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 28, 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, July 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
 
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 June 7, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
De Minimis Waiver No. 21-008— An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 5841 Busch Drive, partially within the appealable coastal zone
APN: 4469-012-022
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 21-008 for a new onsite wastewater treatment system for a Woolsey affected parcel.
3.
De Minimis Waiver No. 21-013— An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 6100 Via Cabrillo Drive, not within the appealable coastal zone
APN: 4469-016-027
Case Planner: Planning Technician Carr, 456-2489, ext. 295
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 21-013 for a new onsite wastewater treatment system for a Woolsey affected parcel.
4.
Administrative Coastal Development Permit No. 20-054 – An application for the construction of a replacement water well on a property developed with a single-family residence
Location: 31534 Anacapa View Drive, not within the appealable coastal zone
APN: 4470-007-013
Owners: David and Alisha Hirsch
Case Planner: Planning Technician Allen, 456-2489, ext. 233
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 20-054.
5.
Administrative Coastal Development Permit No. 19-004 – An application for the construction of a new second unit, new onsite wastewater treatment system, and associated development, including a site plan review for a Fire Department access walkway on slopes steeper than 3 to 1, but less than 2.5 to 1
Location: 3343 Rambla Pacifico Street, not within the appealable coastal zone
APN: 4451-011-020
Owner: Lynn M Maccuish Trust
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 19-004.
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 June 21, 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 3,778 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. 21-002 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. 17-111 – An application for the interior and exterior remodel of an existing two-story single-family residence new swimming pool and associated development (Continued from June 7, 2021)
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).
C.
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 (Continued from June 7, 2021)
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).
5.
New Public Hearings
 
A.
Coastal Development Permit No. 21-027 and Temporary Use Permit No. 21-005 – An application for the 39th Annual Chili Cook-Off and Carnival, a four-day event, Labor Day weekend, and a one-day private fundraising event
Event Location: 23575 Civic Center Way, not within the appealable coastal zone
APN: 4458-022-907
Property Owner: City of Malibu
Applicant: The Boys and Girls Club of Malibu
Parking Locations: 23519 W. Civic Center Way (APN 4458-022-906)
23825 Stuart Ranch Road (APN 4458-021-901)
23805 Stuart Ranch Road (APN 4458-021-173)
3542 Coast View Drive (APN 4458-021-003)
3806 Cross Creek Road (APN 4452-011-035)
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-56 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 21-027 and Temporary Use Permit No. 21-005 to allow for the 39th Annual Chili Cook-Off and Carnival proposed to take place Friday, September 3, 2021, through Monday, September 6, 2021 (Labor Day Weekend) and a private fundraising event to take place Thursday, September 2, 2021, located in the Community Commercial zoning district at 23575 Civic Center Way (City of Malibu) and nearby offsite parking lots.
B.
Coastal Development Permit No. 21-008 – An application to construct median improvements to widen the outside shoulder for a distance of approximately two miles along Pacific Coast Highway between Webb Way and Puerco Canyon Road
Location: 24201.5 Pacific Coast Highway, approximately two miles along Pacific Coast Highway between Webb Way and Puerco Canyon Road, within the appealable coastal zone
Applicant: City of Malibu Public Works Department and Caltrans
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 21-57 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 21-008 to construct median improvements to widen the outside shoulder for a distance of approximately two miles along Pacific Coast Highway between Webb Way and Puerco Canyon Road located entirely within the California Department of Transportation (Caltrans) public right-of-way to better allow a combination of bicycle use and on-street parking (Caltrans).
6.
Old Business
None.

 
7.
New Business
None.

 
8.
Planning Commission Items
None.

 
Adjournment
 
Future Meetings
Monday, August 2, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, August 16, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Wednesday, September 8, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, September 20, 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 9th day of July 2021 at 10:00 a.m.
Kathleen Stecko, Administrative Assistant