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 July 22, 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, August 2, 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
Consent Calendar
 
A.
Previously Discussed Items
 
1.
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 July 19, 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 he California Environmental Quality Act does not apply to the project and denying 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.
New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the June 21, 2021 Regular Planning Commission meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
2.
De Minimis Waiver No. 21-005— An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 6603 Dume Drive, not within the appealable coastal zone
APN: 4468-009-012
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 21-005 for a new onsite wastewater treatment system for a Woolsey affected parcel.
3.
De Minimis Waiver No. 20-032 — An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 31113 Bailard Road, not within the appealable coastal zone
APN: 4470-011-038
Case Planner: Associate Planner Murillo, 456-2489, ext. 353
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-032 for a new onsite wastewater treatment system for a Woolsey affected parcel.
4.
De Minimis Waiver No. 20-024 — An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 29257 Bluewater Road, not within the appealable coastal zone
APN: 4468-007-013
Case Planner: Planning Technician Carr, 456-2489, ext. 295
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-024 for a new onsite wastewater treatment system for a Woolsey affected parcel.
4.
Continued Public Hearings
 
A.
Malibu Country Inn and Restaurant Project - Coastal Development Permit No. 17-089, General Plan Map Amendment No. 21-002, Local Coastal Program Amendment No. 17-004, Zoning Map Amendment No. 17-005, Lot Line Adjustment No. 17-002, Conditional Use Permit No. 17-011, Variance Nos. 18-038, 20-034 and 21-010, Site Plan Review No. 19-008, Minor Modification No. 19-007, Demolition Permit No. 20-026, and Code Violation No. 17-011 – An application to replace the existing restaurant, lot line adjustment to expand the lot into the adjacent mobile home park and after-the-fact consideration of unpermitted restaurant expansion and ground-floor decking (Continued from June 21, 2021)
Locations: 6506 Westward Beach Road, 29500 Heathercliff Road and various addresses in the Point Dume Club mobile home park, within the appealable coastal zone
APNs: 4468-013-012, 4468-013-011 and various APNs in the Point Dume Club mobile home park
Owners: Malibu Country Inn, Corp and Corp, and Point Dume, LTD
Case Planner: Principal Planner Fernandez 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 21-54 recommending the City Council find that the project and proposed map amendments are exempt from the California Environmental Quality and Act and approves Coastal Development Permit No. 17-089, Lot Line Adjustment No. 17-002, Demolition Permit No. 20-026, General Plan Map Amendment No. 21-002, Zone Map Amendment No. 17-011 and Local Coastal Program Amendment 17-004 to increase the lot area of the Malibu Country Inn lot with land from the Point Dume Club mobile home park, change the General Plan land use designation, Zoning Map and Local Coastal Program maps from Commercial Visitor Serving–one to Commercial Visitor Serving–two (CV-2) and the increased Malibu Country Inn lot area from Mobilehome Residential to CV-2, replace the existing restaurant, after-the-fact approval of a deck attached to the restaurant and replace a 200 square foot unpermitted storage shed with a 100 square foot storage shed; including Conditional Use Permit No. 17-011 for the hotel and restaurant uses and sale of alcohol for room service and restaurant; Variance (VAR) No. 18-038 for construction of Fire Department stairs on slope steeper than 2.5 to 1; VAR No. 20-034 for legal, non-conforming parking spaces in terms of size, number and aisle width to remain; VAR No. 21-010 from the City’s geotechnical standards for factor of safety; Site Plan Review No. 19-008 for the reconstruction of the restaurant in excess of 18 feet; and Minor Modification No. 19-007 for the replacement restaurant to provide a 50 percent reduction of the required front yard setback, located at 6506 Westward Beach Road and 29500 Heathercliff Road (Malibu Country Inn, Corp and Corp, and Point Dume, LTD).
5.
New Public Hearings
 
A.
Coastal Development Permit No. 18-035, Variance No. 19-062, and Demolition Permit No. 19-003 – An application to demolish an existing single-family residence and associated development and construct a new single-family residence and associated development
Location: 23325 Malibu Colony Drive, within the appealable coastal zone
APN: 4452-010-017
Owner: Axel 23324, LLC
Case Planner: Associate Planner Brooks, 456-2489, ext. 276
Recommended Action: Adopt Planning Commission Resolution No. 21-53 determining the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit No. 18-035 for the demolition of a one-story, single-family residence and associated development, totaling 2,963 square feet, and construction of a new 5,146 square foot, two-story single-family residence, swimming pool, decks, permeable driveway, and other associated development, and replacement of the onsite wastewater treatment system; including Variance No. 19-062 for the reduction of the required 100-foot buffer from an Environmentally Sensitive Habitat Area (Malibu Lagoon) and Demolition Permit No. 18-010 for the demolition of the existing residence and associated development located in the Single Family, Medium Density zoning district within the Malibu Colony Overlay District located at 23325 Malibu Colony Drive (Axel 23324, LLC).
B.
Coastal Development Permit No. 16-008, Code Violation No. 16-002, and Demolition Permit No. 20-012 – An application for the demolition of work conducted without the benefit of permits, construction of a new swimming pool and landscaping, relocation of the existing onsite wastewater treatment system and restoration of Environmentally Sensitive Habitat Area and related buffer
Location: 28305 Via Acero Street; within the appealable coastal zone
APN: 4467-033-009
Owners: Joseph and Pamela Bouganim
Case Planner: Associate Planner Kendall, 456-2489, ext. 301
Recommended Action: Adopt Planning Commission Resolution No. 21-59 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 16-008 for a slope restoration and revegetation, removal of unpermitted fill, and demolition of a retaining wall constructed without the benefit of permits within an Environmentally Sensitive Habitat Area buffer, after-the-fact planting of a ficus tree hedge, relocation of the existing onsite wastewater treatment system, and a new swimming pool, spa, and pool equipment; including Demolition Permit No. 20-012 for the removal of the development constructed without the benefit of permits at an existing single-family residence located in the Rural Residential–Five Acre zoning district at 28305 Via Acero (Bouganim).
6.
Old Business
None.

 
7.
New Business
None.

 
8.
Planning Commission Items
None.

 
Adjournment
 
Future Meetings
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 23rd day of July 2020 at 1:00 p.m.
Kathleen Stecko, Administrative Assistant