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 April 21, 2022). 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] 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. 

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.
 
Malibu Planning Commission
Regular Meeting Agenda
(to be held during COVID-19 emergency)

Monday, June 20, 2022

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 - June 10, 2022
 
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 of the May 16, 2022 Regular Planning Commission meeting.

Staff Contact: Administrative Assistant Evans, 456-2489, ext. 246
Continued Public Hearings
 
A.
Administrative Plan Review-Woolsey Fire No. 20-062, and Variance Nos. 21-013, 21-014, and 22-008 – An application for a replacement driveway, and construction of new retaining walls, two-car garage, decking, and non-exempt grading over 1, 000 cubic yards (Continued from June 6, 2022)

Location: 31113 Bailard Road, not within the appealable coastal zone
APN: 4470-011-038
Owner: David W. Ellis and Kate Williams Ellis
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Continue the item to a date uncertain.
B.
Conditional Use Permit Amendment No. 21-002 – An application to allow the onsite sale and consumption of wine and beer (Alcoholic Beverage Control License Type 41) to patrons of a health and wellness center (CURE Spa) (Continued from June 6, 2022)

Location: 23401 Civic Center Way, Unit 1C
APN: 4458-022-030
Owner: The Park at Cross Creek, LLC
Tenant: CURE Spa – Malibu LLC
Case Planner: Senior Planner Thompson, 456-2489, ext. 280

Recommended Action: Adopt Planning Commission Resolution No. 22-43 determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit Amendment No. 21-002 to amend Conditional Use Permit No. 18-005 to allow onsite service of wine and beer, and authorizing the Planning Director to submit a letter of public convenience or necessity for a California Department of Alcoholic Beverage Control License Type 41 (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 1C (The Park at Cross Creek, LLC).
New Public Hearings
 
A.
Coastal Development Permit No. 19-007, Variance No. 20-010, Minor Modification No. 20-009, Stringline Modification Review No. 20-005, Demolition Permit No. 19-010 and Offer-to-Dedicate No. 21-001 – An application for the demolition of an existing single-family residence and associated development and construction of a new beachfront single-family residence and associated development

Location: 31340 Broad Beach Road, within the appealable coastal zone
APN: 4470-016-011
Owner: 31340 Broad Beach Rd LLC
Case Planner: Senior Planner Thompson, 456-2489, ext. 280

Recommended Action: Adopt Planning Commission Resolution No. 22-47 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-007 for construction of a new 5,245 square foot beachfront single-family residence, a 742 square foot attached garage, 1,547 square feet of covered areas, landscaping, hardscape, grading, retaining walls and onsite wastewater treatment system, including Variance No. 20-010 for construction of a six-foot high wall seaward of the building stringline and within Area I of the Trancas Beach Overlay District, Minor Modification No. 20-009 for a 50 percent reduction of the front yard setback, Stringline Modification Review No. 20-005 for the single-family residence to extend 3.5 feet beyond the building stringline, Demolition Permit No. 19-010 to demolish the existing residence and carport and Offer-to-Dedicate No. 21-001, located in the Single-Family Medium zoning district and Trancas Beach Overlay District at 31340 Broad Beach Road (31340 Broad Beach Rd LLC).
B.
Coastal Development Permit No. 22-013 and Temporary Use Permit No. 22-010 – An application for the 40th 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: 23825 Stuart Ranch Road (APN 4458-021-011)
                               23805 Stuart Ranch Road (APN 4458-021-173)
                               3542 Coast View Drive (APN 4458-021-003)
                               23525 Civic Center Way (APN 4458-022-906)
                               23575 Civic Center Way (APN 4458-022-907)
                               3602 Winter Canyon Road (APN 4458-027-903)
                               3806 Cross Creek Road (APN 4452-011-035)
Ride Share/Drop    23789 Stuart Ranch Road (APN 4458-022-011)
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Adopt Planning Commission Resolution No. 22-45 determining the project is categorically exempt from the California Environmental Quality Act approving Coastal Development Permit No. 22-013 and Temporary Use Permit No. 22-010 to allow for the 40th Annual Chili Cook-Off and Carnival proposed to take place Friday, September 2, 2022, through Monday, September 5, 2022 (Labor Day Weekend) and a private fundraising event to take place Thursday, September 1, 2022, located on a city-owned parcel in the Community Commercial zoning district at 23575 Civic Center Way and various locations for offsite parking lots.
Old Business
 
None.
New Business
 
None.
Planning Commission Items
 
None.
Adjournment
 
Future Meetings
Tuesday, July 5, 2022 6:30 p.m. CANCELLED  
Monday, July 18, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, August 1, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined

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 City Council 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 Council 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.