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, May 4, 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
 
Future Planning Commission Meetings
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 inquires
3. Consent Calendar
 
A.Previously Discussed Items
 
1.
Coastal Development Permit No. 13-040, Conditional Use Permit No. 13-015, Variance Nos. 13-042, 13-043, 15-035, and 15-036, Minor Modification No. 13-011, and Demolition Permit No. 20-011 - An application for the replacement of an existing 300,000-gallon water tank with a new 385,000-gallon water tank to meet current domestic and fire protection standards and associated development (Continued from May 18, 2020)
Location: 5723 Busch Drive, not within the appealable coastal zone
APN: 4469-028-006
Owner: Serra Canyon Co. LTD
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 20-23 determining the project is consistent with the Lower Busch Tank Negative Declaration previously adopted by the Los Angeles County Board of Supervisors under the California Environmental Quality Act and its addendum, and approving Coastal Development Permit No. 13-040 for the replacement of an existing 300,000-gallon water tank with a new 385,000-gallon water tank to meet current domestic and fire protection standards, generator, hardscape, gates and fencing, Conditional Use Permit No. 13-015 for a water tank on a rural residential parcel, Variance (VAR) No. 13-042 for the height of the water tank to exceed the maximum height up to 26 feet, VAR No. 13-043 for non-view permeable, eight in height fencing within the front yard setback, VAR No. 15-035 for the installation of an 7-foot, 8-inch in height back-up generator within the required rear yard setback from the required 15 feet to the proposed 5 feet, 3 inches, VAR No. 15-036 for impermeable coverage to exceed the maximum permitted for up to 9,219 square feet, Minor Modification No. 13-011 for the water tank to provide a 50 percent reduction of the required front yard setback from the required 20 feet to the proposed 10 feet, and Demolition Permit No. 20-011 for the full demolition of the existing water tank and other associated development located in the Rural Residential–Two Acre zoning district at 5723 Busch Drive (Serra Canyon Co., LTD).
B. New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the April 6, 2020 Adjourned Regular Planning Commission meeting and the April 20, 2020 and May 4, 2020 Regular Planning Commission meetings.
Staff Contact: Planning Director Blue, 456-2489, ext. 258
3.
Administrative Coastal Development Permit No. 20-016 – An application for a new wastewater treatment system to replace the existing system for an existing multi-family structure
Location: 20616 Seaboard Road, partially within the appealable coastal zone
APN: 4450-018-022
Owner: Ilya Lagutenko
Case Planner: Planning Technician Coronel, 456-2489, ext. 373
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 20-016.
4.
De Minimis Waiver No. 19-014 - An application for a new onsite wastewater treatment system
Location: 6711 Wandermere Road, not within the appealable coastal zone
APN: 4468-012-006
Owners: Valerie and Edward Nalbantian
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 19-014 for a new onsite wastewater treatment system.
4. Continued Public Hearings
None.

 
5. New Public Hearings
 
A.
Conditional Use Permit No. 20-002 – An application to allow the onsite sale and consumption of beer and wine (ABC License Type 41) to patrons of a bona fide eating place (The Real Coconut)
Location: 23401 Civic Center Way, Unit 1A, not within the appealable coastal zone
APN: 4458-022-030
Owner: The Park at Cross Creek, LLC
Tenant: The Real Coconut/TRC Restaurant – Malibu LLC
Case Planner: Contract Planner Rudolph, 456-2489, ext. 238
Recommended Action: Adopt Planning Commission Resolution No. 20-48 determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit No. 20-002 to allow a California Department of Alcoholic Beverage Control License Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) to allow the onsite service of beer and wine, and authorizing the Planning Director to submit a letter of public convenience or necessity 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 (The Park at Cross Creek, LLC).
B.
Coastal Development Permit No. 19-007, Variance No. 20-010, Minor Modification No. 20-009, Stringline Modification Review No. 20-005, and Demolition Permit No. 19-010 – 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: Contract Planner Rudolph, 456-2489, ext. 238
Recommended Action: Adopt Planning Commission Resolution No. 20-49 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, plus a 742 square-foot attached garage and 1,547 square feet of covered areas, new landscaping, hardscape, grading, retaining walls and onsite wastewater treatment system, including Variance No. 20-010 for construction of a six-foot high solid, site 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, and Demolition Permit No. 19-010 to demolish the existing residence and carport, located in the Single-Family Medium zoning district and Trancas Beach Overlay District at 31340 Broad Beach Road (31340 Broad Beach Road LLC).
C.
Coastal Development Permit No. 14-052, Variance No. 19-006, and Demolition Permit No. 19-006 - An application for an interior and exterior remodel, including additions to the first and second floor, and associated development
Location: 20048 Pacific Coast Highway, within the appealable coastal zone
APN: 4450-002-047
Owner: Joseph A. Watters and Virginia Watters Revocable Intro Vivos Trust
Case Planner: Assistant Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 20-52 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 14-052 to allow an interior and exterior remodel including the after-the-fact approval of unpermitted additions to the first and second floor, a new proposed second floor addition and deck extension, and associated development including Variance No. 19-006 for the after-the-fact approval of the unpermitted additions located within the required east side yard setback and Demolition Permit No. 19-006 for the demolition of exterior walls and an unpermitted first-floor deck built seaward of the existing deck stringline located in the Single-Family Medium (SFM) zoning district at 20048 Pacific Coast Highway (Joseph A. Watters and Virginia Watters Revocable Intro Vivos Trust).
D.
Coastal Development Permit No. 17-088, Site Plan Review No. 19-030, Demolition Permit No. 19-023, and Code Violation No. 20-014 – An application for demolition of an existing residence and the construction of a new single-family residence and accessory development
Location: 6968 Dume Drive, not within the appealable coastal zone
APN: 4466-015-015
Owner: Highlands Investment Group LLC
Case Planner: Assistant Planner Murillo, 456-2489, ext. 353
Recommended Action: Adopt Planning Commission Resolution No. 20-53 determining the project is categorically exempt from the California Environmental Quality Act, approving Coastal Development Permit No. 17-088 to allow for the demolition of an existing single-family residence and the construction of a new 7,472 square foot two-story single-family residence that includes a basement and attached garage, two trellised patios, swimming pool, spa, site fencing and gates, new onsite wastewater treatment system, grading, landscaping, hardscaping, and associated development, including Site Plan Review No. 19-030 to allow for construction of a pitched roof 28-feet in height and Demolition Permit No. 19-023 for the demolition of the existing single-family residence located in the Rural Residential-One Acre zoning district at 6968 Dume Drive (Highlands Investment Group LLC).
6. Old Business
None.

 
7. New Business
None.

 
8. Planning Commission Items
None.

 
Adjournment
 
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 April 2020 at 3:00 p.m.
Kathleen Stecko, Administrative Assistant