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

Monday, June 7, 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
 
Future Planning Commission Meetings
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 17, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
De Minimis Waiver No. 19-014— An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 6711 Wandermere Road, not within the appealable coastal zone
APN: 4468-012-006
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 19-014 for a new onsite wastewater treatment system for a Woolsey affected parcel.
3.
De Minimis Waiver No. 21-003 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 6703 Dume Drive, not within the appealable coastal zone
APN: 4468-008-024
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 21-003 for a new onsite wastewater treatment system for a Woolsey affected parcel.
4.
De Minimis Waiver No. 21-001 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 5936 Filaree Heights, not within the appealable coastal zone
APN: 4469-013-023
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 21-001 for a new onsite wastewater treatment system for a Woolsey affected parcel.
5.
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 (Continued from May 17, 2021)
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 Revised Administrative Coastal Development Permit No. 18-060.
6.
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 (Continued from May 17, 2021)
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 Revised Administrative Coastal Development Permit No. 21-017.
4.
Continued Public Hearings
 
A.
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 (Continued from May 17, 2021)
Location: 6464 Busch Drive, within the appealable coastal zone
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
This hearing has been cancelled. A new location will be considered at a future Planning Commission meeting.
5.
New Public Hearings
 
A.
Coastal Development Permit No. 20-034 and Request for Reasonable Accommodation No. 21- 0001 – An application to allow a new 469 square foot attached accessory dwelling unit and additions and alterations to an existing one-story, single-family residence
Location: 6255 Paseo Canyon Road, not within the appealable coastal zone
APN: 4469-033-013
Owners: Elizabeth and Jason Riddick
Case Planner: Assistant Planner Eng, 456-2489, ext. 372

Recommended Action: Adopt Planning Commission Resolution No. 21-51 denying a Request for Reasonable Accommodation No. 21-001 pursuant to Local Coastal Program Local Implementation Plan Section (LIP) Section 13.30 to allow relief from the zoning provisions of the LIP, as they currently apply to an application for a new attached accessory dwelling unit and additions to an existing single-family residence; and denying Coastal Development Permit No. 20-034 which would allow the aforementioned development to encroach into the required rear and side yard setbacks and exceed the maximum allowed total development square footage and total impervious lot coverage for the parcel, located in the Single Family zoning district at 6255 Paseo Canyon Drive (Riddick).

 
B.
Conditional Use Permit Amendment No. 18-001 – An application to amend Conditional Use Permit 14-001 to relocate service area to the roofdeck, modify alcohol service, and extend the hours of operation for an existing restaurant use
Location: 22333 Pacific Coast Highway, Suite 150, within the appealable coastal zone
APN: 4452-024-005
Property Owner: KW/LF – Malibu Sands, LLC
Tenant: Nicolas Eatery
Case Planner: Associate Planner Brooks, 456-2489, ext. 276
Recommended Action: Adopt Planning Commission Resolution No. 21-44 determining the project is categorically exempt from the California Environmental Quality Act, approving Conditional Use Permit Amendment No. 18-001 to amend Conditional Use Permit No. 14-001 to relocate restaurant service area to the roof deck, modify the existing alcohol service, and extend the hours of operation for a previously approved restaurant use (currently Nicolas Eatery) in an existing commercial shopping center (Malibu Sands Center), and authorizing the Planning Director to submit a letter of public convenience or necessity located in the Community Commercial zoning district at 22333 Pacific Coast Highway, Suite 150, (KW/LF – Malibu Sands, LLC).
C.
Coastal Development Permit No. 17-086, Conditional Use Permit No. 21-001, General Plan Map Amendment No. 17-002, Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, Development Agreement No. 21-001, Lot Merger No. 20-002, Demolition Permit No. 20-19, Initial Study No. 21-001, and Mitigated Negative Declaration No. 21-001 – An application for the conversion of an existing office building and gas station into a hotel, including new development
Locations: 22729 and 22741 Pacific Coast Highway, within the appealable coastal zone
APNs: 4452 022-010 and 4452-022-017
Owners: Grey Granite, LLC; Las Tunas Beach, LLC; and Sea View Terrace, LLC
Case Planner: Contract Planner Rudolph, 456-2489, ext. 250
Recommended Action: Continue this item to the June 21, 2021 Regular Planning Commission meeting.
D.
Administrative Plan Review No. 21-033 and Conditional Use Permit No. 20-005 – An application for an administrative plan review for an interior and exterior remodel of an existing commercial tenant space and 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
Location: 23841 Malibu Road, Unit 21
APN: 4458-019-010
Property Owner: KW Malibu Colony LLC
Case Planner: Assistant Planner Eng, 456-2489, ext. 372
Recommended Action: Adopt Planning Commission Resolution No. 21-41 determining the project is categorically exempt from the California Environmental Quality Act and approving Administrative Plan Review No. 21-033 for an interior and exterior remodel of the building and Conditional Use Permit No. 20-005 to allow the operation of a full-service restaurant with the sale of beer and wine for onsite consumption at 23841 Malibu Road in the Community Commercial zoning district, and authorizing the Planning Director to submit a letter of public convenience or necessity (KW Malibu Colony LLC).
E.
Coastal Development Permit No. 16-066, Offer-to-Dedicate No. 21-003, and Variance No. 18-036 – An application for a new two-story, beachfront single-family residence and associated development
Location: 24266 Malibu Road, within the appealable coastal zone
APN: 4458-011-010
Owner: Malibu Road #3, LLC
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373
Recommended Action: Adopt Planning Commission Resolution No. 21-46 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 16-066 for the construction of a new 4,722 square foot, two-story, beachfront single-family residence with attached two-car garage, swimming pool, spa, decks, seawall, 18-foot wide view corridor and fencing, installation of a new onsite wastewater treatment system, an Offer-to-Dedicate for public lateral access on the beach, with a variance for construction on steep slopes and removal of wood retaining walls located on the shore in the Single-Family Medium zoning district at 24266 Malibu Road (Malibu Road #3, LLC).
F.
Coastal Development Permit No. 17-111 – An application for the interior and exterior remodel of an existing two-story single-family residence new swimming pool and associated development
Location: 27493 Calicut Road, not within the appealable coastal zone
APN: 4460-034-009
Owner: 27493 Calicut LLC
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 21-50 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-111 to allow an interior and less than 10 percent exterior remodel of an existing two-story, single-family residence, new swimming pool and spa, relocate garage doors and new hardscape, located in the Rural Residential–Twenty Acre zoning district at 27493 Calicut Road (27493 Calicut LLC).
G.
Coastal Development Permit No. 16-012 and Lot Merger No. 20-001 – An application to merge two lots for a new single-family residence, basement, swimming pool, grading, onsite wastewater treatment system, and associated development
Location: 31573 Sea Level Drive, within the appealable coastal zone
APN: 4470-022-041
Owner: Keane Real Estate Holdings I LLC
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 21-24 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 16-012 to construct a new 2,684 square foot, single-story (not to exceed 18-feet in height with a flat roof), single-family residence with a 432 square foot attached garage, including a 997 square foot basement, swimming pool, grading, onsite wastewater treatment system, and associated development; including Lot Merger No. 20-001 for a lot merger of two lots located in the Single-Family Medium zoning district at 31573 Sea Level Drive (Keane Real Estate Holdings I LLC).
H.
Wireless Communications Facility No. 20-010, Coastal Development Permit No. 20-028, Variance No. 20-017, and Site Plan Review No. 20-041 – An application for an upgraded wireless communications facility on a new replacement wooden utility pole in the public right-of-way
Location: 31557.5 Pacific Coast Highway, not within the appealable coastal zone
Nearest APN: 4470-008-002
Geo-coordinates: 34°02'12.63"N, 118°51'43.45"W
Applicant: Motive 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. 21-48 determining the project is categorically exempt from the California Environmental Quality Act, and approving Wireless Communications Facility No. 20-010 and Coastal Development Permit No. 20-028 for Verizon Wireless to install two replacement wireless communications facility antennas at a height of 34 feet, 9 inches and electrical support equipment mounted on a replacement wooden utility pole, including Variance No. 20-017 to permit an upgraded wireless facility mounted over 28 feet in height and Site Plan Review No. 20-041 to install and operate a wireless communications facility within the public right-of-way located at 31557.5 Pacific Coast Highway (Verizon Wireless)
I.
Wireless Communications Facility No. 20-011, Coastal Development Permit No. 20-029, Variance No. 20-018, and Site Plan Review No. 20-040 – An application for an upgraded wireless communications facility on a new replacement wooden utility pole in the public right-of-way
Location: 6213.5 Kanan Dume Road, not within the appealable coastal zone
Nearest APN: 4467-017-014
Geo-coordinates: 34°01'34.31"N, 118°48'03.57"W
Applicant: Motive for Verizon Wireless
Owner: City of Malibu Public Right-of-Way
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 21-49 determining the project is categorically exempt from the California Environmental Quality Act, and approving Wireless Communications Facility No. 20-011 and Coastal Development Permit No. 20-029 for Verizon Wireless to install replacement wireless telecommunications facility antennas at a height of 34 feet, 9 inches, electrical support equipment mounted on a 48-foot tall replacement wooden utility pole and a ground-mounted backup battery unit, including Variance No. 20-018 to permit an upgraded wireless communications facility mounted over 28 feet in height and Site Plan Review No. 20-040 to install and operate a wireless communications facility within the public right-of-way located at 6213.5 Kanan Dume Road (Verizon Wireless)
J.
6.
Old Business
None.
 
7.
New Business
None.
 
8.
Planning Commission Items
None.
 
Adjournment
 
Future Meetings
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
Monday, August 2, 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 4th day of June 2021 at 3:00 p.m.
Patricia Salazar, Senior Administrative Analyst