
Owner: Los Angeles County Department of Beaches and Harbors
Applicant: Sierra Towing (Under contract with Los Angeles Sheriff Department)
Case Planner: Associate Planner Kendall, 456-2489, ext. 301
Recommended Action:  Continue this item to the June 7, 2021 Planning Commission Meeting in order to continue discussions with the Los Angeles County Department of Beaches and Harbors
6.
Old Business
None.

 
7.
New Business
None.

 
8.
Planning Commission Items
None.

 
Adjournment
 
Future Meetings
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
Tuesday, July 6, 2021 CANCELLED
Monday, July 19, 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 May 2021 at 4:00 p.m.
Kathleen Stecko, Administrative Assistant