Meeting 
Malibu Planning Commission
Regular Meeting Agenda


Monday, May 16, 2022

6:30 PM – REGULAR PLANNING COMMISSION MEETING
 
Call to Order – Chair
 
Roll Call – Recording Secretary
 
Approval of Agenda
 
Report on Posting of Agenda
 
1.
Ceremonial/Presentations
 
None. 
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.
De Minimis Waiver No. 20-011An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 30060 Andromeda Lane, not within the appealable coastal zone
APN: 4469-004-009
Owner: 30060 Andromeda Lane LLC
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Receive and file the Planning Director’s report on the issuance of De Minimis Waiver No. 20-011 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.

 
2.
Administrative Coastal Development Permit Amendment-Woolsey Fire No. 22-001 – An application for the construction of a new swimming pool and spa, additional decking, landscaping, and other related exterior development for a parcel damaged in the Woolsey Fire

Location: 5814 Philip Avenue, not within the appealable coastal zone
APN: 4469-015-007
Owner: JP and JA Daniels Trust
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit Amendment-Woolsey Fire No. 22-001.
4.
Continued Public Hearings
 
None. 
5.
New Public Hearings
 
A.
Coastal Development Permit No. 17-076, Coastal Development Permit Amendment No. 21-002, Variance Nos. 17-004, 17-029, 17-030, and 17-042, Site Plan Review No. 17-047, and Minor Modification No. 17-015 – An application for the construction of a new single-family residence and associated development and amendment of Coastal Development Permit Amendment No. 13-011 to modify Condition No. 14

Location: 4140 Encinal Canyon Road, not within the appealable coastal zone
APN: 4473-025-013
Owner: Ermabella Estates, LLC
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Continue the item to a date uncertain.

 
B.
Conditional Use Permit No. 21-009 – An application to allow the onsite sale and consumption of wine, beer, liquor and spirits (ABC License Type 47) to patrons of a bona fide eating place (Howdy’s Sonrisa Cafe)

Location: 23401 Civic Center Way, Unit 3A
APN: 4458-022-030
Owner: The Park at Cross Creek, LLC
Case Planner: Senior Planner Thompson, 456-2489, ext. 280

Recommended Action: Adopt Planning Commission Resolution No. 22-37 determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit No. 21-009 to allow onsite service of wine, beer, liquor and spirits, and authorizing the Planning Director to submit a letter of public convenience or necessity for a California Department of Alcoholic Beverage Control License Type 47 (On-Sale General Eating Place) for the use located in the Commercial Visitor Serving-One zoning district and the Civic Center Northeast Specific Plan area at 23401 Civic Center Way, Unit 3A (The Park at Cross Creek, LLC).

 
C.
Coastal Development Permit No. 19-042, Site Plan Review No. 19-056, Minor Modification No. 19-009, Demolition Permit No. 21-013, and Code Violation No. 21-126 – An application for a remodel of and addition to an existing single-family residence, a new detached garage, second unit, and associated development

Location: 28867 Grayfox Street, within the appealable coastal zone
APN: 4468-008-002
Owner: 28867 Grayfox LLC
Case Planner: Associate Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 22-38 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-042, Demolition Permit No. 21-013, and Code Violation No. 21-126 to allow an after-the-fact interior and exterior remodel, new construction consisting of a 431 square foot addition to the existing single-family residence, a 943 square foot detached three-car garage, a 900 square foot second unit, swimming pool, spa, landscape, hardscape, onsite wastewater treatment system, two trellises and a front yard fence with two vehicular entry gates; including Site Plan Review No. 19-056 for construction up to 24 feet in height to allow for a flat roof and Minor Modification No. 19-009 for an up to 50 percent reduction of the required front yard setback, located in the Rural Residential One-Acre zoning district at 28867 Grayfox Street (28867 Grayfox LLC).

 
D.
Zoning Text Amendment No. 22-001 – Amendments to the Malibu Municipal Code Dark Sky Ordinance to Update Light Trespass Allowances

Location: Citywide
Case Planner: Associate Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 22-39 determining the amendments are exempt from the California Environmental Quality Act, and recommending that the City Council approve Zoning Text Amendment No. 22-001 amending Malibu Municipal Code Section 17.41.050(G) of Chapter 17.41 (Malibu Dark Sky) regarding allowable light trespass from commercial and institutionally zoned properties onto the public right-of-way.
6.
Old Business
 
None. 
7.
New Business
 
None. 
8.
Planning Commission Items
 
None. 
Adjournment
 
Future Meetings
Tuesday, May 31, 20222 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, June 6, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, June 20, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined

Guide to Planning Commission Proceedings

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] 
at least three days prior to the meeting to provide adequate time for Commissioner consideration. Correspondence will continue to be processed until thirty minutes prior to the start of the meeting or as practical.
 
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.