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 March 21, 2020). 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 will be provided from which members of the public may observe the meeting and offer public comment. The meeting which instead be live streamed at malibucity.org/video.  

HOW TO PARTICIPATE IN THE MEETING:
Written comments may be submitted to the Planning Commission before the meeting begins. Written correspondence should be submitted to planningcommission@malibucity.org. The public may also participate telephonically; information regarding participating telephonically or electronically will be distributed at a later date. Please check for an amended agenda at malibucity.org/agendacenter for the latest updates about participation in this meeting. 
Malibu Planning Commission
Regular Meeting Agenda
(to be held during COVID-19 emergency)

Monday, June 1, 2020

6:30 P.M – 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.
Staff Update on the Woolsey Fire Rebuild Process
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 inquires
3. Consent Calendar
 
A.
Previously Discussed Items
1.
Master Sign Program No. 19-001 and Minor Modification Nos. 20-003 and 20-004 – An application for a new master sign program with minor modifications to monument sign height and minimum sign separation distance
Location: 3939 Cross Creek Road, Malibu Lumber Yard
APN: 4458-020-903
Owner: WPG Malibu, LLC
Case Planner: Planning Technician Coronel, 456-2489, ext. 373
Recommended Action: Adopt Planning Commission Resolution No. 20-21 approving the above mentioned entitlements for the property located at 3939 Cross Creek Road.
B.
New Items
1.
Extension of Coastal Development Permit No. 15-028, Variance No. 16-016, Site Plan Review No. 16-009, Minor Modification No. 16-010, Conditional Use Permit No. 15-011, and Lot Merger No. 16-001
Location: 4000 Malibu Canyon Road
APNs: 4458-028-015, 4458-028-019, and 4458-030-007
Owner: Green Acres, LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 20-45 granting a two-year extension of Coastal Development Permit No. 15-028 to allow the construction of a new memorial park, including a new 6,000 square foot chapel with 673 square feet of ancillary spaces, 8,002 square foot subterranean parking lot and 1,346 square foot basement, 47 mausoleum structures with a maximum area of 200 square feet each for a total maximum of 9,400 square feet, approximately 28,265 in-ground burial plot spaces intermittently located throughout the property, 3,644 interments in above grade wall crypt structures, a circular driveway, parking lot, entry gates, grading, landscaping and exterior lighting, including Variance No. 16-016 for non-exempt grading, Site Plan Review (SPR) No. 16-009 for height over 18 feet but less than 28 feet for the sloped roof of the chapel, Minor Modification No. 16-010 for mausoleums not to exceed a 50 percent front yard setback reduction, Conditional Use Permit (CUP) No. 15-011 for the proposed memorial park and chapel in the subject zoning district, and Lot Merger No. 16-001 for consolidation of the three existing legal lots into one legal lot located in the Commercial Visitor Serving-Two zoning district at 4000 Malibu Canyon Road (Green Acres, LLC).
2.
De Minimis Waiver No. 20-007— An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel
Location: 5924 Bonsall Drive, not within the appealable coastal zone
APN: 4467-023-040
Owner: 5924 Bonsall Drive, LLC
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Receive Planning Director’s report on De Minimis Waiver (DMW) No. 20-007 for a new onsite wastewater treatment system (OWTS) for a Woolsey affected parcel.
3.
Administrative Coastal Development Woolsey Fire No. 20-006 – 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
Location: 5853 Busch Drive, within the appealable coastal zone
APN: 4469-012-023
Owner: 5853 Busch Drive, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 20-006.
4. Continued 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 (continued from May 4, 2020)
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. 20-18 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 5,220 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. 19-003 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 at 23325 Malibu Colony Drive (Axel 23324, LLC).
B.
Coastal Development Permit No. 14-029, Variance Nos. 19-053 and 20-001, Minor Modification No. 19-015, and Site Plan Review 20-002 – An application for the construction of a new one-story, single-family residence and associated development (Continued from May 18, 2020)
Location: 24689 Pacific Coast Highway, not within the appealable coastal zone
APN: 4469-041-004
Owner: MLR Malibu, LLC
Case Planner: Assistant Planner Eng, 456-2489, ext. 238
Recommended Action: Adopt Planning Commission Resolution No. 20-44 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 14-029 to construct a new one-story, 18-foot high residence with 6,758 square feet of total development square footage that includes a 425 square foot attached garage and 4,283 square feet of subterranean garage and basement area, and new onsite wastewater treatment system; including Variance (VAR) No. 19-053 to reduce the required 100-foot Environmentally Sensitive Habitat Area buffer; VAR No. 20-001 to allow for greater than 1,000 cubic yards of non-exempt grading; Site Plan Review No. 20-002 for remedial grading; and Minor Modification No. 19-015 for reduction of the required 65-foot front yard setback by 50 percent, located in the Single-Family Medium Density zoning district at 24689 Pacific Coast Highway (MLR Malibu, LLC).
5. New Public Hearings
 
A.
Coastal Development Permit No. 19-005, Site Plan Review Nos. 19-072 and 20-013, Minor Modification No. 19-010 – An application for a new single-family residence and associated development
Location: 29623 Cuthbert Road, not within the appealable coastal zone
APN: 4469-008-010
Owner: Colby Family Trust
Case Planner: Assistant Planning Director Mollica, 456-2489, ext. 346
Recommended Action: Adopt Planning Commission Resolution No. 20-46 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-005 to allow for a new single-family residence with attached garage, a secondary dwelling unit, swimming pool/spa, and a new onsite wastewater treatment system, including Site Plan Review (SPR) No. 19-072 for construction of the residence above 18 feet in height, SPR No. 20-013 for construction of the second residential unit above 18 feet in height, and Minor Modification No. 19-010 for a 13 percent reduction of the required rear yard setback to replace a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential-Two Acre zoning district at 29623 Cuthbert Road (Colby Family Trust).
B.
Coastal Development Permit Amendment No. 20-016 – An application to amend the temporary skate park project (Coastal Development Permit No. 19-083) to allow placement of 244 linear feet of potted trees for screening
Location: 24250 Pacific Coast Highway
APNs: 4458-018-906 and 4458-018-907
Owner: City of Malibu
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Determine that the proposed amendment is consistent with the previously considered Addendum No. 2 to the Crummer Site Subdivision Final Environmental Impact Report and adopt Planning Commission Resolution No. 20-40 approving Coastal Development Permit Amendment No. 20-016 amending Coastal Development Permit No. 19-083 to allow for the placement of 244 linear feet of potted trees as ancillary development to the previously approved above-ground temporary skate park, located on Lot 7 of the Crummer/Case property in the Planned Development and Public Open Space zoning districts located at 24250 Pacific Coast Highway (City of Malibu).
C.
Coastal Development Permit No. 18-004, Tentative Parcel Map No. 18-001, Site Plan Review No. 18-004, and Demolition Permit No. 18-006 – An application for a tentative parcel map to subdivide a parcel into two lots, and construct a new single-family residence and associated development on Lot A
Location: 29200 Larkspur Lane, within the appealable coastal zone
APN: 4468-008-001
Owner: 29200 Larkspur, LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 20-27 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 18-004 for the construction of a new 8,147 square foot, two-story single-family residence that includes a 642 square foot attached two-car garage and 1,000 square foot basement, swimming pool, deck, hardscape, grading and landscape, and installation of a new onsite wastewater treatment system; including Site Plan Review No. 18-004 for a height increase over 18 feet but not to exceed 24 feet for a flat roof, Tentative Parcel Map No. 18-001 to subdivide an existing 3.57-acre legal lot into two lots, and Demolition Permit No. 18-006 to demolish an existing residence and detached garage, located in the Rural Residential–One Acre zoning district at 29200 Larkspur Lane (29200 Larkspur LLC).
D.
Coastal Development Permit No. 18-005, Site Plan Review No. 18-005, and Minor Modification No. 18-005 – An application for construction of a new single-family residence and associated development on Lot B
Location: 29200 Larkspur Lane, within the appealable coastal zone
APN: 4468-008-001
Owner: 29200 Larkspur, LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 20-28 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 18-005 for the construction of a new 7,312 square foot, two-story single-family residence that includes a 725 square foot attached three-car garage and 996 square foot basement, swimming pool, deck, hardscape, grading and landscape, and installation of a new onsite wastewater treatment system; including Site Plan Review No. 18-005 for a height increase over 18 feet but not to exceed 24 feet for a flat roof and Minor Modification No. 18-005 for a 20 percent side yard setback reduction, located in the Rural Residential–One Acre zoning district at 29200 Larkspur Lane (29200 Larkspur LLC).
6. Old Business
None.

 
7.Planning Commission Items
None.

 
8. New Business
None.

 
Future Meetings

Monday, June 15, 2020    6:30 p.m.    Regular Planning Commission Meeting    To Be Determined
Monday, July 6, 2020    CANCELLED
Monday, July 20, 2020    6:30 p.m.    Regular Planning Commission Meeting    To Be Determined


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 22nd day of May 2020 at 4:00 p.m.
Kathleen Stecko, Administrative Assistant