MeetingThis meeting will be held via teleconference only in order to reduce the risk of spreading COVID-19 and pursuant to AB 361 and the County of Los Angeles Public Health Officer’s Order (revised Month XX, 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
[email protected] before the meeting begins. 

HOW TO PARTICIPATE DURING THE MEETING: 
Members of the public wishing to speak or defer time to another speaker during the meeting must participate through the Zoom application and must be present in the Zoom conference to be recognized. The City requests that you sign up to speak before the item you would like to speak on has been called by the Chair. For those wishing to defer time, you are not required to sign up to speak. At the start of public comment for the item, the Chair shall ask members of the public wishing to defer time to raise their hands in the Zoom meeting using the reactions button. Each person will be called to verify their presence in the Zoom meeting and their intent to donate time.

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, November 15, 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.
Ceremonial/Presentations
 
A.
Administer Oath of Office to Newly Appointed Commissioner
B.
Planning Commission Reorganization
1.
Election of Chair
2.
Election of Vice Chair
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
None. 
B
New Items
1.
Formula Retail Clearance No. 21-001 – Malibu Country Mart Shopping Center

Location:         3900 Cross Creek Road, Unit 1A
APN:               4452-011-039
Owner:             3835 Cross Creek, LLC
Tenant:            Timothy Olton’s Noble Souls
Case Planner:  Associate Planner Thompson, 456-2489, ext. 280

Recommended Action: Receive and file the Planning Director’s report on Formula Retail Clearance No. 21-001.


 
4.
Continued Public Hearings
 
None. 
5.
New Public Hearings
 
A.
General Plan Amendment No. 20-001 – An Amendment to the Malibu General Plan for the 2021-2029 Housing Element Update

Recommended Action: 1) Conduct a public hearing on the Revised Draft 2021-2029 Housing Element Update; and 2) Adopt Planning Commission Resolution No. 21-77 determining the project exempt from the California Environmental Quality Act, and recommending the City Council approve General Plan Amendment No. 20-001 to adopt the Revised Draft 2021-2029 Housing Element Update.

Case Planner: Associate Planner Murillo, 456-2489, ext. 353


 
B.
Administrative Plan Review-Woolsey Fire No. 20-062, and Variance Nos. 21-013 and 21-014 – An application for a replacement driveway, and construction of new retaining walls, two-car garage and decking

Location: 31113 Bailard Road
APN: 4470-011-038
Owners: David W. Ellis and Kate Williams Ellis
Case Planner: Associate Planner Murillo, 456-2489, ext. 353

Recommended Action: Adopt Planning Commission Resolution No. 21-76 determining the project is categorically exempt from the California Environmental Quality Act, and approving Administrative Plan Review-Woolsey Fire No. 20-062 to allow the reconstruction of an existing driveway, construction of new retaining walls, and after-the-fact approval of a two-car garage and decking previously approved under Planning Verification-Woolsey Fire No. 20-046; including Variance No. 21-013 for construction on slopes steeper than 2.5 to 1, and Variance No. 21-014 for height of retaining walls over six feet in height but not to exceed 24 feet, 7 inches, for a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential Five-Acre zoning district at 31113 Bailard Road (David W. Ellis and Kate William Ellis).

 
C.
Coastal Development Permit-Woolsey Fire No. 20-058, Site Plan Review No. 21-032, and Minor Modification No. 21-019 – An application for an addition to an existing single-family residence, second unit, and associated development

Location: 5814 Philip Avenue, within the appealable coastal zone
APN: 4469-015-007
Owner: The James Patrick Daniels and Janean Acevedo Daniels Revocable Trust Dated March 24, 2008
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Adopt Planning Commission Resolution No. 21-75 determining that the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit–Woolsey Fire No. 20-058 to allow for a 748 square foot addition to an existing, single-family residence, 900 square foot second unit, onsite wastewater treatment system; including Site Plan Review No. 21-032 for development on slopes between 3 to 1 and 2.5 to 1, and Minor Modification No. 21-019 for a reduction of the required side yard setback for a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential Two-Acre zoning district at 5814 Philip Avenue (The James Patrick Daniels and Janean Acevedo Daniels Revocable Trust Dated March 24, 2008).

 
D.
Coastal Development Permit No. 17-083, Minor Modification No. 17-017, and Demolition Permit No. 17-029 – An application to demolish an existing single-family residence, and construct 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: Adopt Planning Commission Resolution No. 21-60 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-083 to allow the demolition of an existing 2,228 square foot, construction of a new 6,691 square foot two-story single-family residence (not to exceed 18 feet in height), plus a 1,080 square foot basement, swimming pool, onsite wastewater treatment system, and other associated development; including Minor Modification No. 17-017 for a 50 percent reduction of the required front yard setback, and Demolition Permit No. 17-029 for the demolition of the existing single-family residence and onsite development located in the Rural Residential One-Acre zoning district at 7247 Birdview Avenue (Westward Beach Partners, LLC).


 
E.
Coastal Development Permit No. 19-086, Variance Nos. 21-020 and 21-021, Neighborhood Standards No. 19-001, Site Plan Review No. 19-125, Minor Modification Nos. 19-017 and 19-018, and Demolition Permit No. 21-029 - An application to permit work completed pursuant to an Emergency Coastal Development Permit and to allow the construction of a new single-family residence and associated development

Location: 31697 Sea Level Drive, within the appealable coastal zone
APN: 4470-024-031
Owner: P & C Partners, LP
Case Planner: Associate Planner Thompson, 456-2489, ext. 280


Recommended Action: Continue the item to the December 6, 2021 Regular Planning Commission meeting. 
6.
Old Business
 
None. 
7.
New Business
 
A.
Proposed 2022 Calendar of Planning Commission Meetings

Recommended Action: Approve the 2022 Calendar of Planning Commission meetings.

Staff Contact: Senior Administrative Analyst Salazar, 456-2489, ext. 245
8.
Planning Commission Items
 
None. 
Adjournment
 
Future Meetings
Monday, December 6, 2021 6:30 p.m. Regular Planning Commission Meeting Location TBD
Monday, December 20, 2021 6:30 p.m. Regular Planning Commission Meeting Cancelled
Monday, January 3, 2022 6:30 p.m. Regular Planning Commission Meeting Cancelled
Tuesday, January 18, 2022 6:30 p.m. Regular Planning Commission Meeting Location TBD

Guide to Planning Commission Proceedings

As a result of the Coronavirus (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.  In order to reduce the risk of spreading COVID-19, the Planning Commission meeting will be open and public but conducted virtually because meeting in person would present imminent risks to the health or safety of attendees. This way, the public, the staff, and the Commission will not be physically in the same place. 

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. Time may be surrendered by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. Members of the public wishing to speak or defer time to another speaker during the meeting must participate through the Zoom application and must be present in the Zoom conference to be recognized. The City requests that you sign up to speak before the item you would like to speak on has been called by the Chair. For those wishing to defer time, are not required to sign up to speak in advance. At the start of public comment for the item, the Chair shall ask members of the public wishing to defer time to raise their hands in the Zoom meeting using the reactions button. Each person will be called to verify their presence in the Zoom meeting and their intent to donate time. Please visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

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.

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.  Members of the public wishing to speak during the meeting must participate through the Zoom application. Each speaker is limited to three (3) minutes. In order to speak, individuals must visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

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. Public comment shall follow the rules as set forth under Oral Communication.

Items in New Business are items, which are appearing for the first time for formal action.  Public comment shall follow the rules as set forth under Oral Communication.

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. without a two-thirds vote of the Planning Commission.

Planning Commission meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described are available upon request by emailing [email protected].

 
The City Hall phone 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, (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].
 Requests to show an audio or video presentation during a Commission meeting should be directed to Alex Montano at (310) 456-2489, ext. 227 or [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.