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
Adjourned Regular Meeting Agenda
(to be held during COVID-19 emergency)

Monday, April 6, 2020

6:30 P.M – ADJOURNED 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
 
Update on Planning Department’s Operations During COVID-19 Emergency Declaration
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
 
None.
B.New Items
 
1.
De Minimis Waiver No. 19-009 — An application to relocate the MicroSep Tec tank for a previously approved onsite wastewater treatment system
Location: 6755 Dume Drive, partially within the appealable coastal zone
APN: 4468-008-015
Owners: Robert and Sarah Wells
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Receive Planning Director’s report on the revised De Minimis Waiver No. 19-009 to allow for the relocation of the MicroSep Tec Tank for a previously approved onsite wastewater treatment system (OWTS) to replace the existing OWTS for a Woolsey Fire affected parcel.
2.
Administrative Coastal Development Permit Amendment No. 17-014 – An amendment to Administrative Coastal Development Permit No. 13-014 for the construction of a new two-story, single-family residence, detached accessory structures and associated development
Location: 28465 Via Acero Street, not within the appealable coastal zone
APN: 4467-033-014
Owner: Thilo Kuther
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit Amendment No. 17-014.
4.Continued Public Hearings
 
None.
5.New Public Hearings
A.
Administrative Plan Review No. 19-143, Variance No. 19-041, Variance No. 19-042, Site Plan Review 19-087, and Site Plan Review No. 19- 088 – An application for a new four-car garage and driveway at an existing single-family residence
Location: 3556 Sweetwater Mesa Road
APN: 4452-017-008
Owner: Michael Thomson
Case Planner: Assistant Planner Eng, 456-2489, ext. 372
Recommended Action: Receive and File.
B.
Coastal Development Permit No. 15-069, Site Plan Review No. 15-057 and, Demolition Permit No. 20-004 – An application to for the demolition of an existing single-family residence, the construction of a new single-family residence, and exterior site improvements
Location: 29140 Cliffside Drive, within the appealable coastal zone
APN: 4468-001-005
Owner: Setara Limited
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 20-34 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 15-069, Site Plan Review No. 15-057, and Demolition Permit No. 20-004 for the demolition of an existing 3,413-square foot single-family residence, construction of a new 24-foot tall, two-story, 6,927-square foot, single-family residence including an attached one-car garage, three-car carport, new onsite wastewater treatment system, landscaping, new driveway, retaining walls, water feature, pool and spa and associated equipment, pool decking, non-exempt grading; and including a site plan review for construction above 18 feet in height, not to exceed 24 feet in height for a flat roof located in the Rural Residential-One Acre zoning district at 29140 Cliffside Drive (Setara Limited).
C.
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
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).
6.Old Business
 
None.
7.New Business
 
None. 
8.Planning Commission
 
None.
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 27th day of March 2020 at 3:00 p.m.

 
Patricia Salazar, Senior Administrative Analyst